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Vintha

Newbie
Mar 17, 2021
2
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Hello Folks,

Posting from my new account, deleted my account due to separation from my spouse. My spouse and I are in Canada for the past 3 years. We are now living 3 months separately. Should we both be living separately for a period of 1 year before filing for divorce? We do not have kids? Our divorce is going to be uncontested divorce. Since my spouse sponsored my PR will it affect my citizenship. I am eligible to file my Canadian citizenship in June 2021. So while filling the forms should I mentioned separated? Will it affect my citizenship process?

Please throw some light on my concern Thanks.....
 
Hello Folks,

Posting from my new account, deleted my account due to separation from my spouse. My spouse and I are in Canada for the past 3 years. We are now living 3 months separately. Should we both be living separately for a period of 1 year before filing for divorce? We do not have kids? Our divorce is going to be uncontested divorce. Since my spouse sponsored my PR will it affect my citizenship. I am eligible to file my Canadian citizenship in June 2021. So while filling the forms should I mentioned separated? Will it affect my citizenship process?

Please throw some light on my concern Thanks.....

Yes, you need to live separately for one full year before you can file for divorce.

No impact to citizenship.
 
Thank you for your valuable input. So I should file my taxes as married and separated? I am in BC and I cannot afford to hire a lawyer. So I am planning to file the divorce myself and submit the paperwork in the courthouse. After my divorce is done can I remarry immediately?
 
When did you become a PR? Was it conditional that you stay married for a period of time? This is known as conditional PR and depends on how long you were married before applying for PR.

If not, then yes you can file for divorce after 1 year of separation, You have to wait 31 days after divorce is final. You will also have to prove you are divorced before you can remarry. My wife is a family lawyer.
 
Thank you for your valuable input. So I should file my taxes as married and separated? I am in BC and I cannot afford to hire a lawyer. So I am planning to file the divorce myself and submit the paperwork in the courthouse. After my divorce is done can I remarry immediately?
Since you are separated, you should file your taxes as separated. You can remarry but not until your divorce is finalized and you get your divorce certificate.
 
When did you become a PR? Was it conditional that you stay married for a period of time? This is known as conditional PR and depends on how long you were married before applying for PR.

If not, then yes you can file for divorce after 1 year of separation, You have to wait 31 days after divorce is final. You will also have to prove you are divorced before you can remarry. My wife is a family lawyer.

Conditional PR was eliminated several years ago. It no longer exists.
 
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Conditional PR was eliminated several years ago. It no longer exists.
It was valid up until April 2017 so I just providing context.