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| Subject: Spouse to follow the principle applicant |
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Hello,
If the principle applicant gets canadian immigration with his spouse then is it possible for the principle applicant to enter Canada without spouse or common law partner.What might happen if the spouse is pregnant and gives a birth to child in home country, her immigration visa is expired and in the meantime principle applicant while being in Canada and spouse while being in home country get divorced? What problems of settlement the principle applicant can face in this regard.Keen to know about this situation as it is a case with a friend of mine.
[23-11-2005,11:46]
[***.109.76.93]
Rasheed Ahmed |
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(in reply to: Spouse to follow the principle applicant)
Better he takes consultation. Looks like he having major problems in life
[23-11-2005,13:02]
[**.95.6.93]
zzzzz |
(in reply to: Spouse to follow the principle applicant)
Do you have any link to consult in this regard?
[23-11-2005,13:27]
[***.109.76.93]
Rasheed Ahmed |
(in reply to: Spouse to follow the principle applicant)
-Principle applicant can enter a head of spouse.
-Spouse is pregnant, CIC should have been notified of the pregnancy and possibly due dates to make changes in the application before BOTH PR visas were issues. If the wife became pregnant after the PR status was granted, but before arriving in Canada then there was no need to tell CIC.
-If the pregnancy was not for the current legal spouse and the visa has expired then the current spouse who is seeking the divorce has no issue
-If the child was for the current soon to be former husband, then he will have to apply for his child PR papers if he wants to have his child with him in Canada.
-Principle applicant will not face any problems from what I can see. CIC does not usually go back and re-open cases after a decision has been made. A lot of what CIC does looks at the intention of the person when they applied, therefore CIC uses locked in dates.
I would also suggest that your friend contact CIC.
[23-11-2005,14:25]
[***.246.61.1]
Katrina |
Reply to Katrina (in reply to: Spouse to follow the principle applicant)
Hello,
Thanks for your response. I must explain the situation a little bit in more detail. The guy applied a family immigration with his spouse and just 1 month before medical examination his wife became pregnant. They both were medically examined successfully and still few months are left in delivery. CIC issued them the visa. On account of severe differences between both of them the guy intends to move alone to Canada and wants to have complete separation from his wife. Now think about a situation that after few months a child will be born in his home country. Now if they get divorced then of course he can afterwords sponsor his child but what about his own settlement in life afterwords if he wants to marry again to somebody else. Will the Canadian authorities accept his second wife while having his x-wife on his immigration file that never came to Canada with him and was divorced in the home Country after getting the immigration visa.
[23-11-2005,14:54]
[***.109.76.93]
Rasheed Ahmed |
(in reply to: Spouse to follow the principle applicant)
The only problem he will have is if his wife was pregnant before his PR was issued and CIC was not informed. Your friend can argue that his former spouse was to have followed him, but because the marriage broke down did not take PR in Canada. He can ask for H&C consideration as he has no legal will and power to force her to come to Canada before her papers expired so that his child could be born here.
It appears that before his former wife´s visa was to have a expired she was not well along in her pregnancy and would have been able to travel to Canada freely.
He will not have any problems in sponsoring a second spouse, once his divorced has been finalized. He will have to contact CIC to find out if wife actions has an negative effect on his PR status.
[23-11-2005,16:15]
[***.246.61.1]
Katrina |
Reply to Katrina (in reply to: Spouse to follow the principle applicant)
Hello,
Thank you very much for a further reply. CIC was already informed about the pregnancy of his wife and they had no objection on it. I think if he simply moves to Canada without his wife and takes PR, waits for the expiry of the immigration visa of his wife, coducts a divorce after the expiry of her immigration visa and afterwords files a sponssorship for his child then every thing will be OK for him. I think that CIC has no concern with an expected divorce that might or might not be conducted as untill the expiry of her immigration visa they will be officially husband and wife. CIC will believe on papers which will clearly reflect that divorce is conducted after the expiry of her immigration visa. In this case if he marries again and wants to sponsor his second wife CIC might not argue that you were granted immigration with another wife.
[24-11-2005,08:31]
[***.109.76.93]
Rasheed Ahmed |
Expecting a reply from Katrina (in reply to: Spouse to follow the principle applicant)
Hello Katrina,
[28-11-2005,07:50]
[***.109.76.93]
Rasheed Ahmed |
Expecting a reply from Katrina (in reply to: Spouse to follow the principle applicant) (in reply to: Spouse to follow the principle applicant)
Hello Katrina,
I would like to have comments on my reply sent to you on 24-11-2005,08:31. What do you think about my understanding of the matter?
[28-11-2005,07:52]
[***.109.76.93]
Rasheed Ahmed |
