Help I dont know what to do
#16
Forum Regular
Joined: Mar 2006
Posts: 161
Re: Help I dont know what to do
Sorry to hear about this.
Your TWP is not affected. Even after a divorce, you are entitled to continue with the same employer until it expires.
If you are the principal applicant for PR there does not seem to be merit in withdrawing the application - just let it run. If your husband does not want to come to Canada then the visa office can be notified he is non-accompanying. He should know however that, in this situation, if he does not do medicals and provide police clearance and the application goes through then you will never be able to sponsor him later (probably the last thing on your mind right now, but he will need to provide a sworn statement to that effect, because it affects his rights).
If you are not the principal applicant for PR and your husband does not want to co-operate and leave the application in process, then it would make sense to file your own PR application (this would be with Arranged Employment if you needed a LMO for your work permit).
I do know that it is possible for you to file for divorce in Canada once you have been a temporary resident for 6 months. You can consult a Canadian lawyer who does Family Law applications for more information and to find out if it is better to do that or to go through the process in the Uk.
The biggest issue with the PR application is likely to be custody of the children - so this may be a reason to delay putting through the divorce, but if things do not settle down you still need to advise the authorities your husband will not be coming with.
Finally, keep smiling - this too will pass.
Your TWP is not affected. Even after a divorce, you are entitled to continue with the same employer until it expires.
If you are the principal applicant for PR there does not seem to be merit in withdrawing the application - just let it run. If your husband does not want to come to Canada then the visa office can be notified he is non-accompanying. He should know however that, in this situation, if he does not do medicals and provide police clearance and the application goes through then you will never be able to sponsor him later (probably the last thing on your mind right now, but he will need to provide a sworn statement to that effect, because it affects his rights).
If you are not the principal applicant for PR and your husband does not want to co-operate and leave the application in process, then it would make sense to file your own PR application (this would be with Arranged Employment if you needed a LMO for your work permit).
I do know that it is possible for you to file for divorce in Canada once you have been a temporary resident for 6 months. You can consult a Canadian lawyer who does Family Law applications for more information and to find out if it is better to do that or to go through the process in the Uk.
The biggest issue with the PR application is likely to be custody of the children - so this may be a reason to delay putting through the divorce, but if things do not settle down you still need to advise the authorities your husband will not be coming with.
Finally, keep smiling - this too will pass.
Last edited by Ron Liberman; Oct 21st 2008 at 4:20 pm.
#17
BE Forum Addict
Joined: Feb 2005
Posts: 1,533
Re: Help I dont know what to do
help dont know what to do------
i moved to canada in may on a work permit and have applied for PR. my husband has still been working in Scotland. I flew home to surprise him with my 2 kids on Saturday to get a bigger suprise. he no longer wants to live in Canada and our marriage is over. i have to fly back on Saturday but i dont know if i can stay in Canada. has any one been in a similar position and had to move back or is it possible to stay as a single parent. any advice would be great as i am gutted this has happened.
i moved to canada in may on a work permit and have applied for PR. my husband has still been working in Scotland. I flew home to surprise him with my 2 kids on Saturday to get a bigger suprise. he no longer wants to live in Canada and our marriage is over. i have to fly back on Saturday but i dont know if i can stay in Canada. has any one been in a similar position and had to move back or is it possible to stay as a single parent. any advice would be great as i am gutted this has happened.
You said in your post that you went with your kids? But you do not say whether they are yours with this husband or yours from a previous relationship. I'm only asking as it may make a difference in what say he has for them being in Canada. Best case scenario is that they are Yours and their dad had already given you and hubby permission to remove them from UK????
Otherwise he could still have a say in them going at all? Are you the principle applicant or is he....all of this does have a bearing on what you do and how you do it.
What a ghastly situation to find yourself in....my heart goes out to you. Good luck whatever you do decide to do
lol
Stef
#18
Re: Help I dont know what to do
help dont know what to do------
i moved to canada in may on a work permit and have applied for PR. my husband has still been working in Scotland. I flew home to surprise him with my 2 kids on Saturday to get a bigger suprise. he no longer wants to live in Canada and our marriage is over. i have to fly back on Saturday but i dont know if i can stay in Canada. has any one been in a similar position and had to move back or is it possible to stay as a single parent. any advice would be great as i am gutted this has happened.
i moved to canada in may on a work permit and have applied for PR. my husband has still been working in Scotland. I flew home to surprise him with my 2 kids on Saturday to get a bigger suprise. he no longer wants to live in Canada and our marriage is over. i have to fly back on Saturday but i dont know if i can stay in Canada. has any one been in a similar position and had to move back or is it possible to stay as a single parent. any advice would be great as i am gutted this has happened.
I'm so sorry to hear your news, what an awful shock it must have been.
The only problem I can anticipate about your staying in Canada with the children, is your husband objecting to you taking them so far from him. Whatever you decide I hope it works out for you. If you do decide to stay, I'm sure you are more than capable of making a go of it! I think the steps you have already taken on your own are enormous and I think you are really brave for going for it in the first place.
Take care,
TracyS
#19
Re: Help I dont know what to do
thanks for your replies.
my husband says he will sign the documents to let the kids live with me in Canada.
i am the main applicant. i am still in shock. i will return to NS on Saturday and try my hardest to maintain my life there.
you guys have been a great comfort to me.
thank you
my husband says he will sign the documents to let the kids live with me in Canada.
i am the main applicant. i am still in shock. i will return to NS on Saturday and try my hardest to maintain my life there.
you guys have been a great comfort to me.
thank you
#20
Re: Help I dont know what to do
thanks for your replies.
my husband says he will sign the documents to let the kids live with me in Canada.
i am the main applicant. i am still in shock. i will return to NS on Saturday and try my hardest to maintain my life there.
you guys have been a great comfort to me.
thank you
my husband says he will sign the documents to let the kids live with me in Canada.
i am the main applicant. i am still in shock. i will return to NS on Saturday and try my hardest to maintain my life there.
you guys have been a great comfort to me.
thank you
#21
Re: Help I dont know what to do
thanks for your replies.
my husband says he will sign the documents to let the kids live with me in Canada.
i am the main applicant. i am still in shock. i will return to NS on Saturday and try my hardest to maintain my life there.
you guys have been a great comfort to me.
thank you
my husband says he will sign the documents to let the kids live with me in Canada.
i am the main applicant. i am still in shock. i will return to NS on Saturday and try my hardest to maintain my life there.
you guys have been a great comfort to me.
thank you
At least he isn't going to make it hard for you to stay in Canada. He could have been difficult about it. I don't suppose that's much comfort to you at the moment, but if you and the children are really happy and settled in NS it's good that you are not going to have to fight him to let the children stay there.
Good Luck with everything, we are all thinking of you on here and hoping things work out for you.
TracyS x