Urgent consultation needed! Quebec immigrant QSW

[TM_83]

Hello,

I am currently waiting for my move to Montreal and would like some consultation if anyone can help. I am currently married and I have sponsored my wife. We have been going through some difficulties and I need to share this story in order for anyone to at least give me some advice. I need to know if I will be affected if we divorce before our move to Canada? Who do we inform? If so, will that affect my ability to sponsor my parents later on if I want them with me in Montreal? Also would that affect me personally if I remarry which is not an option for me I am just wondering? Which is better for me to start my divorce before moving or after? And is there any difference between both situations? We don't have children and we have not lived together for a while as she works in a different country.

I have so many questions in mind and I just came up with those few ones. If anyone can help and reply to my message and help me with some info. Also if there is a legal firm that could help me out with consultation please send me their contact info. And just to clarify I applied in 2010 as a QSW and got married in 2013 but within this past period we both changed.

If anyone can assist me with some info thank you

 

[TM_83]

Re: Urgent consultation needed! Quebec immigrant

And just to clarify I am not trying to go around in circles and hide things I just need some clear info about the whole thing

 

[MidoRafa]

Re: Urgent consultation needed! Quebec immigrant

Hello,

Sorry to hear about your problems.

If you get divorced before you land in Canada, you will have to notify Quebec, return all of your CSQ's, and let them re-assess your file and points as a single person (assuming you were the principal applicant).
You will also have to notify CIC of your divorce, and they will probably cancel your visas pending Quebec's decision on whether they will issue you a new CSQ.


On the other hand, if you stay married until you land, as the principal applicant you can choose to land alone or with your wife. If you land together, you both become PR's and you can get a divorce later without a problem. Both of you can stay in Canada as legitimate PR's. If you land alone (wife doesn't come along), you personally will become a PR, then if you divorce her before she does her landing then she won't be able to land as she will no longer be married to you.

I don't *think* there should be any repercussions on you with regards to sponsoring anybody else as long as everything is properly documented and you follow the rules.

 

[TM_83]

Thank you very much for your info. I was afraid that due to the sensitivity of this topic I might be judged as if I'm trying to hide information! Now the thing is I am christian and I reside in the middle east and the process of divorce take a while here! The process of divorce may take a while and my understanding from your msg is that if I start with the divorce process prior to my landing I will have to be reassessed as an individual applicant. Does that mean I have to restart the whole immigration process or only CSQ? Correct me if I am wrong, but if I have applied as family sponsorship there would have been more problems if I ever decide to sponsor my parents is that right?

 

[MidoRafa]

I am not sure I understand your concerns. Specifically, what does the hypothetical family sponsorship have to do with anything? My understanding is that you applied as Quebec Skilled Worker and later -during processing- added your wife to the application, right? If so, then -as far as I know- you are both considered Skilled Workers. Family sponsorship would be if you had already become PR then sponsor her as a spouse. I am not sure what you're trying to get at.

With regards to the lengthy divorce proceedings, it all boils down to a simple test: at the border when you land, the officer will typically ask you whether you are still married and whether your family composition has changed. And you will have to give a simple answer "Yes or No" without lying or misrepresenting the truth. If you are still married at that point and answer Yes then you're in the clear - no need to change anything. Divorce can happen later. If at that point you will have been already divorced, you will have to declare it, and it is probable that the officer will deny you your landing because your status won't match the one under which you applied and were selected. More complications could follow. That's why if you do get divorced before you land, you have to inform CIC and MIDI to modify your application.

Again, with regards to the re-assessment. You would have to qualify on your own for a CSQ (there's a form called "Modification to a Quebec Selection Certificate" you'd have to file with the necessary docs, and they will re-calculate your points) AND update your application with CIC. The biggest hurdle and time spent will be the CSQ step, while the federal part will probably only require updating the application, and possibly police and medical checkups.

My personal opinion: since you already have your visa, why don't you just land, either alone (she doesn't have to come), or together as a couple (maybe she would also appreciate a new life in Canada), and then proceed with the divorce if that's what you want. It is not illegal, should not affect you in anyway in the future (as long as your marriage was genuine and legitimate), and you've already waited for so long (on the marriage AND the immigration process).
The alternative is at least 6-12 months in delays, combined with the uncertainty of being able to qualify for a CSQ on your own, and having to deal with unpredictable deadlines and requests on the part of CIC.

With regards to obtaining the PR card, when you land you can give them a friend's or relative's address who can receive the card (takes ~2-3 months), and you can leave on the next flight if you wish (frowned upon but not illegal).

 

[TM_83]

I was not sure of the information provided to me by so many consultants about this matter that's why my questions may seem unclear and all over the place. Thank you very much for your help and I appreciate the information you were able to give me. You have clarified so many questions in my mind

Appreciated

 

[MidoRafa]

I'm glad I could help!

Final piece of advice: in general, beware of so-called immigration consultants. In many instances they can cause more problems than they solve by providing wrong, outdated and/or dishonest advice. In fact, when you land, it's advised NOT to give the address of an immigration lawyer/consultant to the Immigration Officer for the receipt of PR cards, as this has definitely become a red flag with CIC, prompting more scrutiny into your file in the future (especially with the thousands of fraud cases that were uncovered over the past few years - almost all involving immigration consultants). Do your own research and don't hesitate to ask questions and you'll be fine.

Best of luck!

 

[y-axisoverseas]

Hi,

To apply for Canada ,the basic eligible criteria is to meet the requirement of 67 points and your occupation should be listed in NOC (O,A,B) this points could be with a single person or with a couple. Unless you are meeting the criteria of 67 points the above phase will not effect your application. And also it will not effect your ability to sponsor your parents after you entering into Canada on a PR.After getting a PR remarry will not have any effect on your application.

I would suggest you to get start with the process of applying to Canada PR because its all about points and it fallows pool system where your profile is been electronically ranked.