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does her sponsorship for Canadian residency end?

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Anonymous Asked:

I sponsored my wife for Canadian residency last year. I am permanent resident. Things are not going well and we have a daughter.
Can we divorce in Egypt? If we divorce in Quebec, does her sponsorship for Canadian residency end? For daughter custody, do I have advantage since I am a permanent resident?
Thanks...

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Andrew Heft
5 years ago

If you sponsored your wife for Canadian residency based on a program where marriage is a condition then seeking or obtaining a divorce from her will definitely impact her ability to obtain citizenship. If you sponsored her under a program which did not require her to be your spouse then it will not.

Concerning custody, the Court will focus on establishing what is in the best interest of the child. The Court will evaluate the child’s global situation including the possibility that one of the parents might have to relocate to Egypt post-divorce. Canadian residency or citizenship is not a determining factor in custody cases. What is considered is where the child will live and which situation is in his or her best interest.

As for the possibility of obtaining a divorce in Egypt, I would recommend you communicate with an attorney from Egypt to determine if this is possible even though you and your spouse are currently living in Canada.

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