Advise Needed

[Shenoy]

Hi all


My Niece married for 2 years and her husband is an engineer by profession working for a multinational company in India( Both are leaving in India). My Niece was delivered a baby in June 2018. Within a month my niece received a divorce letter from her husband (no explanation and there are no serious issues between them). My niece is suspecting that her husband is applied for Canadian immigration (PR) 8 months ago expecting to get his visa any time.

I need an advice on behalf of my niece

a) Is there any way my niece can request CIC to place a hold on her husband's visa until divorce case settled in India.

b) In case if her husband landed here in Canada, How Canadian Law handles child support and divorce settlement in Canada?

 

[canuck78]

This is a public forum. Is your niece a citizen or PR? She would have to sponsor him? Did she? She can withdraw the sponsorship at anytime.

 

[scylla]

Hi all


My Niece married for 2 years and her husband is an engineer by profession working for a multinational company in India( Both are leaving in India). My Niece was delivered a baby in June 2018. Within a month my niece received a divorce letter from her husband (no explanation and there are no serious issues between them). My niece is suspecting that her husband is applied for Canadian immigration (PR) 8 months ago expecting to get his visa any time.

I need an advice on behalf of my niece

a) Is there any way my niece can request CIC to place a hold on her husband's visa until divorce case settled in India.

b) In case if her husband landed here in Canada, How Canadian Law handles child support and divorce settlement in Canada?

1) No - there isn't really.
2) She would need to engaged a family lawyer in Canada to assist her.

 

[scylla]

This is a public forum. Is your niece a citizen or PR? She would have to sponsor him? Did she? She can withdraw the sponsorship at anytime.

I don't believe the niece is a PR. I believe her husband has applied for PR and has now filed for divorce to avoid including her in the application.

 

[zardoz]

I don't believe the niece is a PR. I believe her husband has applied for PR and has now filed for divorce to avoid including her in the application.

Let's hope that he declared his child and that he isn't committing misrepresentation...

 

[Wonderland_1010]

Hi all


My Niece married for 2 years and her husband is an engineer by profession working for a multinational company in India( Both are leaving in India). My Niece was delivered a baby in June 2018. Within a month my niece received a divorce letter from her husband (no explanation and there are no serious issues between them). My niece is suspecting that her husband is applied for Canadian immigration (PR) 8 months ago expecting to get his visa any time.

I need an advice on behalf of my niece

a) Is there any way my niece can request CIC to place a hold on her husband's visa until divorce case settled in India.

b) In case if her husband landed here in Canada, How Canadian Law handles child support and divorce settlement in Canada?

1. If he had applied for PR before he sent the divorce papers, his status would be married at the time of applying. Now that he wants a divorce, he would need a legal document stating that he is divorcing. I'm assuming that your niece will have to sign some papers as well in order for the divorce to be legal. Canadian immigration will need this legal divorce papers before issuing his PR.

Unless your niece's husband decides to not mention his change of status and his new born child, then that would be misrepresentation which is 5 years banned from entry into Canada and his PR can be revoked and cancelled.

Do note that he has to include his child on the PR application and he will need your niece's consent in order to do that because the baby will have to do medicals.

So there are some hurdles that your niece's husband will face if he wants to avoid been charged with misrepresentation.

 

[Bryanna]

@Shenoy

Suspecting he has applied for PR is quite different from having definite proof that he has applied for PR.

Let's assume he applied for PR eight months ago. At that time, he would have have had to include your niece as part of the PR application (otherwise it would be misrepresentation) + she would need to do medicals, etc even if he had listed her as a non-accompanying family member. But, as she was pregnant for a large part of these eight months, she wouldn't have been able to do the medicals. So, he would not get a decision on his PR application.

IMO, the divorce probably has to do with the baby and not with a PR application. Truly sorry to say this. Some people are too narrow minded to accept a girl child. Did she have a baby girl?

 

[carolbb23]

@Shenoy

Suspecting he has applied for PR is quite different from having definite proof that he has applied for PR.

Let's assume he applied for PR eight months ago. At that time, he would have have had to include your niece as part of the PR application (otherwise it would be misrepresentation) + she would need to do medicals, etc even if he had listed her as a non-accompanying family member. But, as she was pregnant for a large part of these eight months, she wouldn't have been able to do the medicals. So, he would not get a decision on his PR application.

IMO, the divorce probably has to do with the baby and not with a PR application. Truly sorry to say this. Some people are too narrow minded to accept a girl child. Did she have a baby girl?

Unbeliveable my husband is portugese and my people are goan we do not care if we have boy or girl as long its healthy some people are narrow minded