Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Want to Cancel Sponsorship - How?
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Justin2014 Posts: 1
Posted On: 6/29/2014
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Hi, I've been married since 2012, however my wife does not live with me yet.
I live in Ontario and she lives in Brazil. Our marriage is not working out and I'd like to know how I can get a divorce.
Does she need to sign any papers? She has already received her PR for Canada, however she has not entered the country yet.
I also want to cancel the sponsorship and want to make sure she can still retain her visitor's visa (which she got before we met) since her father is here and I do not want her to lose it, once I apply to cancel the sponsorship.
Thank you in advance.
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Moderator Moderator Posts: 4142
Posted On: 7/9/2014
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Hello,
Thank you for sharing your situation with us.
Regarding your spouse's PR and your questions about retaining a visitor visa, it is best if you contact Citizenship and Immigration Canada (CIC) directly for information specific to your situation.
Regarding your questions about divorce, you can find some information in the Marriage and Divorce publication from the Family Law Education for Women website.
Here is an excerpt,
"Getting a divorce in Canada
There is one law about divorce for everyone in Canada. It is called the Divorce Act. No matter where you live in Canada, the law and the process of getting a divorce are the same.
You must apply for a divorce in family court. Either you or your spouse can file the application or both of you can file a joint application. Your application can ask for just a divorce, or it can ask the court to decide about custody, support and how to divide property. These are called claims for corollary relief.
When you apply for a divorce, you must show that your marriage has broken down. There are three ways to do this. The most common way is when you and your spouse have been living separate and apart for at least one year before you applied for a divorce. You can live “separate and apart” in the same house if you no longer behave as though you are married.
It is also possible to get a divorce if one of you has committed adultery or your spouse has been so physically or mentally cruel that you can no longer live together."
In terms of filing in Ontario, it does not matter if you were married in another province or country.
You can apply for divorce if you have been living in Ontario for at least one year.
Only one spouse must reside in the Province of Ontario for at least a year before the divorce is granted.
In your situation, we suggest that you speak to a lawyer regarding your situation if necessary. You can contact an Information and Referral Coordinator through the nearest Family Law Information Centre (FLIC). Information and Referral Coordinators are available at certain locations.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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PMM Posts: 661
Posted On: 7/9/2014
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HI
Just an aside, the OP should contact CIC by sending a withdrawal of sponsorship to both Mississauga and Sao Paola (if that the is the processing office)email
Case specific: https://dmp-portal.cic.gc.ca/enquiries-renseignements/case-cas-eng.aspx?mission=sao paulo
Note this has to be done before his spouse "lands"
PMM
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Moderator Moderator Posts: 4142
Posted On: 7/11/2014
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Thank you PMM for this valuable information.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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