A good case worth to share about "must cohabit for 2 yrs after landing"

[tarina]

A best friend of mine sponsored her dear husband year 2007,police record(NBI record shows the same name with a convicted person) caused their PR app(her and his) delayed. Visa was issued September 2012, she then flew to the Philippines for a vacation and brought her husband back in Canada in January 2013, after 3 weeks of living together, the husband left her (she is 2 months preggy, which hurts me a lot as a friend). I advised her to report it to the immigration. Fraud Marriage was filed. Immigration investigates, after 4 months she was called in to immigration office in Ottawa. The officer told her that it is not a fraud marriage instead it was a marital issues, the husband somehow manage to turn the table around and get away with it. He told the immigration that my friend is having an affair with a friend (girl) which is a lie, the girl is also a very good friend of mine (they both living together and share the rent). The immigration did not even interview the girl whose name was dragged in the case. The case is closed, the officer told her upront!

Most of the times we are confused on how to interpret the immigration law.

 

[SenoritaBella]

Wow! So sorry about your friend. Unfortunately, in this case the "must cohabit for 2 yrs after landing" does not apply. She applied to sponsor him in 2007, so the rules then did not need them to cohabit for 2 years.
Only applications filed on or after October 25, 2012 where the couple has been in a relationship for less than 2 years and have no children together are subject to the cohabiting requirement.

If they were together 5 years, an officer is less inclined to believe it was a marriage of convenience. The best thing she can do is take good care of herself and the baby and hope that he does not go on welfare. If he is working, she can try to work something out where he supports the baby too or she can file for child support.

 

[tarina]

The grounds against her case is marital issues, officer explained to her. The husband promised the officer that he is willing to go counselling to get her back, which is never happened. he also promised the officer to support the child and again it never happened. My friend stayed so strong for the baby and she moved on her life, not wanting any support from him.

 

[truesmile]

. . . Unfortunately, in this case the "must cohabit for 2 yrs after landing" does not apply. She applied to sponsor him in 2007, so the rules then did not need them to cohabit for 2 years. Only applications filed on or after October 25, 2012 where the couple has been in a relationship for less than 2 years and have no children together are subject to the cohabiting requirement.

Yup! Even with the "new" rules, I suspect that getting your "ex" deported will certainly not be a slam-dunk.

 

[tarina]

Yup! Even with the "new" rules, I suspect that getting your "ex" deported will certainly not be a slam-dunk.

@true smile...That's what im trying to imply.