Marriage is falling apart and I am dependent PR holder, will it affect my PR?

[Anita2205]

I got married in India last year and my spouse is a PR holder, I obtained dependent PR because of marriage. It has been a year we got married already. I moved to Canada this year and things are not going well between myself and my spouse. I completed almost 5months here in Canada. The relationship issues are becoming more serious everyday and I am unemployed, still looking for a job. This is affecting my mental health. When I discuss about this with my spouse to sort out the issues, my spouse says there is no interest to retain this relationship anymore. I would like to move out and live separately, when I informed my spouse, my spouse says that I am a dependent PR and I can’t move out and live separately and my spouse says he can revoke my PR. It is too difficult to live in the same space with serious relationship problems, I am unable to concentrate on preparing for interviews and it is also affecting my physical health and mental health. I am well educated and I am confident I can find a job. I don’t need any compensation or anything. All I need is peace of mind. I would like to stay in Canada and build my career. Please someone help me with my questions:

1. Can I start living separately from him ? I lived for 5months with my spouse in Canada so far, should I live with him for one year before moving out and live separately?
2. Will my PR be affected if I move out immediately as I am dependent PR holder ?
3. I would like to apply for mutual divorce, and should I complete one year of stay in Canada to take it ? Or can he initiate it from his end as he already living here from a long time?
4.Should I consult a lawyer before moving out?

I don’t want to create or mess up things with my spouse as my spouse has no intention to retain this relationship . At the same time I don’t want to break down and run back to my parents, I would like stand up for myself and work on my career.

Please do help me here.

 

[CanGoldDigger]

You are definitely being abused. You can find free legal help, just google it.

If you got your PR, you have no obligation towards your husband in terms of your PR.

 

[armoured]

1. Can I start living separately from him ? I lived for 5months with my spouse in Canada so far, should I live with him for one year before moving out and live separately?
2. Will my PR be affected if I move out immediately as I am dependent PR holder ?
3. I would like to apply for mutual divorce, and should I complete one year of stay in Canada to take it ? Or can he initiate it from his end as he already living here from a long time?
4.Should I consult a lawyer before moving out?

Your spouse can do nothing to affect your PR status, and cannot 'revoke' your PR status. Make sure you have a copy of your documents and ideally original of your PR card, and leave.

And my personal opinion is that if your spouse is threatening to use immigration status against you, you should leave soon and don't look back. He's garbage.

1. Yes. You can leave. No issues.
2. Will not be affected.
3. Generally in Canada you need to be separated for one year before getting a divorce.
4. It probably would be worthwhile seeing a lawyer before moving out but not critical. You would mainly want to discuss the divorce issues and steps to prepare. A lawyer can provide some advice about how to protect yourself legally. But they can do this after you leave and - in many cases now - by phone or video conference.

Now, you may occasionally hear that spouse-sponsors can complain to IRCC that the marriage was fake and/or they were deceived. IRCC does take such complaints and look into them. BUT it is quite rare that any action is taken unless there is clear documented evidence of a fake marriage - like emails saying "ha ha I got this guy with my fake marriage." They may also look more into ones where the new PR abandons the rleationship right away upon arrival in Canada. In this sense you staying in the relationship for five months is very much a strength. I say all this to reassure you that there is VERY little chance IRCC would act on your case (if your spouse were to attempt to do anything like 'report' you).

 

[canuck78]

You are definitely being abused. You can find free legal help, just google it.

If you got your PR, you have no obligation towards your husband in terms of your PR.

You are not guaranteed free legal advice just because you are a victim of abuse. You would need to see if you qualify for legal aid and if there is a wait list to access services.

 

[Copingwithlife]

You are definitely being abused. You can find free legal help, just google it.

If you got your PR, you have no obligation towards your husband in terms of your PR.

Usually that “ free “ legal help people mention is a 30 minute consultation. Legal aide is like a free for all . They determine if there limited resources should be used for a case such as this , or for other situations. And btw it’s not free . Funded by the Government, hence funded by the taxpayers

 

[Anita2205]

Your spouse can do nothing to affect your PR status, and cannot 'revoke' your PR status. Make sure you have a copy of your documents and ideally original of your PR card, and leave.

And my personal opinion is that if your spouse is threatening to use immigration status against you, you should leave soon and don't look back. He's garbage.

1. Yes. You can leave. No issues.
2. Will not be affected.
3. Generally in Canada you need to be separated for one year before getting a divorce.
4. It probably would be worthwhile seeing a lawyer before moving out but not critical. You would mainly want to discuss the divorce issues and steps to prepare. A lawyer can provide some advice about how to protect yourself legally. But they can do this after you leave and - in many cases now - by phone or video conference.

Now, you may occasionally hear that spouse-sponsors can complain to IRCC that the marriage was fake and/or they were deceived. IRCC does take such complaints and look into them. BUT it is quite rare that any action is taken unless there is clear documented evidence of a fake marriage - like emails saying "ha ha I got this guy with my fake marriage." They may also look more into ones where the new PR abandons the rleationship right away upon arrival in Canada. In this sense you staying in the relationship for five months is very much a strength. I say all this to reassure you that there is VERY little chance IRCC would act on your case (if your spouse were to attempt to do anything like 'report' you).

You are not guaranteed free legal advice just because you are a victim of abuse. You would need to see if you qualify for legal aid and if there is a wait list to access services.

You are not guaranteed free legal advice just because you are a victim of abuse. You would need to see if you qualify for legal aid and if there is a wait list to access services.

I totally agree it is an abuse and I am hesitant to report it because this may affect his career and there is a high chance he may get deported too. I don’t want to take any kind of actions on him which would affect him for lifetime. All I want is to end it peacefully. So the legal aid you are suggesting is mainly to seek legal advice with regards to the divorce or to move out from his place ?

 

[armoured]

I totally agree it is an abuse and I am hesitant to report it because this may affect his career and there is a high chance he may get deported too. I don’t want to take any kind of actions on him which would affect him for lifetime. All I want is to end it peacefully. So the legal aid you are suggesting is mainly to seek legal advice with regards to the divorce or to move out from his place ?

There is no 'too' there - your PR status is independent of his, period. If he has issues because of his behaviour - that's his problem and own't affect you.

That said:
-This legal aid issue has taken on a life of its own. If you can afford to see a lawyer, see one - at least a consultation may be worth paying out of pocket for.
-Since there is abuse going on, you want to protect yourself, legally and physically. Most lawyers can suggest on the first, various other organizations (eg women at risk) can assist with others. Most I think would say isolating yourself from your husband increases your safety.
-I think most lawyers would note that it should be pretty clear, in circumstances, that your spouse has more at risk from an immigration, employment and criminal perspective than you do - that is, an abuse allegation is a serious matter. Whether you choose to communicate with authorities on that is something you should discuss with a lawyer. It can be a strong stick to ensure your spouse leaves you alone.
-Your legal counsel can suggest whether to pursue financial support - but you can decide you would prefer to be rid of him and not do so.

Again there is very little risk to your immigration status.

 

[canuck78]

I totally agree it is an abuse and I am hesitant to report it because this may affect his career and there is a high chance he may get deported too. I don’t want to take any kind of actions on him which would affect him for lifetime. All I want is to end it peacefully. So the legal aid you are suggesting is mainly to seek legal advice with regards to the divorce or to move out from his place ?

You are legally able to leave when you want but would suggest seeing if local police can accompany you to get your belongings since actively leaving a domestic violence situation is often the riskiest time for someone trying to leave. You should be prepared to pay for your own legal advice since it can be very difficult to access legal aid and don’t know if they even take on separations/divorces. Sadly many women’s shelters also full so would be best if you have the ability to find your own accommodations. You do not need to file for divorce right away so could save up funds for the process. Would suggest documenting your abuse in case you do need proof of a history of abuse in the future.

 

[Anita2205]

You are legally able to leave when you want but would suggest seeing if local police can accompany you to get your belongings since actively leaving a domestic violence situation is often the riskiest time for someone trying to leave. You should be prepared to pay for your own legal advice since it can be very difficult to access legal aid and don’t know if they even take on separations/divorces. Sadly many women’s shelters also full so would be best if you have the ability to find your own accommodations. You do not need to file for divorce right away so could save up funds for the process. Would suggest documenting your abuse in case you do need proof of a history of abuse in the future.

How can I document the abuse that’s going on with me ? Should I consult and inform the lawyer what is going between us ?

 

[armoured]

How can I document the abuse that’s going on with me ? Should I consult and inform the lawyer what is going between us ?

Obviously if any 'documents' (evidence) of things being done are useful.

But also simply notes that you make in a regular fashion can be extremely useful, i.e. keep a diary or journal of things he does/says that are abusive, make sure to note date and time. If you speak to other people (friends, family) of things that happen, also make note of date and time of those discussions.

Not sure I understand your second question, but if you have concerns about your safety and how to legally protect yourself (to extent possible), by all means tell the lawyer too.

 

[canuck78]

How can I document the abuse that’s going on with me ? Should I consult and inform the lawyer what is going between us ?

Photos, saving text messages/voice notes, etc. in addition to other suggestions.

 

[Anita2205]

Photos, saving text messages/voice notes, etc. in addition to other suggestions.

most of the time it is verbal abuse, twice he abused me physically , sometimes over call but how can I document these things?.

when he physically abused me last time I called the police but he snatched my phone and switched it off, he got scared and immediately he asked me to leave to India and booked our flight tickets , I denied to travel with as he did not give me the right reasons for our immediate travel, once he said we are going for mutual divorce in India , when I said we will take divorce here in Canada, he stared giving other reasons to take me to India and dump with his parents. I explained my issues with his parents but they advised me to tolerate his actions because I am a girl. So I denied travelling with him to India, then he started blackmailing that I am under his PR and I am his responsibility, so I should travel with him. When I disagreed, he made one his friends who is a girl call me , that girl also scared me saying that if I don’t travel with him, he would need to inform police , and police will come, police pick me up and put me in a shelter , also he won’t be able to cross the Canada border if I don’t travel along with him. She scared me with a set of lies. Luckily I had a friend who is married and a PR holder too, when I checked with him, he confirmed that there is no such thing at all . So luckily I stayed back.

He made me write a consent letter before he left Canada stating that I am responsible for my accommodation, health, groceries and expenditures, included my dad in CC and emailed too.

For instance say, we get divorced in India, can I still fly back to Canada as I am dependent PR ? Can he revoke my PR by any chance once we get divorced in India ?

 

[Anita2205]

You are legally able to leave when you want but would suggest seeing if local police can accompany you to get your belongings since actively leaving a domestic violence situation is often the riskiest time for someone trying to leave. You should be prepared to pay for your own legal advice since it can be very difficult to access legal aid and don’t know if they even take on separations/divorces. Sadly many women’s shelters also full so would be best if you have the ability to find your own accommodations. You do not need to file for divorce right away so could save up funds for the process. Would suggest documenting your abuse in case you do need proof of a history of abuse in the future.

Thanks for the information. Any idea how much would it cost for consultation with a lawyer per consultation ? I believe, in my situation I should consult a family lawyer. Also if there is any suggestions for a reasonably priced lawyer or the firm it would really help.

 

[Anita2205]

Usually that “ free “ legal help people mention is a 30 minute consultation. Legal aide is like a free for all . They determine if there limited resources should be used for a case such as this , or for other situations. And btw it’s not free . Funded by the Government, hence funded by the taxpayers

Is there a website or something to apply for it, how can I access legal aid ?

 

[scylla]

Is there a website or something to apply for it, how can I access legal aid ?

There's no central website for all of Canada. Google your city name + legal aid and see what pops up. Or let us know where you live.