Visitor Visa for Divorce

[AlexZ92]

Hi, I am from Europe, currently residing in Alberta since January 20th 2018.
I was able to extend my visa twice.
My visa will expire on April 20th 2019.

I am married to a Canadian citizen and I am planning of filing for divorce, I’ve been separated since 2016.
Now, I was planning on proceeding with the divorce while in Canada but I am worried that I won’t have enough time, because I understand that it’s a long process.

The government of Alberta requires me to reside in Alberta for at least 1 year before being eleggibile to file for divorce.
If I come back to Canada right after I go back to my home country and explain the situation to the custom officers, will they grant me permission to stay for 1 year or until the divorce final?
Do I have to apply for a different visa?
I’ll be residing at my girlfriend’s house.

 

[Bryanna]

Hi, I am from Europe, currently residing in Alberta since January 20th 2018.
I was able to extend my visa twice.
My visa will expire on April 20th 2019.

I'm assuming you're from a visa-exempt country and you have an eTA.

In any case, your visitor status will expire in April.

I am married to a Canadian citizen and I am planning of filing for divorce, I’ve been separated since 2016.
Now, I was planning on proceeding with the divorce while in Canada but I am worried that I won’t have enough time, because I understand that it’s a long process.

It does not take too long if it is an uncontested divorce.

Has your lawyer filed the divorce petition yet? Has the summons been served on your estranged husband?

The government of Alberta requires me to reside in Alberta for at least 1 year before being eleggibile to file for divorce.

This requirement for filing for divorce is the same for most provinces.

How long have you been living in Alberta? At least 12 months to be able to file for a divorce?

If I come back to Canada right after I go back to my home country and explain the situation to the custom officers, will they grant me permission to stay for 1 year or until the divorce final?

Considering you would have been living in Canada for more than 1 year until April..... and then plan to return almost immediately, it is possible that the CBSA officer would see your stay as a violation of visitor privileges.

You could be allowed in for a short stay or even denied entry. It's anyone's guess.

You cannot request for a stay of one year when you arrive at the POE. That's a huge no.

You would also want to make sure you have evidence that your lawyer has filed for divorce + you have adequate finances to support your stay + a return ticket + reasons to return to your home country (this last point might not even help)

Do I have to apply for a different visa?

There's no different visa to attend the court proceedings for a divorce matter.

I’ll be residing at my girlfriend’s house.

You must be honest at the POE. That said, this does not help as it might seem like you're using the divorce route to actually stay with your girlfriend.


Also, you do not need to be present in court for a divorce case in Alberta. The merits of your case will continue to be heard even if you're not in Canada

 

[AlexZ92]

I'm assuming you're from a visa-exempt country and you have an eTA.

In any case, your visitor status will expire in April.



It does not take too long if it is an uncontested divorce.

Has your lawyer filed the divorce petition yet? Has the summons been served on your estranged husband?



This requirement for filing for divorce is the same for most provinces.

How long have you been living in Alberta? At least 12 months to be able to file for a divorce?



Considering you would have been living in Canada for more than 1 year until April..... and then plan to return almost immediately, it is possible that the CBSA officer would see your stay as a violation of visitor privileges.

You could be allowed in for a short stay or even denied entry. It's anyone's guess.

You cannot request for a stay of one year when you arrive at the POE. That's a huge no.

You would also want to make sure you have evidence that your lawyer has filed for divorce + you have adequate finances to support your stay + a return ticket + reasons to return to your home country (this last point might not even help)



There's no different visa to attend the court proceedings for a divorce matter.



You must be honest at the POE. That said, this does not help as it might seem like you're using the divorce route to actually stay with your girlfriend.


Also, you do not need to be present in court for a divorce case in Alberta. The merits of your case will continue to be heard even if you're not in Canada

Thank you so much for your answer.
The lawyer hasn’t filled the petition yet, I’m still trying to figure out my option for the divorce.

What could I do in case it turns out to be a contested divorce and I have to show up in court?
What could happen to me if I don’t show up in court because of immigration issues?
I just want to get this over and done as soon as possible but I’m afraid that immigration could be an issue in my case. Especially considering that there is a child involved and I would like to have visitation rights.

 

[Bryanna]

Thank you so much for your answer.
The lawyer hasn’t filled the petition yet, I’m still trying to figure out my option for the divorce.

You would need to figure it out really fast if you intend to go ahead with divorcing your estranged spouse. This means filing the divorce petition before you leave.

What could I do in case it turns out to be a contested divorce and I have to show up in court?

Nothing would change. The case will continue in your absence.

What could happen to me if I don’t show up in court because of immigration issues?

Again nothing. The court will give a fair consideration to the merits of your case even if you don't attend/you are unable to attend.

I just want to get this over and done as soon as possible but I’m afraid that immigration could be an issue in my case. Especially considering that there is a child involved and I would like to have visitation rights.

Not sure why you have not filed as yet. Have you found a lawyer to represent you?

You would need to speak with your lawyer about child support and visitation rights

 

[AlexZ92]

You would need to figure it out really fast if you intend to go ahead with divorcing your estranged spouse. This means filing the divorce petition before you leave.



Nothing would change. The case will continue in your absence.



Again nothing. The court will give a fair consideration to the merits of your case even if you don't attend/you are unable to attend.



Not sure why you have not filed as yet. Have you found a lawyer to represent you?

You would need to speak with your lawyer about child support and visitation rights

You’re very clear, thank you so much.
I have two last questions regarding all this:

- If, by events beyond my control, I have to leave Canada before filling for divorce, can I procede with the divorce in my home country or I necessarily have to reside in Alberta for 1 year?

- Will I for sure be granted access to Canada to see my son once I obtain visitation rights? (Let’s say once a month for example)

Thank you again, you’ve been very very helpful!

 

[canuck78]

You’re very clear, thank you so much.
I have two last questions regarding all this:

- If, by events beyond my control, I have to leave Canada before filling for divorce, can I procede with the divorce in my home country or I necessarily have to reside in Alberta for 1 year?

- Will I for sure be granted access to Canada to see my son once I obtain visitation rights? (Let’s say once a month for example)

Thank you again, you’ve been very very helpful!

Family law courts don't have any control over immigration so no they couldn't grantee you could enter Canada monthly. Mom often visitation would be in the country where you have status. Courts don't anticipate that a parent could file to Canada from Europe monthly.

 

[Bryanna]

You’re very clear, thank you so much.
I have two last questions regarding all this:

- If, by events beyond my control, I have to leave Canada before filling for divorce, can I procede with the divorce in my home country or I necessarily have to reside in Alberta for 1 year?

You have the option to file for divorce in the courts of your home country in Europe.... and then serve the summons on your estranged spouse in Canada.

The divorce proceedings would then be determined by the courts in your home country and not by the Alberta courts.

Wanting to remain in Canada for the purpose of filing for divorce (and you still haven't made any progress on it) might not be considered as a reason to allow you to enter Canada.

- Will I for sure be granted access to Canada to see my son once I obtain visitation rights? (Let’s say once a month for example)

Even if the court in Alberta allows you visitation rights, IRCC and CBSA are under no obligation to allow you to enter Canada to visit your son

 

[Buletruck]

Your lawyer can represent you in Canada if you leave or can’t return. Your presence during the divorce proceedings isn’t a requirement.