withdraw application

[Diy]

Hi Friends!

I am new to this forum. My ex-husband applied as principal applicant and added me and our son as dependent in his application but recently we got divorced and i dont want to continue imigration with him.can anyone guide me how to withdraw my and my son's name from the application?and how long will it take to get the notification of withdrawl if current ECAS is "in Process" ?

 

[Jit]

It is main applicants duty to inform current status of any change in current any situation. It is compulsory to inform visa office for your divorced.

 

[Diy]

BUt how can i go forward if main applicant is not ready to ruin his case n is not willing to report any change to cic or visa office?? its getting so confusing for me.

 

[Leon]

It will not ruin his case unless he was counting on your points. In any case, it is his duty to report that he is divorced. It would be misrepresentation if he does not and he can lose his PR if they find out.

 

[sunnytwin]

Diy,

Very sorry to hear of your confusion.

As pointed out by Jit & Leon, Principal Applicant [ex-husband] MUST inform CIC of ANY changes in personal circumstances, and this includes marriage status. Since it is PA's responsibility, and NOT YOURS, you should put this concern aside and move on with life.

Remember, you are not at fault so no point worrying.

Best of luck in your future.

 

[Diy]

thanks for your reply, unfortunately my ex is couting on my points and for this reason he is not willing to withdraw and wants to continue with the same status. but i want to withdraw bcz it will complicate my case as in future i want to apply independtly for myself and want to sponsor my child. plz advice.

 

[Leon]

It will not hurt your case if you get a PR visa and let it expire and apply again. Are you legally divorced or just separated?

 

[Zaibi]

One solution can be,

Talk to your ex-husband and tell him that you want to withdraw. If he does not agree then you can write to CIC with file no. that you guys are divorced and you want to withdraw your name from this application.
Your x-spouse may go nuts on this so better talk to him first and then proceed. All the best

 

[Diy]

yes Leon , we r legally divorced but i dnt think that it will b wise to get PR n then waste time in waiting for its expiry. further the divorce and the PR dates will reveal to cic about the cheating on our part n that i dont want.

thanks zaibi fr understnding my situation n for suggestion. i can think of this option. but stil need to know the proceedure to withdraw my name from his application as i am not the principal applicant. and i also need to know how long does it take to withdraw and can i apply independelntly soon after it?

 

[Leon]

You can apply independently even now. There is no law against having 2 applications running. If you are legally divorced, your husband must let them know that he is divorced because if he doesn't he is guilty of misrepresentation. If he ever tries to sponsor another spouse and immigration finds out that he was really divorced at the time he landed, it can cost him his PR. As for you, it is not really your problem. Yes, if you got the PR through his application and used that PR visa, you would be guilty of misrepresentation too but that is not your plan so you have nothing to worry about.

If you really want to let them know yourself, you can do it. Just contact the visa office with the file number if you know it or at least your name and date of birth as well as your husbands and send them the divorce papers and state that you are divorced so you want to remove your name from the application. You can not remove your sons name from the application if that is also your husbands son. He is required to list him but you can ask that they change his status to not-accompanying based on you having custody of him. There is another issue with your son and that is that if you have joint custody and your husband loses his application, he can stand in your way of immigrating to Canada with him yourself. For one parent to immigrate with a child, they must have full custody.

 

[Diy]

thanks v much Leon for the useful information that two applications can go parallel even if first one has not been withdrawn. does it imply that i can apply for PR independently without waiting for the withdrawl notification to me from cic in response to my withdrawal application? i have the full custody of the child and i appreciate the information u gave me about custody that i require to mention in my withdrawal application.

 

[Leon]

Yes, you can apply yourself right now even without withdrawing your name from your husbands application or without waiting for your withdrawal to be verified.

 

[Zaibi]

Dear DIY,

I know your feelings, but you should not worry. Everything is going to be fine at the end of the day. Trust me.

 

[Diy]

Thanks very much Leon and thanks to you too zaibi. Your suggestions have made many things clear to me about how to proceed.
Wish me good luck. I am going to take the first step soon.