Spouse on open work permit and divorce

[Jasmin036]

Hello, everyone...!!

I have a question on spouse open work permit. I have a post graduation open work permit.My spouse got an open work permit a few months back ( Dependent visa ). Somehow we are not thinking to go ahead in this relationship and I am planning to not include my spouse in my PR application through Express entry. I am much confused and have no idea what to do. Please give me an advice as much as you can on below questions:

1) What are the steps or laws to get a divorce in Canada and spouse status after getting a divorce?

2) After or before getting a divorce, can spouse apply for PR individually ( not including the main applicant ) or Is there any way to get PR?

3). If I am not including my spouse in my PR application, what are the document I need to submit to in express entry profile and does all this affect the processing time for my PR application? and finally

4). How much will all these affect to bring my second wife/family sponsorship in Canada in future? I mean in processing time and chances for file rejection.

Thank you.

 

[Jasmin036]

Please Reply.

 

[21Goose]

This is a rather complicated question you're asking, and I think you'll have better luck contacting a divorce lawyer.

 

[dholhin1]

Very sad to hear this. Get divorce first here it takes around 4 months here. But If you dont want to wait and have all docs ready to apply under Express Entry , you can for PR as married but spouse is not accompanying you.( That's totally fine! Its not misrepresentation if you say she is not coming with you)

Your spouse got dependent visa that is different from sponsorship so don't worry about sponsoring your future real wife. But if you include your spouse in EE and if she get PR and later you go for divorce, in that case you'll have to wait 3 years to sponsor next wife. So take divorce first or apply as married but she is not accompanying you ( You will need her medical exam and PCC for second choice)

Don't get stressed dear everything will be fine and sorted out.

 

[canuck_in_uk]

1) What are the steps or laws to get a divorce in Canada and spouse status after getting a divorce?

2) After or before getting a divorce, can spouse apply for PR individually ( not including the main applicant ) or Is there any way to get PR?

3). If I am not including my spouse in my PR application, what are the document I need to submit to in express entry profile and does all this affect the processing time for my PR application? and finally

4). How much will all these affect to bring my second wife/family sponsorship in Canada in future? I mean in processing time and chances for file rejection.

Hi

1. Unless there has been adultery or abuse, you must be separated for a year before you can apply for a divorce.

2. You can apply as separated. You will need to submit proof of the separation and IRCC may require further information such as proof of filing for divorce.

3. A separation agreement, tax documents showing your status is separated, proof of living at separate addresses etc.

4. Your separation/divorce before PR is irrelevant to a future sponsorship app.

Your spouse got dependent visa that is different from sponsorship so don't worry about sponsoring your future real wife. But if you include your spouse in EE and if she get PR and later you go for divorce, in that case you'll have to wait 3 years to sponsor next wife. So take divorce first or apply as married but she is not accompanying you ( You will need her medical exam and PCC for second choice)

There is no 3 year wait rule in this situation. That only applies to citizens/PRs that sponsor their spouses through the Family Class.

 

[Jasmin036]

This is a rather complicated question you're asking, and I think you'll have better luck contacting a divorce lawyer.

Thank you very much.

 

[Aabha1991]

Thank you very much.

Jasmin Im currently in the same situation. How did you manage that?

 

[trupti8490]

Hello, everyone...!!

I have a question on spouse open work permit. I have a post graduation open work permit.My spouse got an open work permit a few months back ( Dependent visa ). Somehow we are not thinking to go ahead in this relationship and I am planning to not include my spouse in my PR application through Express entry. I am much confused and have no idea what to do. Please give me an advice as much as you can on below questions:

1) What are the steps or laws to get a divorce in Canada and spouse status after getting a divorce?

2) After or before getting a divorce, can spouse apply for PR individually ( not including the main applicant ) or Is there any way to get PR?

3). If I am not including my spouse in my PR application, what are the document I need to submit to in express entry profile and does all this affect the processing time for my PR application? and finally

4). How much will all these affect to bring my second wife/family sponsorship in Canada in future? I mean in processing time and chances for file rejection.

Thank you.

Hi

just need advise on your case?

what happened after that with your spouse?

i am in same boat right now.

i sponsered my husband and once he was here i came to know that he married to me only because he wanted to be here
right now i am living sepertaely and want to know what to do?

 

[canuck78]

Hi

just need advise on your case?

what happened after that with your spouse?

i am in same boat right now.

i sponsered my husband and once he was here i came to know that he married to me only because he wanted to be here
right now i am living sepertaely and want to know what to do?

You need to be separated for a year to get a divorce. You can try to submit information to CBSA proving that he married you solely to immigrate but it will be up to them to determine if this was a marriage of convenience.

 

[canuck_in_uk]

You need to be separated for a year to get a divorce. You can try to submit information to CBSA proving that he married you solely to immigrate but it will be up to them to determine if this was a marriage of convenience.

June 2019 post...

 

[Lelin123]

Hi

just need advise on your case?

what happened after that with your spouse?

i am in same boat right now.

i sponsered my husband and once he was here i came to know that he married to me only because he wanted to be here
right now i am living sepertaely and want to know what to do?

Hello,
My situation is exactly like you. Can you advice me here please

 

[Lelin123]

Jasmin Im currently in the same situation. How did you manage that?

Hi Aabha,

how did you manage this situation?

 

[Lelin123]

I have applied PR after finishing graduation in TRto PR stream. My dependent wife is here in Canada with OWP. I didn’t add her on my application as we had conflicts in relationship. When IRCC send me letter with forms to add my dependent, I sent them an explanation letter by writing that Our relationship is not working well and we separated. But now we are together, but thinking of divorce in Canada?

is there any problem in my application??

 

[canuck78]

I have applied PR after finishing graduation in TRto PR stream. My dependent wife is here in Canada with OWP. I didn’t add her on my application as we had conflicts in relationship. When IRCC send me letter with forms to add my dependent, I sent them an explanation letter by writing that Our relationship is not working well and we separated. But now we are together, but thinking of divorce in Canada?

is there any problem in my application??

Would suggest you add them as non-accompanying so that you don’t have to make a decision about whether to fully sponsor them when there seems to be a lot of back and forth in your relationship. Once you are certain about the marriage you can either sponsor them or do nothing.

 

[Dee1153]

Hi,

my situation is close to this…

myhusband SOWP expired on July 30 and we only stayed together for just a week before he moved to his brother’s place…we’ve been living apart all these while.

So, I just received my work permit and he is expecting me to give him to renew his but I want to divorce him, I don’t want to be tied to him in any way again, so, I am not giving him my PGWP.

Any implications? Do I need to notify immigration?

I realized he only used me to get here.