divorce issue

[amarinder]

My brother moved to Canada after marrying a permanent resident from there. He had got visa for 5 years. But after 10 months, both my brother and his wife have decided to separate and get divorced. They are already living separately . Does my brother faces any legal hurdle as he is yet to become a permanent resident of Canada and has separated from his wife who had sponsored him? They are living in winnipeg.

 

[Rob_TO]

My brother moved to Canada after marrying a permanent resident from there. He had got visa for 5 years. But after 10 months, both my brother and his wife have decided to separate and get divorced. They are already living separately . Does my brother faces any legal hurdle as he is yet to become a permanent resident of Canada and has separated from his wife who had sponsored him? They are living in winnipeg.

Is the application for his PR currently in progress? If yes, then the application needs to be cancelled immediately.

He does not have any right to apply for or get PR status under family class, and in fact it would be illegal, if he does not have a spouse anymore to sponsor him.

 

[Gogia]

if he were in country before new law kick in 25 oct. 2012. ..then he is fine...if he landed after that he is under 2 years condition..to be stay together...if not. ...then tell him...get his small back pack bag ready. ..with air ticket money...to go back to pavillion...

 

[Leon]

My brother moved to Canada after marrying a permanent resident from there. He had got visa for 5 years. But after 10 months, both my brother and his wife have decided to separate and get divorced. They are already living separately . Does my brother faces any legal hurdle as he is yet to become a permanent resident of Canada and has separated from his wife who had sponsored him? They are living in winnipeg.

When you say he got visa for 5 years, do you mean that he already got his PR? If he already got his PR, it depends on when they sent in the sponsorship application. If they applied for sponsorship before October 25th 2012 or they were married for 2 years before they applied or they had children before they applied, his PR is safe. If they applied having been married less than 2 years, had no children at the time and applied on or after October 25th 2012, he could lose his PR unless he has stayed with his wife for at least 2 years after getting PR.

 

[Rob_TO]

When you say he got visa for 5 years, do you mean that he already got his PR? If he already got his PR, it depends on when they sent in the sponsorship application. If they applied for sponsorship before October 25th 2012 or they were married for 2 years before they applied or they had children before they applied, his PR is safe. If they applied having been married less than 2 years, had no children at the time and applied on or after October 25th 2012, he could lose his PR unless he has stayed with his wife for at least 2 years after getting PR.

I think he means he has a 5-year visitor record, but is not yet a PR since he states " he is yet to become a permanent resident of Canada"

But OP does need to clarify.

 

[zardoz]

if he were in country before new law kick in 25 oct. 2012. ..then he is fine...if he landed after that he is under 2 years condition..to be stay together...if not. ...then tell him...get his small back pack bag ready. ..with air ticket money...to go back to pavillion...

You missed the point. He is not a PR yet. He no longer has an eligible sponsor, so his PR application is now invalid.

Update (07/02) : Now that the OP has clarified the situation, the above comment is no longer applicable.

 

[PMM]

Hi

You missed the point. He is not a PR yet. He no longer has an eligible sponsor, so his PR application is now invalid.

I think that the OP means his brother got a PR card and it is valid for 5 years (makes more sense) So it depends whether he has a condition 51 on his COPR.

 

[Leon]

amarinder has to explain his brothers status better. I have never heard of anyone getting a visitor record for 5 years so I tend to think that his brother already got his PR but is worried about his renewal.

 

[amarinder]

I got my facts a bot more clear. He had got his PR when he arrived in canada. And the PR is for 5 years. My doubt is after 5 years, what future does he have?

 

[Leon]

I got my facts a bot more clear. He had got his PR when he arrived in canada. And the PR is for 5 years. My doubt is after 5 years, what future does he have?

It depends on if he has the condition 51 on his COPR (landing documents). Condition 51 is a new rule set to battle marriage fraud. It started on October 25th 2012 and covers people who applied for spousal sponsorship after that time as long as they were not married for 2+ years or had children when they applied. A person who has condition 51 on their COPR can lose their PR unless they are with their spouse for 2 years after landing as a PR. It would say on his COPR if he is subject to condition 51 or not.