Short background story : I married my Korean ex-wife on may 2018 and started processing a inland PR application in june 2018. After living together a few months, we had so many issues together and I was unable to reason with her so I decided to cancel the PR application on september 2018 by calling IRCC. Just as I canceled out the application, she got granted a OWP (it was literally one day apart, should have called earlier but i disgress). She left Canada on november 2018 at the "expiration" of the visitor visa (she didn't know she got granted a OWP). She came back in january 2019 and forcing entry in my house so after trying to reason with her, I called the police to expell her. Since then, I filed for divorce in Canada and somehow, she was taken care by the YWCA center in Montreal. Got the official divorce papers on december 2019 but had to pay alimony until she leave. I believe she is still here in Montreal, Canada today.
On the divorce papers, the judge wrote there will be no given end date for alimony to let her regularize her immigration status (it was before COVID-19). He thought it's a matter of weeks/months to regularize her status or to leave. However, with the pandemic putting a spanner in the gears, she stayed longer than expected. When her OWP expired on october 2020, I called the CSBA report line to tell them she is overstaying but I didn't know what happened as it's confidential.
I asked my lawyer to send a letter to inquire about the whereabouts as the divorce judgement mention she has 10 days upon hearing any update on her immigration or her plans. on december 2020, an immigration lawyer she hired sent a reply telling she made a application with IRCC and she can stay in Canada on implied status.
Now, I know her passport expired on april 5th 2021 and I was under the impression that any ETa or visa get cancelled when the passport expired and that she has to submit a new application to be able to stay. Given the current situation, the only possibility is for her to return to Korea and wait until Canada reopen for tourists before she can apply for a new ETA.
She has no relatives in Canada, no useful work experience, she is deaf. She has zero possibilities when it come to immigration beside finding a new sponsor for a new spousal PR application (remember I canceled it and never signed any sponsorship agreement).
However, I have no news and I have some questions about the current situation...
- Am I correct that when the passport expired while staying in Canada, all the visas she applied under the expired passport is now all canceled and that she must submit a new application for a visa or ETA ?
-How does the implied statut get affected by the passport expiration (does it get canceled or implied status stay until a decision is rendered) ?
If I'm right, the correct thing is to ask my lawyer to go ahead and file a new motion in court based on the lack of valid immigration statut to cancel alimony. Beside this, I'd like to report her to the immigration authorities for overstaying and get her expelled.
On the divorce papers, the judge wrote there will be no given end date for alimony to let her regularize her immigration status (it was before COVID-19). He thought it's a matter of weeks/months to regularize her status or to leave. However, with the pandemic putting a spanner in the gears, she stayed longer than expected. When her OWP expired on october 2020, I called the CSBA report line to tell them she is overstaying but I didn't know what happened as it's confidential.
I asked my lawyer to send a letter to inquire about the whereabouts as the divorce judgement mention she has 10 days upon hearing any update on her immigration or her plans. on december 2020, an immigration lawyer she hired sent a reply telling she made a application with IRCC and she can stay in Canada on implied status.
Now, I know her passport expired on april 5th 2021 and I was under the impression that any ETa or visa get cancelled when the passport expired and that she has to submit a new application to be able to stay. Given the current situation, the only possibility is for her to return to Korea and wait until Canada reopen for tourists before she can apply for a new ETA.
She has no relatives in Canada, no useful work experience, she is deaf. She has zero possibilities when it come to immigration beside finding a new sponsor for a new spousal PR application (remember I canceled it and never signed any sponsorship agreement).
However, I have no news and I have some questions about the current situation...
- Am I correct that when the passport expired while staying in Canada, all the visas she applied under the expired passport is now all canceled and that she must submit a new application for a visa or ETA ?
-How does the implied statut get affected by the passport expiration (does it get canceled or implied status stay until a decision is rendered) ?
If I'm right, the correct thing is to ask my lawyer to go ahead and file a new motion in court based on the lack of valid immigration statut to cancel alimony. Beside this, I'd like to report her to the immigration authorities for overstaying and get her expelled.
