Deport somebody from Canada as main applicant

[jenooo]

Hello

I am in Canada with an OWP visa now and my wife is a student and my visa is dependent on my wife. we have a problem with each other and last year I was pledging guilty ( conditional discharge) due to assault (summary)against her. she threat me now if I do not pay her tuition and the cost of living she will call the police and again make a problem for me since I am in probation time she put me in pressure. so because I don't want to leave Canada and just want to stay here I am paying all the cost. my question is that if I abandon her does she can make a problem for me at least till the end of my visa and does she can report to IRCC to deport me?

we will get divorced at the end and I don't want to pay her cost of living anymore since there is no point for me to stay with her. she is very naughty and I don't want to deal with police and court anymore but she abuses this condition against me.

would you please give me advice regarding my OWP status if I no longer support her? my OWP is around 2 years valid.

 

[scylla]

Hello

I am in Canada with an OWP visa now and my wife is a student and my visa is dependent on my wife. we have a problem with each other and last year I was pledging guilty ( conditional discharge) due to assault (summary)against her. she threat me now if I do not pay her tuition and the cost of living she will call the police and again make a problem for me since I am in probation time she put me in pressure. so because I don't want to leave Canada and just want to stay here I am paying all the cost. my question is that if I abandon her does she can make a problem for me at least till the end of my visa and does she can report to IRCC to deport me?

we will get divorced at the end and I don't want to pay her cost of living anymore since there is no point for me to stay with her. she is very naughty and I don't want to deal with police and court anymore but she abuses this condition against me.

would you please give me advice regarding my OWP status if I no longer support her? my OWP is around 2 years valid.

She cannot cancel your OWP. You are free to stay and work in Canada as long as your OWP is valid. If you leave her, your OWP will remain valid.

Due to the charges against you, you may have difficulty remaining in Canada after the OWP expires and/or applying for PR status. If you want to remain in Canada beyond the validity of your OWP, then I would recommend that you work with an immigration lawyer once that time comes.

You want to avoid any further charges. If there are further charges, this could create problems for your status in Canada. Also, make sure you meet all of the conditions of your probation.

 

[jenooo]

thanks for the reply, anybody can tell me that am I inadmissible in Canada because of conditional discharge assault s 266 summary offense. and should I apply for rehabilitation after 3 years? does it cause my PR application refused?

 

[co2020]

thanks for the reply, anybody can tell me that am I inadmissible in Canada because of conditional discharge assault s 266 summary offense. and should I apply for rehabilitation after 3 years? does it cause my PR application refused?

I don’t think anyone here would be in a good position to answer your question.

Your case is complicated. Not because of the OWP but because of the assault. Were you charged or did the police just come to your house and give you a warning?
Do you have a criminal record now or what?
If you have a criminal record it may also affect her PR.

And like the other person said it would be best you consult an immigration lawyer ASAP.

 

[We rise by lifting others]

Hello

I am in Canada with an OWP visa now and my wife is a student and my visa is dependent on my wife. we have a problem with each other and last year I was pledging guilty ( conditional discharge) due to assault (summary)against her. she threat me now if I do not pay her tuition and the cost of living she will call the police and again make a problem for me since I am in probation time she put me in pressure. so because I don't want to leave Canada and just want to stay here I am paying all the cost. my question is that if I abandon her does she can make a problem for me at least till the end of my visa and does she can report to IRCC to deport me?

we will get divorced at the end and I don't want to pay her cost of living anymore since there is no point for me to stay with her. she is very naughty and I don't want to deal with police and court anymore but she abuses this condition against me.

would you please give me advice regarding my OWP status if I no longer support her? my OWP is around 2 years valid.

It looks like the charges against you has not been proven yet or case is still court because

Offences under s. 266 [assault] are hybrid. If prosecuted by indictment, the maximum penalty is 5 years incarceration. If prosecuted by summary conviction, the maximum penalty is 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019). (source: http://criminalnotebook.ca/index.php/Common_Assault_(Offence) )

Advice: Try to cooperate with your wife and get the charges taken off/canceled so that you are not charged. Once you have no record, then proceed with your plans.

If charged, your every aspect of life will be affected for few years from job, PR, visiting other countries, etc. Try to be patient and bend with the conditions for your own good

 

[jenooo]

It looks like the charges against you has not been proven yet or case is still court because

Offences under s. 266 [assault] are hybrid. If prosecuted by indictment, the maximum penalty is 5 years incarceration. If prosecuted by summary conviction, the maximum penalty is 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019). (source: http://criminalnotebook.ca/index.php/Common_Assault_(Offence) )

Advice: Try to cooperate with your wife and get the charges taken off/canceled so that you are not charged. Once you have no record, then proceed with your plans.

If charged, your every aspect of life will be affected for few years from job, PR, visiting other countries, etc. Try to be patient and bend with the conditions for your own good

Thanks for your comment, I pledge guilty in court last year and I am on probation now ( 1 year). court order to attend behavioral class and I am doing it now and will be finished soon. I am not looking for any more trouble and just want to find a way to stay in Canada at most.
I am not sure I have a criminal record and how can I be sure there is a record for me now? is there any way I can check or apply with the police to be sure about my situation?

I found something in the below link that mentioned conditional discharge is not inadmissible in Canada but anyhow case by case is different.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[scylla]

Thanks for your comment, I pledge guilty in court last year and I am on probation now ( 1 year). court order to attend behavioral class and I am doing it now and will be finished soon. I am not looking for any more trouble and just want to find a way to stay in Canada at most.
I am not sure I have a criminal record and how can I be sure there is a record for me now? is there any way I can check or apply with the police to be sure about my situation?

I found something in the below link that mentioned conditional discharge is not inadmissible in Canada but anyhow case by case is different.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

You have a record now.

The police can't help you. This is an immigration matter.

Hire an immigration lawyer to assist you.

 

[We rise by lifting others]

Thanks for your comment, I pledge guilty in court last year and I am on probation now ( 1 year). court order to attend behavioral class and I am doing it now and will be finished soon. I am not looking for any more trouble and just want to find a way to stay in Canada at most.
I am not sure I have a criminal record and how can I be sure there is a record for me now? is there any way I can check or apply with the police to be sure about my situation?

I found something in the below link that mentioned conditional discharge is not inadmissible in Canada but anyhow case by case is different.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Sorry to hear that, You can order RCMP check. please read this link https://www.rcmp-grc.gc.ca/en/criminal-record-checks

While applying for permanent residency, you have to get the criminal record check from RCMP anyway.

If your fingerprints were taken then there is a good chance that your record will show up. Hire a layer to see if there is a way to take off the record and if it will affect your residency application

Are you still living with her?