Staying with My Fiance during Separation from Ex

[maple5]

Hi all,

I'm seeking official separation from my husband and want to stay with my fiance in Canada after separation initiation. The Ontarian Law requires one-year separation before divorce can be proceeded. Should I apply for visitor visa, temporary resident permit, or permanent resident under humantarian and compassionate grounds? So I can live with my fiance and simultaneously wait one year and then get divorce. I have medical issues such as cancer and schizophrenia (mainly occasional hearing voices that doesn't affect my normal living).

Please don't judge as my ex-husband is mentally and financially abusive and controlling, and finding true love is a bliss. My husband threatened to call the police to take me to mental hospital just when I was a little bit hesitant on conventional breast cancer treatment. For example, my previous old surgeon said I need a mastectomy and my husband doesn't care about me and he would then agree. But I was reluctant and then later the old surgeon retired my cancer oncologist found me a new young surgeon who suggest a lumpectomy. Anyway, a lot of painful dark details from my husband...

I met my fiance in the hospital when in my darkest time.

Thank you for your help in advance.

 

[scylla]

Hi all,

I'm seeking official separation from my husband and want to stay with my fiance in Canada after separation initiation. The Ontarian Law requires one-year separation before divorce can be proceeded. Should I apply for visitor visa, temporary resident permit, or permanent resident under humantarian and compassionate grounds? So I can live with my fiance and simultaneously wait one year and then get divorce. I have medical issues such as cancer and schizophrenia (mainly occasional hearing voices that doesn't affect my normal living).

Please don't judge as my ex-husband is mentally and financially abusive and controlling, and finding true love is a bliss.

Thank you for your help in advance.

What is your status in Canada now?

Most likely the best option is to go for a visitor record. Once you and your fiance have lived together for a full year continuously, your fiance can sponsor you for PR through the common law stream even if your divorce hasn't been finalized.

H&C usually isn't a great option and also takes a very long time to process.

 

[canuck78]

Hi all,

I'm seeking official separation from my husband and want to stay with my fiance in Canada after separation initiation. The Ontarian Law requires one-year separation before divorce can be proceeded. Should I apply for visitor visa, temporary resident permit, or permanent resident under humantarian and compassionate grounds? So I can live with my fiance and simultaneously wait one year and then get divorce. I have medical issues such as cancer and schizophrenia (mainly occasional hearing voices that doesn't affect my normal living).

Please don't judge as my ex-husband is mentally and financially abusive and controlling, and finding true love is a bliss.

Thank you for your help in advance.

You will need to concern having access to healthcare to treat both your cancer and schizophrenia. What is your current status and when does it expire?

 

[scylla]

Thank you so much for your reply!

My current status is work permit associated with my ex-husband, which is under renewal and it will last until March next year. The old one expires today.

I'm also worried about the possible high monthly insurance fee once on visitor permit as I have pre-existing conditions. I don't know if I can go on OHIP or not?

On what basis did you renew your work permit? Do you know the renewal is going to be approved?

Assuming it's going to be approved, then you will be good until next March.

In order to get OHIP coverage, you need to have a job in Ontario that will last for a minimum of 6 months. You'll need to provide a letter from your employer to get coverage.

 

[canuck78]

Thank you so much for your reply!

My current status is work permit associated with my ex-husband, which is under renewal and it will last until March next year. The old one expires today.

I'm also worried about the possible high monthly insurance fee once on visitor permit as I have pre-existing conditions. I don't know if I can go on OHIP or not?

If you are separated from your husband you are no longer entitled to a WP extension based on his WP. When does your OHIP expire. Cancer care and your psychiatric care will not be covered under health insurance. Do you have access to healthcare in your home country?

 

[maple5]

On what basis did you renew your work permit? Do you know the renewal is going to be approved?

Assuming it's going to be approved, then you will be good until next March.

In order to get OHIP coverage, you need to have a job in Ontario that will last for a minimum of 6 months. You'll need to provide a letter from your employer to get coverage.

I haven't officially separated from my husband but I'm seeking legal help to initiate a separation as it is tricky that my finances are controlled by my husband and my Mom is visiting me so I can't sell the house to get money... I contacted several legal services - they said the best thing to do is to separate from my husband ASAP.

The work permit renewal is under my husband's study permit renewal. I came to Canada on my own study permit. For reasons why he's renewing my work permit, it might be he doesn't want to separate as he needs the house, which is bought by both his family and my family. Or he wants to further control my finance. I don't know if my master degree will help him immigrate more easily or not.

 

[maple5]

If you are separated from your husband you are no longer entitled to a WP extension based on his WP. When does your OHIP expire. Cancer care and your psychiatric care will not be covered under health insurance. Do you have access to healthcare in your home country?

Oh... Thanks for reminding me the health insurance part. I might need to contact them and decide.

 

[canuck78]

Oh... Thanks for reminding me the health insurance part. I might need to contact them and decide.

If you are already engaged to another person you may end up with issues later on if is discovered that you are engaged to another man while applying for a WP extension based on your husband's study permit. If for example your fiance sponsors you a timeline of your relationship with proof that you are in a genuine relationship will be required. When it comes to your home you may need to leave your home temporarily until the divorce is resolved if your husband refuses to leave. If your spouse is abusive you should not return to the family home alone or live with home after you have filed for divorce. Are you working full-time? In order to get your OHIP extended you'll need to show that you have a full-time job lasting over 6 months. The fact that you are engaged to another man creates misrepresentation issues when you are applying for a WP extension being in a genuine relationship/marriage. Would suggest consulting an immigration lawyer on top of the divorce lawyer.

 

[maple5]

If you are already engaged to another person you may end up with issues later on if is discovered that you are engaged to another man while applying for a WP extension based on your husband's study permit. If for example your fiance sponsors you a timeline of your relationship with proof that you are in a genuine relationship will be required. When it comes to your home you may need to leave your home temporarily until the divorce is resolved if your husband refuses to leave. If your spouse is abusive you should not return to the family home alone or live with home after you have filed for divorce. Are you working full-time? In order to get your OHIP extended you'll need to show that you have a full-time job lasting over 6 months. The fact that you are engaged to another man creates misrepresentation issues when you are applying for a WP extension being in a genuine relationship/marriage. Would suggest consulting an immigration lawyer on top of the divorce lawyer.

But my husband transferred my money away without permission and refused to give me back the money I gave him - it's so hard to get separation and divorce and leave. The attorney general Canada says his removing money without permission is a crime and suggest me talking to a lawyer.

I hope the immigration office of Canada can be liberal and just, as always, on deciding on cases.

 

[canuck78]

But my husband transferred my money away without permission and refused to give me back the money I gave him - it's so hard to get separation and divorce and leave. The attorney general Canada says his removing money without permission is a crime and suggest me talking to a lawyer.

I hope the immigration office of Canada can be liberal and just, as always, on deciding on cases.

You spoke to the AG about this situation? This isn't really something the AG deals with. This is something that can likely worked out in the divorce agreement. When you get married things get complicated when it comes to shared assets. If your lawyer feels like this can be considered a criminal theft then you should file a police report. There isn't much flexibility when it comes to declaring you are married yet in a serious relationship and married to another person. When it comes to immigration you need to be one or the other and it must remain consistent so if you are engaged to someone else and in a serious relationship yet applying for an extension based on your husband's status you are misrepresenting your relationship situation.. You need to be working with a divorce lawyer who can consult with an immigration lawyer so that your immigration status is considered in the context of your divorce.