Canada Conditional PR Divorce Question

[paul8883]

I and am wondering if you can advise me.

I am a Canadian citizen. I used to live and teach English in Asia. My wife is from the Philippines. I married my wife in the Philippines September 2013 and we applied for her PR through spousal sponsorship. She arrived in August 2014, and we were very much in love. In fact, we still do love each other. However, the marriage is falling apart and doesn’t seem to be reconcilable. There is no abuse, we’re both faithful, but it just isn’t working anymore and we’re both unhappy. We do not have kids.

So, I understand that she has conditional PR. Our marriage is and never was a marriage of convenience. We married because we were in love and wanted to spend the rest of our lives together. Now we don’t feel that way anymore. Can we separate and she still retains PR? Will her PR be revoked if we separate and will she have to return to Philippines? I think she wants to stay in Canada. I am okay with having to support her for 3 years from the time she landed, even if we separate and then divorce a year from now. She has 2 jobs and is in the process of having her Nursing qualifications assessed by the Canadian nursing assessment body. She won’t be a burden on society, and Canada is lucky to have someone so hard working.

Please advise me if you can. Please don't tell me what I could have/should have done...instead only respond if you have insight into the current situation. Thank you very much for your time.

 

[Kysorb]

On her COPR is there a condition 51 ?

 

[Jamesdavid3]

This is the annoying process with Condition 51, normally if you split up then YES she has to go home

However, The Government or CIC will not know you have split up there is no way for them to track you both down and know you are not together, its impossible...unless they have put a tracking device implanted inside of you and know your thoughts..... if you are still inside of Canada. I guess if you both have an agreement to both support each other then there will be no issues. But don't go around telling everyone you have split up.

When leaving and Coming back into Canada the boarder control might ask her some questions but as long as she says that she is still together then there will not be any issues.

I am just being as realistic as possible here even though it might not be the best LEGAL act to follow and there is no reason you or her being sponsored should go home because of this.

 

[canadianwoman]

We don't really know how agressively CIC will be enforcing the condition yet because it is so new. Probably if no one complains, nothing will be done to deport anyone.

 

[PMM]

Hi

We don't really know how agressively CIC will be enforcing the condition yet because it is so new. Probably if no one complains, nothing will be done to deport anyone.

1. Those spouses with Conditional PRs can expect that at the end of the 2 year period that CIC will want to see evidence that they are still co-cohabiting, or whats the point of having the condition?

 

[Ponga]

This is the annoying process with Condition 51, normally if you split up then YES she has to go home

However, The Government or CIC will not know you have split up there is no way for them to track you both down and know you are not together, its impossible...unless they have put a tracking device implanted inside of you and know your thoughts..... if you are still inside of Canada. I guess if you both have an agreement to both support each other then there will be no issues. But don't go around telling everyone you have split up.

When leaving and Coming back into Canada the boarder control might ask her some questions but as long as she says that she is still together then there will not be any issues.

I am just being as realistic as possible here even though it might not be the best LEGAL act to follow and there is no reason you or her being sponsored should go home because of this.

Once again, you are dead wrong. CIC has been known to do random visits to SOME of those with Condition 51, to see if they are in fact LIVING TOGETHER. While it's true that we don't know how often they do it, THEY STILL DO IT!

 

[blueangel371115]

Once again, you are dead wrong. CIC has been known to do random visits to SOME of those with Condition 51, to see if they are in fact LIVING TOGETHER. While it's true that we don't know how often they do it, THEY STILL DO IT!

That would sense, otherwise it's completely ridiculous to even bother with the whole thing. I'm not so convinced that they don't check sites like this either ( not that I mind, I have nothing to hide) but also I imagine that they make more frequent visits to couples that they are suspicious of.

 

[canadianwoman]

They could wait for the sponsor to tell them his or her spouse has left. In general, it is the sponsor that will want the person to be kicked out of Canada, if he or she believes the spouse just used them and left them for no reason. It is the sponsor who is responsible for paying back any welfare the PR gets within 3 years of landing.
Or maybe CIC will check at random.

 

[Alurra71]

I and am wondering if you can advise me.

I am a Canadian citizen. I used to live and teach English in Asia. My wife is from the Philippines. I married my wife in the Philippines September 2013 and we applied for her PR through spousal sponsorship. She arrived in August 2014, and we were very much in love. In fact, we still do love each other. However, the marriage is falling apart and doesn't seem to be reconcilable. There is no abuse, we're both faithful, but it just isn't working anymore and we're both unhappy. We do not have kids.

So, I understand that she has conditional PR. Our marriage is and never was a marriage of convenience. We married because we were in love and wanted to spend the rest of our lives together. Now we don't feel that way anymore. Can we separate and she still retains PR? Will her PR be revoked if we separate and will she have to return to Philippines? I think she wants to stay in Canada. I am okay with having to support her for 3 years from the time she landed, even if we separate and then divorce a year from now. She has 2 jobs and is in the process of having her Nursing qualifications assessed by the Canadian nursing assessment body. She won't be a burden on society, and Canada is lucky to have someone so hard working.

Please advise me if you can. Please don't tell me what I could have/should have done...instead only respond if you have insight into the current situation. Thank you very much for your time.

The simple truth is, nobody really knows because it is all still relatively new. A few posts have been made about some with Condition 51 being deported back to their countries of origin, but those were due to MOC reasons, according to the posters.

Good luck with things.

 

[Jamesdavid3]

Once again, you are dead wrong. CIC has been known to do random visits to SOME of those with Condition 51, to see if they are in fact LIVING TOGETHER. While it's true that we don't know how often they do it, THEY STILL DO IT!

Once again you are spitting out facts you have no idea about, NOT 1 person has had a random visit yet because this procedure has not been in place for long. Not one person has said they have had a home visit or check up while on Condition 51 yet you are already stating they do this....

Until someone has been found out and had a visit or check up of some sort then we can start saying facts.

 

[Ponga]

Once again you are spitting out facts you have no idea about, NOT 1 person has had a random visit yet because this procedure has not been in place for long. Not one person has said they have had a home visit or check up while on Condition 51 yet you are already stating they do this....

Until someone has been found out and had a visit or check up of some sort then we can start saying facts.

http://www.cic.gc.ca/englisH/department/media/backgrounders/2012/2012-10-26a.asp

Read the section about enforcement and penalties, especially the part about RANDOM ASSESSMENTS. Don't you realize that this would include home visits? And, FYI, there was a person here (about a year ago) who said that they had one of these 'shock and knock' visits. The CIC person wanted to see if the couple was still living together and was asking to see things like clothing, mail, etc., but I guess your nievity is all that matters here.

 

[Jamesdavid3]

http://www.cic.gc.ca/englisH/department/media/backgrounders/2012/2012-10-26a.asp

Read the section about enforcement and penalties, especially the part about RANDOM ASSESSMENTS. Don't you realize that this would include home visits? And, FYI, there was a person here (about a year ago) who said that they had one of these 'shock and knock' visits. The CIC person wanted to see if the couple was still living together and was asking to see things like clothing, mail, etc., but I guess your nievity is all that matters here.

How it it possible to do home visits that the fact that you can MOVE anywhere with your Canadian partner and not inform the CIC once you have your PR...

How could they do a home visit when they have no idea where I live?

Once I get my PR card there will no longer be any contact to the CIC or Government anymore.

 

[Ponga]

How it it possible to do home visits that the fact that you can MOVE anywhere with your Canadian partner and not inform the CIC once you have your PR...

How could they do a home visit when they have no idea where I live?

Once I get my PR card there will no longer be any contact to the CIC or Government anymore.

You're right and everyone else is wrong. There's no way for CIC/CBSA to know your whereabouts after you land. Good luck with your own Conditional PR if/when you get it. I hope you're able to hide for two years.

NOT!

 

[Ponga]

@jamesdavid3

The only way to 'hide', would be for both of you to live off the grid. Maybe you two could work as buskers, or ask for spare change outside of a 7-Eleven.

If either one of you work after landing, your SIN number would certainly reveal your location. Don't you think that CIC could gain access to that info?

 

[handsup]

Oh wow intersting & informative topic and debate