Divorce four months after landing

[TMAK]

Hi,

I need some suggestions. I sponsored my husband from Pakistan. His family and him treated me like crap but everyone kept telling me that things will change when he came here. He landed in June and found a job three weeks after landing. He lived with me for 3.5 months and did not help out financially at all. He kept sending all his money back home to his mother. We had constant fights because of that. Then one day I read his messages on whatsapp telling his sister that he was going to end this marriage. I told him to get out of my house since he was ending the marriage anyways. I felt bad immediately and tried to sort things out but he disappeared. I have no idea where he is living. He refused to return my phone calls or messages. He doesn't want a divorce and wants me to take it but at the same time he doesn't want to live with me or sort things out. I reported him to Canadian Immigration services for fraud and they gave me a case number but I have heard nothing since then. Now he is telling my parents that he will sign papers for divorce only if I agree to not take any step against him. Is there anything I can do to get him deported?

Tehmina

 

[zardoz]

You have done all that you can by reporting him. You are stuck with the sponsorship support obligation for three years even if you divorce.

 

[ajarupan]

Hi There TMAK,

When did you sponsor your husband? There is a new policy. You have all the rights to send him back to Pakistan if your sponsored him after October 25, 2012.

Google 'Marriage fraud sponsoring' you will see the first link on the CIC Canadian website.


Hope everything goes fine. Cheers. Good luck!

 

[zardoz]

If you look at the left hand side of the post, you can see her published timeline. Her application predates the legislation change.

 

[jomz]

I am very sorry to hear you have gone through all the process and that this has happened. fortunately he is working so maybe he will not try to obtain social assistance for which you would be responsible, and i think that because you applied prior to the new law they will not be able to deport him or take any action against him. http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

 

[olinadposadas]

As of October 25, 2012, CIC has amended the Immigration and Refugee Protection Regulations.

There is now what you call a Backgrounder - Conditional Permanent Resident Status.

Just because your husband received his Permanent Status because you petitioned him that doesn't mean he can keep his status as soon as he arrives in Canada. This change is being put through for a few reason and one of the reason for this new change is to protect the sponsors.

Spouse who has been a less than two years of relationship with no children in common, the sponsored spouse MUST cohabit in a legitimate relationship with their sponsor for two years from the day they received their Permanent Resident Status. If they do not remain in the relationship, the sponsored spouse's status could be revoked.

You may want CIC to look into this for you sooner rather than later if you think that your relationship with your husband has come to an end. If you don't you need to know that if the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown.

Case:
One of the partners enters the relationship in good faith, while the other is using the relationship only to gain permanent status in Canada. This victimizes the sponsor


I am so sorry to hear what you are going through. Thoughts and prayers are with you.

 

[zardoz]

If you look at the left hand side of the post, you can see her published timeline. Her application predates the legislation change.

And again I have to point out the published timeline of the original poster. This new rule does NOT apply to this case. Her application was filed in July 2011. ???

 

[jomz]

As of October 25, 2012, CIC has amended the Immigration and Refugee Protection Regulations.

There is now what you call a Backgrounder - Conditional Permanent Resident Status.

Just because your husband received his Permanent Status because you petitioned him that doesn't mean he can keep his status as soon as he arrives in Canada. This change is being put through for a few reason and one of the reason for this new change is to protect the sponsors.

Spouse who has been a less than two years of relationship with no children in common, the sponsored spouse MUST cohabit in a legitimate relationship with their sponsor for two years from the day they received their Permanent Resident Status. If they do not remain in the relationship, the sponsored spouse's status could be revoked.

You may want CIC to look into this for you sooner rather than later if you think that your relationship with your husband has come to an end. If you don't you need to know that if the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown.

Case:
One of the partners enters the relationship in good faith, while the other is using the relationship only to gain permanent status in Canada. This victimizes the sponsor


I am so sorry to hear what you are going through. Thoughts and prayers are with you.

Sadly, this regulation doesn't apply as her application was submitted before the new law came into effect.

 

[truesmile]

You have all the rights to send him back to Pakistan if your sponsored him after October 25, 2012.

AND even it was "after", it is not the OP's "RIGHTS" to send him back, that right belongs to the CIC. "Fraud" is a difficult thing to prove, lest we forget . . . the OP "kicked him out"!

 

[mikeymyke]

Hi,

I need some suggestions. I sponsored my husband from Pakistan. His family and him treated me like crap but everyone kept telling me that things will change when he came here. He landed in June and found a job three weeks after landing. He lived with me for 3.5 months and did not help out financially at all. He kept sending all his money back home to his mother. We had constant fights because of that. Then one day I read his messages on whatsapp telling his sister that he was going to end this marriage. I told him to get out of my house since he was ending the marriage anyways. I felt bad immediately and tried to sort things out but he disappeared. I have no idea where he is living. He refused to return my phone calls or messages. He doesn't want a divorce and wants me to take it but at the same time he doesn't want to live with me or sort things out. I reported him to Canadian Immigration services for fraud and they gave me a case number but I have heard nothing since then. Now he is telling my parents that he will sign papers for divorce only if I agree to not take any step against him. Is there anything I can do to get him deported?

Tehmina

Nobody ever "changes" after they come to Canada. If someone treats you badly the first time, especially your own husband, you should've taken that as a red flag, and ended the relationship before he landed. Someone who treats you badly the first time will always do it again and again. And unfortunately, he cannot be deported as your application was filed before Oct 2012. Now you guys can see why Islamabad has such a long processing time? It's because of dirtbags like him.

 

[charliem]

My sympathies.

Getting CIC to deport a spouse who vanishes upon landing is an extremely complicated process.

Give this a bit of time to see if he will have a change of heart, after which you may carry on with your life. You have notified CIC and that's a good thing (in case he tries to obtain social assistance)

 

[mikeymyke]

And on a side note, I doubt he will go on welfare, because the $ he gets from it will be way lower than if he was working min. wage, and he will realize that once he tries to go on welfare. He'll see that living in an expensive city like Toronto, going on welfare won't last him a week.

 

[wowsers]

Now he is telling my parents that he will sign papers for divorce only if I agree to not take any step against him. Is there anything I can do to get him deported?

Tehmina

You say nothing about your own financial circumstances; so this piece of advice may turn out to be unnecessary. Subject to that, dont be tempted to enter into the agreement he suggested to your parents: you may want sometime in the future to apply for an order that he provides you with maintenance. So far as I am aware there is no advantage from an immigration point of view in divorcing him now, since you are responsible for him for 3 years whether he remains married to you or not. So maintain the status quo until such time as you feel you really must end the marriage, in which case go to see a solicitor before you do anything.

 

[TMAK]

I did kick him out in anger. I was extremely depressed over the fact that even though he was earning he would never even pay for a $2.00 coffee at Tim hortons. I was paying for everything and he was sending money back to Pakistan or saving it (I don't know because I never saw a penny of his earnings). I tried to contact him a couple of hours after he left the house. I have messages saved where I have been begging him to at least talk and he is just threatening me to pay his bills before he would see me or about going on welfare. He was on a six month contract at his current job and he keeps threatening my parents telling them that he did not get hired full time because of me. My guess is that he is losing his job soon and therefore continues to threaten my parents with welfare. He had gone as far as to say how he was going to live in a homeless shelter and seek legal advise. He is still employed so living in a homeless shelter is out of the question. That was all a week after he left. He has been ignoring all my attempts to contact him ever since.

Too many red flags were raised when application was still under process. My family kept telling me that things will change and I did not revoke the sponsorship at that point due to them. I do have emails/messages from then too where we have had arguments over him hiding his married status from his colleagues and most friends in Pakistan. Even now many of his friends don't know that he was ever married. I also have screenshots of messages that he had sent his sister about how he was going to end this marriage soon. Those messages were sent the day before he disappeared (three months after he landed here).

Last night I sent an email to the MP asking him for assistance in this matter. This is clearly marriage fraud because if he had any intentions of making this marriage work he would have at least tried a little, even if it was a half hearted attempt. He did not try at all and as soon as he had a job for a couple of months he disappeared. He obviously had money stashed up somewhere that he was able to find accommodations for himself and now I hear he also has bought a car.

Has anyone heard of cases like this where such people do get deported or do I have to live with the fact now that I have helped a person like him not only get entry into Canada but get started on his new life here?

 

[TMAK]

You say nothing about your own financial circumstances; so this piece of advice may turn out to be unnecessary. Subject to that, dont be tempted to enter into the agreement he suggested to your parents: you may want sometime in the future to apply for an order that he provides you with maintenance. So far as I am aware there is no advantage from an immigration point of view in divorcing him now, since you are responsible for him for 3 years whether he remains married to you or not. So maintain the status quo until such time as you feel you really must end the marriage, in which case go to see a solicitor before you do anything.

I am financially well off. Not rich but I earn enough to live comfortably on.