Divorce while on Super Visa

[Pheonix84]

Hello,

My mother is here in Canada on Super Visa. Is it possible for her to file for Divorce here in Canada? Or does she need to go back to India to file for the Divorce?
She has been living in Dubai without my father for the past 10 years ( My father has been living in India). She will now be staying here in Canada with me for 2 years on her Super Visa.
I need to apply for a PR for her when the PGP option becomes available, without including my father's application. I was wondering if she can file for Divorce here in Canada and based on that, can I apply for PR for her and exclude spousal information citing the Divorce papers filed?

Thank you.

 

[Canadienne_91]

Hello,

My mother is here in Canada on Super Visa. Is it possible for her to file for Divorce here in Canada? Or does she need to go back to India to file for the Divorce?
She has been living in Dubai without my father for the past 10 years ( My father has been living in India). She will now be staying here in Canada with me for 2 years on her Super Visa.
I need to apply for a PR for her when the PGP option becomes available, without including my father's application. I was wondering if she can file for Divorce here in Canada and based on that, can I apply for PR for her and exclude spousal information citing the Divorce papers filed?

Thank you.

In order to file divorce papers in Canada, a couple must be separated for at least one year. In other words, they need to live in different households for at least one year before filing for divorce.

In your case, your mom has been living in Dubai for 10 years and based on what you’re describing, I’m going to assume she hasn’t been back to India in the past 10 years to be with your father. If that’s the case, then she can get a lawyer and send your father the divorce papers.

 

[canuck_in_uk]

Hello,

My mother is here in Canada on Super Visa. Is it possible for her to file for Divorce here in Canada? Or does she need to go back to India to file for the Divorce?
She has been living in Dubai without my father for the past 10 years ( My father has been living in India). She will now be staying here in Canada with me for 2 years on her Super Visa.
I need to apply for a PR for her when the PGP option becomes available, without including my father's application. I was wondering if she can file for Divorce here in Canada and based on that, can I apply for PR for her and exclude spousal information citing the Divorce papers filed?

Thank you.

There is a residency requirement. She must be in Canada for at least one year before she can apply for a divorce here.

Given the 10 year separation, she can apply as legally separated and shouldn't have any issues excluding her husband.

 

[canuck78]

She could also just start the divorce process in India now,