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Conditional PR - unneccessary? + psychological abuse.

I

immigrated325

Newbie
Oct 23, 2014
1
0
I recently became a PR of Canada but when I had my landing interview they gave me a conditional PR.
I was surprised because my husband and I had been in a relationship for almost 4 years and cohabiting for 2.5 years at the time of the interview.
We were only asked when we were married (1.5 years) and then based it on that.
I'm wondering if I shouldn't actually be under a conditional PR as we have been cohabiting for over 2 years and if there is a way for us to get that waived?

The reason I am asking is because my husband has for a long time been abusing me psychologically. He is always putting me down, invalidating my concerns and feelings and treating me very poorly. He is also an alcoholic. We have been trying to work on things but he is not putting in the effort to treat me better. He will probably file for divorce shortly we are very unhappy. Now I am aware that I can ask for an exception due to this but there are two things that worry me;

1. I don't want to go through the extra legal trouble and put the abuse on his record if we are able to get the conditional PR revoked as we had cohabited for more than 2 years.

2. Because it is psychological abuse, I can't really give much proof of his abuse as it was all spoken. I feel like it'd be a case of word against word. All I have is proof of him being abusive of alcohol.

Is there anything I can do? I've been here for 3 years and am happy here and would prefer not having to leave after I fought so hard to be here, now I have so many friends of my own that are so kind to me and that I trust and I love my job so much.

Thanks for any advice!
 
Even if you had applied as a common-law spouse, your first year of cohabitation is what defines you as common-law. Which would mean after 2.5 years, you will have been common-law also for only 1.5 years and not long enough to have had the condition waived. Sorry, I don't see that you have any grounds "not" to have the conditional PR.

Even if you had been cohabiting longer, you would have had to have filed a common-law sponsorship application instead.
 
Agreed. If you disageed with the "Condition 51" on your COPR, you should have raised it at or before you landed. You have accepted conditional PR and I don't believe that you have grounds to have it changed now. You therefore must rely on the exemptions available under abuse, if you can prove your case to CIC.
 
Based on the information you have provided Condition 51 was correctly applied to your case. It doesn't matter how long you lived together at the time of the interview. You must have been common law for a full 2 years at the time your application was submitted. You're not going to get the condition waived.
 
If you want to claim an exception to Condition 51 on grounds of abuse, you should start documenting everything. Record his verbal attacks. Or at least write them down in a journal, with dates and times. If you have very substantial documentation and recordings, you might be able to make a case for abuse.

If you don't want to go down that route, perhaps you and your husband can sit down and agree to give the marriage another try. Or agree to get divorced after the 2 years of your Condition 51.

As others have said, you don't have any grounds for getting Condition 51 lifted.
 
@immigrated325 In case you are not already aware of the exemptions, you should study http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp for the full details.
 
you guys r together from last 4 year,,but suddenly after getting PR u realized that he is alcoholic,,and he start abusing u suddenly he never done this in last 4 year..that's amazing,,,,i think these r the reason they start this conditional PR thing
 
MRS SAM said:
you guys r together from last 4 year,,but suddenly after getting PR u realized that he is alcoholic,,and he start abusing u suddenly he never done this in last 4 year..that's amazing,,,,i think these r the reason they start this conditional PR thing
Click to expand...

I thought the same
 
Divorce, leave Canada, then enter via skilled worker class. If the marriage is breaking down, there's no reason to live a lie and continue living a lie for the next 2 years to get PR.

In your case, Condition 51 still applies.
 
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