So depressed, divorce before passport request, please help

[TH77]

Hi All, i need your help since i am in a very bad situation
i am going through divorce after doing medicals and paying landing fees, I do pass the 67 points without the 5 points for adaptability
my concern now if i get passport request my wife is not willing to send her passport even if i get it before divorce
divorce process will take sometime - what to do? if i get ppr and i send only my passport will this stop the process

Please help i am so depressed

 

[explorer101]

When you send your passport, send a forwarding letter that your spouse is not interested in migration. You are principal applicant and you can always do it. ( i assume that medicals of your wife had been done and sent to visa office )

 

[TH77]

Thank you for your reply, yes we have both passed medical and landing fees collected for both of us

 

[explorer101]

After your letter - the landing fee of your spouse would be refunded.

 

[TH77]

Thank you so much explorer, appreciate your input - such a relief

 

[BuffaloApp]

Hi All, i need your help since i am in a very bad situation
i am going through divorce after doing medicals and paying landing fees, I do pass the 67 points without the 5 points for adaptability
my concern now if i get passport request my wife is not willing to send her passport even if i get it before divorce
divorce process will take sometime - what to do? if i get ppr and i send only my passport will this stop the process

Please help i am so depressed

No they won't issue you a visa unless you show your divorce papers. Same thing happened to my friend so I am closely aware of this situation.

 

[shibuya]

If a couple is separated, the husband can still apply for immigration to Canada and not include the wife as a dependant in the application, provided he can show that he is separated. Otherwise, Immigration Canada is going to insist that the wife undergo the medical examination and the security check. If the wife refuses, the application will be refused.

The application can also be refused if the Canadian authorities are of the view that a couple is a couple no longer because they are separated, but are only staying together for immigration purposes.

If children are involved, Immigration Canada will require proof that the non-accompanying parent has given her legal consent to the children's immigration.

 

[shibuya]

TH77 - you can put ur question on this link and get more answers. LINK: http://www.askmehelpdesk.com/immigration-law/effect-divorce-during-canada-immigration-process-348289.html

 

[luluyu]

The application can also be refused if the Canadian authorities are of the view that a couple is a couple no longer because they are separated, but are only staying together for immigration purposes.

If the principal applicant alone claims enogh points for immigration, will they issue one PR only to the principal applicant?

 

[harryk]

Dear TH77,
If you and your spouse are on the verge of a seperation, and yet not have filed for divorce, and if you both have already done the medicals, then let me inform you that in the case your legal wife (as she hasnt filed for divorce or seperation) doesnt want to accompany you to Canada, you will require a 'No Objection Certificate / Affidavit' from your wife stating that she is willing not to go with her husband and that she has no objections to her husband migrating to Canada. Moreover, if she decides to migrate to Canada at a later date, then she will have to abide by the laws and regulations of Canadian Immigration that shall exist at that given time. If you are legally seperated, then make sure to send the legal documents to the CHC. And once you get the divorce, you should send that legal document too to CHC. If you have enough points even without the inclusion of your wife/ex-wife, then you need not worry about anything. The only drawback is that it might take an extra few months. Thats all. Regards, Harry.

 

[TH77]

Thanks all for the help, I am thinking to hire a consultant to take over my application at this stage, to avoid risk
we are actually separated but will not go through the divorce paperwork before a month or more
if i recieve PPR now should i mention that we are separated - no proof...
or should i only mention that she is rethinking immigration and send my passport only..
if i convince here to send her passport..we can both get visa before divorce, will that be the ideal situation? or i can have problems with CHC later when i move to canada?

 

[canadp]

Even if you receive PPR, it is clearly mentioned that do not submit passport in some conditions. That will be mentioned on the letter when you got your PPR Request.

If any of that condition apply in your case then do not submit passport and inform CIC for what to do for next step. As long as you are not divorced you can avoid to mention that to CIC but not after that.

Convince your wife if possible to wait little longer till your get your passport stamped.

However there is an issue because you need to submit passport together for principal and all dependent.

I wish something work out for you..

canadp

Thanks all for the help, I am thinking to hire a consultant to take over my application at this stage, to avoid risk
we are actually separated but will not go through the divorce paperwork before a month or more
if i recieve PPR now should i mention that we are separated - no proof...
or should i only mention that she is rethinking immigration and send my passport only..
if i convince here to send her passport..we can both get visa before divorce, will that be the ideal situation? or i can have problems with CHC later when i move to canada?

 

[craft33]

If your points are ok, even without spouse they will issue you visa.

 

[tonnyinchina]

Well if it has actually reached the divorce part,You will have to get the required divorce proceedings.This document has to be forwarded to the CIC before a decision is made on your immigration case. The good part is that,you have the 67 points even without the adaptability points,thus with completion of other checks,you're likely going to get your visa without any hitch.Note,without the divorce papers,then expect to have your application rejected,unless ofcourse your wife participates positively in the process.

 

[laxmikanthms]

I am not sure about this situation.

My sincere advice is figure out how to get back with your wife.

Life is one live it.