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You need to apply to a court for a divorce.

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

-You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.

-Your marriage has broken down.

-You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application. (See the exception to this rule for certain non-residents who married in Canada)

Exception to Residency Requirements

As a general rule, only Canadian residents can divorce in Canada. If neither you nor your spouse lives in Canada, you cannot get a divorce under Canada's Divorce Act. But you may be able to end your marriage under the Civil Marriage Act if you meet BOTH of the following criteria:

-You married in Canada; and

-You cannot undo your marriage in the country where you or your spouse lives because that country does not recognize your Canadian marriage.

To undo your marriage under the Civil Marriage Act, you would need to apply to a Superior Court in the province or territory where you married. A lawyer in that province or territory may be able to advise you on what you need to do. You may also be able to get information from a Superior Court or from the Department of Justice or Attorney General in the applicable province.

A process under the Civil Marriages Act only ends the marriage. You would need to resolve other issues such as child support and spousal support under the laws of the country where you live.

1. Can I ask my friend to courier our PR cards to my home country through DHL courier?

2. Can we report to Public health authority about our short stay and postponing medical surveillance?

3.Do I need to inform about medical surveillance delay to immigration officer while retuning to home country after shot stay?

5.49. What happens if the conjugal partner (principal applicant) is married to another person?

Persons who are married to third parties can be considered conjugal partners provided their marriage has broken down and they have lived separate and apart from their spouse for long enough to establish a conjugal relationship with another person. In this case, they must have separated from the legally married spouse and established a conjugal relationship with the conjugal partner and been in that relationship for at least one year. A conjugal relationship cannot be legally established where one or both parties continue in a conjugal relationship with their spouse.

Establishing a conjugal relationship takes a period of time; it is expected that the date from which the conjugal relationship exists will be some reasonable time after separation from the legally married spouse has occurred. Although a couple in a conjugal partner relationship might have known one another while one or both was still with their legally married spouse, they could not be in a conjugal relationship until there was a separation from the legally married spouse and the new conjugal relationship established. See also What happens if a common-law partner (principal applicant) is married to another person, Section 5.38 above.

The conjugal partner must satisfy an officer that they are separated from and no longer cohabiting with the legal spouse. Evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a conjugal partner relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).

In the above circumstances, the legal spouse of the principal applicant will not be examined and therefore is not a member of the family class. This spouse cannot subsequently be sponsored by the principal applicant [see R117(9)(d)].

Foreign Workers and Their Families

-You have a work permit that is valid for at least 6 months. You also have a formal agreement to work full-time for an employer in Ontario. The agreement states the employer's name, your occupation, and states that you will be working for at least 6 consecutive months.
-You have a valid work permit under the federal Live-In Caregiver program.
-You hold a valid work permit under the federal Seasonal Agricultural Worker Program.
-You are a foreign clergy member who will serve a religious congregation in Ontario for at least 6 months.
-Your spouse or same-sex partner is a foreign worker who is eligible for OHIP.
-You are the dependent child of a foreign worker who is eligible for OHIP.