Don't know where to turn to

[Abandoned]

Discovered my husband of 20 years was having a 14 month affair. He has since packed up, abandoned his two Canadian born school-going children and myself, to live with this other woman and her children. They have hired a top Bay Street Immigration lawyer and he flew home to the UK, presumably to await approval of his application to Canada. He has lived here in Canada illegally for 20+ years. I presume he has been less than truthful in his application and has failed to disclose about the family he has walked out on. Nobody from Immigration has been in touch with me to verify his details. How do I go about finding out if he has made a fraudulent application by not giving details about the family he walked out on and is failing to support. He has a number of health issues that I'm sure he will not have disclosed either, alcoholism, bouts of gout because of his excessive drinking. When I approached him about financial support he declared that he has no job because he is in constant agony with his back. I'm sure Immigration would be interested to hear that, particularly if he has passed a medical that says otherwise! What are my options, suggestions welcome.

 

[scylla]

I'm very sorry to hear about your experience.

There's actually no reason why immigration would contact you about his application since you are no longer together. And based on the information you provided, there is nothing stopping him from immigrating to Canada. I assume he is being sponsored by the other woman.

His medical problems won't be an issue - people being sponsored through family class are exempt from being denied due to medical issues. He will still pass the medical even with the problems you have listed. His illegal overstay in Canada won't be an issue either provided he is honest about this history in his immigration application. His divorce from you won't be a problem either - again, provided he mentioned these details in his application (if he's working with a good lawyer then that lawyer would have told him to be 100% truthful about everything in his application). If he was facing any criminal charges in Canada - this could be an issue for his immigration application. However being behind on support payments alone isn't enough to prevent him from immigrating.

Again - I'm sorry about your experiences. I think the best thing you can do is hire a good family lawyer who can assist you in addressing the support payment problem once your ex is back in Canada. From an immigration perspective - I don't see anything that will prevent him from coming to Canada.

 

[Ponga]

I'm so sorry to hear about this devastating chapter in your life.

The good news (if that's even possible for you right now), is that he probably cannot be sponsored by his new [insert whatever word(s) best describe her here], because he is:

1) Still married to you and therefore cannot marry her.

or

2) Has not lived with her for 1 full year (uninterrupted) to be deemed common-law with her...or has he?

IF he has in fact been living with her for 1 full year AND can prove that his marriage to you has broken down (because you would have been separated from him for that 1 full year), he probably could claim to be her common-law partner and could be sponsored.

And...even though he has financial obligations to you and your minor children, I don't know if that would prevent him from being sponsored. It would prevent a person from being able to sponsor someone, but since he would be the applicant...I don't know if that would prevent him from being approved. I suppose if you were able to find out what he stated on his application and could then prove that he lied, he could be found to have misrepresented himself, which CIC seems to take very seriously, but...how would you even be able to see his application in the first place?

Lastly, even those medical conditions that you have mentioned would NOT prevent him from being sponsored, because the excess demand is not applied for a spousal sponsorship applicant.


Good luck to you and your children.

 

[scylla]

1) Still married to you and therefore cannot marry her.

They are already divorced.

 

[Ponga]

They are already divorced.

How do you know that? How would anyone know that based on the OP's thread?!

Maybe you're psychic! ;D

 

[Abandoned]

Thank you so very much for your replies.
We are not divorced, he literally just walked out on us. Himself and his affair partner moved into a rental property however he was living a double life behind our backs. So although they are together for 2 years, there is an overlap of 14 months when he was deceiving us. He tried to persuade our children that him and I were separated for 6 years, a complete lie. I am assuming this is what he has told immigration.
He claims he cannot pay any support because he has no work but this too is a lie. How can immigration take him at his word, particularly when there are children he has quite literally abandoned, surely he has to give details regarding his dependents.

 

[Lammawitch]

Abandoned, I've sent you a PM about the non-immigration issues you are facing.