Divorce after Landing...

[Me2013]

Hello everyone.

I've never thought I was going to ask this, but the situation is bad...
I don't want to get into details, as we have a saying back in my country: "Dirty laundry we wash at home".
I just want to know, if I separate from my sponsor, how likely is for me to get my PR revoked? Do CIC actually go after people trying to find out if they are still together? What if we move even to different cities? Would they look at my taxes and his and see we are not living together?

Thanks for any words.

 

[missmatalini]

So sorry to hear . . .

On CIC's website it says that you are legally required to live with your sponsor for at least 2 years as to avoid marriage fraud. I'm not too well versed in separation once landed. . . other than what CIC's website on the mandatory 2 years.

Hope things end up being brighter for you.

 

[taffy7]

What condition did you come land on , or when did you land .Some have to be with their sponsor for 2 years after they land some don't .If you have children together i believe you do not have condition 51 ,but honestly i am still new to this forum so hopefully one of the senior member will be able to help you out good luck.

 

[Ponga]

Yes, very sorry to hear about your situation.


If your relationship was less than 2 years old when you applied, and do not have common children, you likely have a conditional PR, which requires you and your spouse to remain together for 2 years AFTER THE DAY that you became PR:

Mississauga, October 26, 2012 — In an ongoing effort to deter people from using marriages of convenience to cheat their way into Canada, Citizenship and Immigration Canada (CIC) introduced a new regulation that requires certain sponsored spouses live in a legitimate relationship with their sponsor for two years or they risk losing their permanent resident status.
...
The new regulations apply to spouses or partners in a relationship of two years or less who have no children in common with their sponsor at the time they submit their sponsorship application. [So if you were together for 2 years, the following may not apply to you] The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship.

The regulations include an exception for sponsored spouses or partners suffering abuse or neglect. ... The exception would also apply in the event of the death of the sponsor.
...
The conditional measure is now in force, which means that it applies to permanent residents in relationships of two years or less, with no children in common, whose applications are received on or after October 25, 2012. "

More available at http://www.cic.gc.ca/english/department/media/releases/2012/2012-10-26.asp and http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26.asp

 

[taffy7]

Yes, very sorry to hear about your situation.


If your relationship was less than 2 years old when you applied, and do not have common children, you likely have a conditional PR, which requires you and your spouse to remain together for 2 years AFTER THE DAY that you became PR:

Mississauga, October 26, 2012 — In an ongoing effort to deter people from using marriages of convenience to cheat their way into Canada, Citizenship and Immigration Canada (CIC) introduced a new regulation that requires certain sponsored spouses live in a legitimate relationship with their sponsor for two years or they risk losing their permanent resident status.


...
The new regulations apply to spouses or partners in a relationship of two years or less who have no children in common with their sponsor at the time they submit their sponsorship application. [So if you were together for 2 years, the following may not apply to you] The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship.

The regulations include an exception for sponsored spouses or partners suffering abuse or neglect. ... The exception would also apply in the event of the death of the sponsor.
...
The conditional measure is now in force, which means that it applies to permanent residents in relationships of two years or less, with no children in common, whose applications are received on or after October 25, 2012. "

More available at http://www.cic.gc.ca/english/department/media/releases/2012/2012-10-26.asp and http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26.asp

Thanks Ponga i knew some one would pull through for this OP ...

 

[Ponga]

I just hope my information is correct!

 

[J.M.]

I am trying to look up what you must do, but so far I have nothing concrete. You will more than likely need an immigration lawyer. One key thing is, provided you are permitted to continue with the PR process, your sponsor is still financially responsible for you over the initial 3 years. So if you utilize any sort of government benefits, they will be required to reimburse the government. If I come up with any other information, I will post it. From my initial understanding, it is in your best interest to seek legal assistance to find out if you can waive the conditional PR requirements (If you are subject to them).

 

[keesio]

Me2013,
If you applied after October 26th, 2012, AND you have not been married/common-law for over 2 years when you applied AND have no children, then you are subject to Condition 51 as Ponga mentioned where you must remain with your spouse for a minimum of 2 years after landing. Otherwise you can lose your PR. The chances of this depends on your sponsor. If your sponsor wants to report you to CIC after you separate, then you will be at risk.

 

[canuck_in_uk]

If you applied after October 26th, 2013,

Correction, if a person applied on or after October 26th, 2012

 

[keesio]

Correction, if a person applied on or after October 26th, 2012

OOPS! Thanks for pointing this out! I will modify my post to fix this.

 

[Canadian_belle1]

You must also know that if you have suffered any abuse on behalf of your sponsor, you can report it to CIC and they may not revoke your PR status. Even if it is difficult, it may be important for you to tell your story so that you do not lose your life here in Canada.

I hope this is not the case for you, but if it is, you need to protect yourself and your PR status.

 

[J.M.]

The answer truly depends on whether you have full PR or conditional PR (Subject to Condition 51). If you are full PR, then there isn't an issue, but if you are a conditional permanent resident, then the circumstances of your divorce would have to qualify you for a waiver or exemption of Condition 51.


As for the CIC coming after you:

Enforcement and penalties
As a result of the introduction of conditional permanent residence, additional investigations may be undertaken in cases where there is reason to believe that the condition is not being met or has not been met. CIC plans to perform random assessments of the overall level of compliance on an ongoing basis.

The measure also provides another means for enforcement action in instances of marriage fraud, including issuing removal orders to fraudulent spouses on the basis of non-compliance. This could in turn lead to their removal from Canada.

(From CIC website)

Conditional permanent residents will not have to proactively apply to have the condition removed. CIC will automatically remove the condition after two years. However, CIC will be conducting investigations into whether conditional permanent residents have complied with the condition. Such investigations will either be the result ofinformation that CIC received or as part of a random audit. People subject to an investigation will have a positive onus to prove that they complied with the condition

From this website: canadianimmigrant.ca/immigrate/sponsorship-bar-and-conditional-permanent-residency-in-effect

If you are subject to Condition 51 and don't qualify for a waiver, you are taking a chance on not being one of the randomly audited persons. As long as you aren't audited and no one reports you, you could possibly make it to full PR status without meeting the requirement, but that isn't right.

 

[zardoz]

The OP should immediately check the COPR to find out if "Condition 51" has actually been applied. Some visa offices have made errors in this area.

 

[keesio]

The OP should immediately check the COPR to find out if "Condition 51" has actually been applied. Some visa offices have made errors in this area.

I thought the OP has not landed yet and was asking a hypothetical question

 

[canvis2006]

not just that, but you also won't be able to sponsor anyone to Canada (spouse) else for like 5 yrs time.

In this materialistic society/culture, it's sad that marriages don't work. Back in the days the people used to bear it all for lifetime.
These days they break up over little things or issues. It's truly sad.