My husband is an international student in canada and i have open work permit visa. My husband is having an affair to other internation student. I would like to know if there is any grounds for that. Im with my 2 kids living in his parents house and he’s living with his mistress in another place. Can I report him?
Adultery case
- Thread starter Teacherservice1
- Start date
No. This isn't India where you can have someone fined, arrested or threatened under arcane laws because they cheated. Permits aren't generally cancellable after they've been granted unless a crime has been committed - extramarital affairs are not a crime under the Criminal Code of Canada.
The only time this could be reported to immigration is under three concurrent conditions 1) your husband is a dependant on a PR or work permit application (e.g. sponsor class, a work permit), 2) the application is in process and a decision hasn't been made yet, and 3) you as the sponsor/principal applicant informed IRCC of a relationship breakdown. Only under those circumstances could a partner visa not potentially be granted. Under the sponsor class a visa can also be cancelled if you provide/IRCC believes that a relationship was a marriage of convenience. This is extraordinarily hard to prove.
Your only recourse is to seek financial compensation and custody of your children, potentially in your home country. You can also seek divorce if you meet the conditions outlined here: https://www.justice.gc.ca/eng/fl-df/divorce/app.html
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No, not in Canada. This isn't classified as a crime in Canada. He is free to live wherever he wants to. There is nothing to report.
It's not clear if you are in Canada or still in your home country. If you are in Canada, then you can file for divorce (if that's the path you want to take) once you have been separated from your husband for a year.
No its a free country you can sleep with whoever you like but in your case you can file a divorce here in Canada and seek compensation / children benefits.
Prenups don't mean anything when your circumstances change and you have kids. Those void any prior agreements, because laws generally are set in ways to ensure that the primary caretaker (usually the woman) has enough money to take care of the kids. A judge can overturn unreasonable prenups, or agreements that don't align to the circumstances of the relationship after the fact.
This is going to be a very, very expensive ordeal for the man - he may not go to jail, but he'll be in "financial prison" through alimonies for the rest of his life.
But we are not citizen here. We still dont have any status here in canada. i just wanted to know if i can report them to philippine embasy here so we can be deported because of their affair
I just told you that this isn't a crime in Canada. Try to read what we're telling you. You do have status here - wtf are you talking about? The fact you're ADMITTED to Canada as a worker/student is temporary status that gives you nearly all the same powerful privileges as Canadians and expectations you follow Canadian laws as Canadians are expected to.
This is not grounds for deportation. Your husband is free to remain in Canada. He has status in Canada as an international student. It does not matter that you are not citizens here. Canada's laws apply to you and adultery is not a crime here.
You can report whatever you want to the Philippines Embassy but this will not result in your husband being deported from Canada. The Philippines Embassy does not have the right to deport your husband.
Prenups do mean something. You can try to take them to court but the majority of people aren’t multimillionaires so it isn’t a huge issue for most. Whether you were married for a significant amount of time will also determine whether you have a good argument. For example if you have been a stay at home mother and married for 30 years then you have strong grounds for alimony for the rest of your life or a good settlement but if only married for a short amount of time then you can not expect alimony for a long period of time and child support that may not cover all your costs. For the majority of couples these days alimony and child support will still likely require you to return to work if not immediately very soon after getting divorced. These days fathers have partial or shared custody so that also impacts custody and alimony. Many women also make more than men so could be paying the father alimony and child support.