scrivener said:
They may have the same rights and all, but not really. If your sponsor is the one that breaks up with you during the 2-year period, what are you supposed to do if you've been here and built friendships and a professional life? Why should you have to uproot your life again professionally and personally by having to move back? It's unfair and cruel to find yourself not only heartbroken, but also in a situation of deportation.
You have to remember, the whole point of someone sponsoring a spouse, is that the spouse is being sponsored to come live in Canada, so that they can live together in a loving and genuine marriage, NOT so the person being sponsored gets a backdoor route to immigration. That's why CIC will refuse applications if the primary reason for someone being sponsored is to immigrate to Canada and not because the spouse wants to live and be with their sponsor.
If someone really doesn't care about immigrating to Canada or not (which should be the case for everybody), and just wants to come here to be with their spouse, but the relationship breaks down, why continue to decide to remain in a country that you've only been in for a short time versus going back to your home country where you have been born and raised, have long time friends and family there, having lived there for two decades versus a few months to a year in Canada? That's why Condition 51 is for 2 years: after 2 years, the sponsored person will have long established Canada as their home and has contributed to our country, and shouldn't have to be sent back home
If the sponsor was the one who caused relationship to breakdown, that's not as near as devastating as your sponsor emotionally, physically, and mentally abusing you. Because of the severity of abuse, that's why they grant exception to those people, not just if the relationship breaks down.
As for people who don't want to lose their professional life and really want to stay in Canada, why not leave your sponsor and apply through economic streams to immigrate here? Is it not ironic that you're not abused, but you want to remain in Canada through your spouse (whom you dont want a relationship with anymore)? You're pretty much using your spouse as a back door route to enter Canada, despite not wanting anything to do with him (and NOT being abused). It's like you're saying "I'm sorry things aren't working out for us John, but thanks for getting me into Canada by the way".
Also look at what profiler says, if the sponsored person was the one who initiated breakup, why should the sponsor have to then support them for the next 3 years? If Condition 51 is gone, then definitely the sponsor will bear a significant finanicial risk, and the sponsored person will be in the driver's seat completely.
What if they can prove they can be financially responsible for the remaining time of the undertaking?
Even if they prove that by showing they're employed, that won't stop someone from getting financial assistance or welfare if their economic situation goes bad. It's like how parents cannot immigrate here if their health costs are too high. Someone can write a letter promising that they will bear all the costs of their parents' medical treatment, but that won't stop them from using the public health system, because that's their right to use our tax dollars. Just like it's the sponsored person's right to use financial assistance/welfare if they need it (once again, I keep saying Condition 51 PRs have the same rights as regular PRs), but unfortunately of course, it would be the sponsor who would have to pay those costs for the next 3 years. Again, you see here, the sponsor bears all the financial liability in a broken down relationship.
I feel like you're more concerned about a person's professional and social well being rather than a person's own safety, since you keep talking about how detrimental Condition 51 would be on someone's career and friends in Canada, rather than how Condition 51 can protect someone whose life is in danger.
