conditional permanent residence obligations.

[newzonelife]

Hello,
I came to Canada as conditional permanent resident. My husband sponsored me. My husband who is in Alberta refused to keep me with him .He even refused to provide me financial support. I was very upset and went to Quebec alone. Here, in Quebec I planned to join some classes where they provide financial assistance (thats the reason i came here). Please tell me if CIC can deport me back as it says that I should stay with my husband for 2 years(which I am not) and states that he should provide me basic facilities for 3 years (which he wont). I am now running out of my savings.
please help me out. i am really stressed about my situation.

 

[scylla]

Yes - technically CIC can revoke your PR status and order you to leave Canada because you have left your husband and haven't met the 2 year conditional permanent residency requirement. However if your husband doesn't report this to CIC - they will probably never find out.

 

[kateg]

Scylla is right in that they probably won't find out. They may, however, either through actions by your husband, or by random audits. Should they do so, you run the risk of being found inadmissible and subject to a removal order. Your husband is responsible for you for three years - he could try to report you as committing fraud, should he want to avoid any consequences for him. There would be an investigation at that point.

You do have the option of seeking to have the condition lifted:

http://www.cic.gc.ca/English/resources/publications/family-sponsorship.asp

If you are a victim of abuse or neglect, you do not have to remain in an abusive situation. It does not matter whether the conditional permanent residence measure applies to you.

...

Neglect is failure to provide the necessaries of life, such as food, clothing, medical care or shelter, or any other omission which results in a risk of serious harm.

Conditional permanent residency is intended for cases where the spouse wants to stay in the relationship with you, but you do not want to stay with him. It does not apply to cases when the sponsored spouse (you) wants the relationship, but he refuses to.

You have two options. The first is to do nothing, and hope nothing bad happens. The second is to apply to have the condition lifted - being within the "undertaking" period, he is financially responsible to you. You are not required to stay in an abusive or neglectful relationship, so should you win an appeal, he would be required to support you. I do not know whether this would be directly, or whether it would mean that you would go on welfare and he would be liable for it.

The downside to an appeal is that if they determine that you committed fraud, you can still be deported. It's highly unlikely, particularly if you seek to have the provision lifted.

Practically speaking, in cases like this, they generally err on the side of caution - they really do not want women trapped in abusive or neglectful relationships, or out on the street homeless because their sponsor changed their mind.

I would strongly suggest reading the link above, and considering giving them a call and talking to them. You can likely ask questions without giving your name.

 

[newzonelife]

Thanks a lot Scylla and kateg.

 

[Leon]

There have been people who have managed to prove abuse / neglect and there have been others where immigration decided that it was a normal relationship breakdown. Do you have proof of abuse? Proof that he told you to leave? Because he could say that he wanted you to stay and you decided to leave him.

If you start taking social assistance, your husband will at some point be notified as your sponsor and asked to pay it back.

If your husband reports you to CIC for having left him, they will investigate you and you could lose your PR if they find that he did not abuse or neglect you. If he doesn't report you, the condition will be removed automatically after you have been a PR for two years.

 

[kateg]

I agree with all of Leon's points.