zardoz said:
It's all moot if there is no substantial evidence, preferably via an "official" complaint.
Given that the "abuse" exemption is likely to be heavily misused as a way of circumventing "Condition 51", it's going to be very closely scrutinized by CIC/CBSA. The onus of proof is going to be on the applicant...
Agreed.
Couples, especially couples in the midst of a marriage breakdown, fight and yell and scream, they tell the other spouse that they hate them/to go to hell/to leave or worse. Maybe OP's husband owns their home, in which case he has the legal right to tell her to leave, though as her sponsor, he must provide her with alternate accommodation. OP has said he uses the "threat" of contacting immigration to have her removed but then states right after that he has actually already contacted them; as the sponsor, it is his obligation to inform CIC that the marriage has broken down. OP's words "if I don't do things exactly the way he wants to, he threatens me to call the police..." could indicate possible psychological abuse but without evidence, it is "he said, she said".
I am not judging the OP, nor am I trying to minimize any possible abuse she may have suffered but as an outsider looking in, much of what OP has stated can be explained away in the context of a failing marriage. Without definitive evidence of actual physical or verbal abuse, it is doubtful that she will be able to circumvent Condition 51.
