Estranged husband investigated for misrepresentation & removal/deportation order

[Rich18]

Hi all
I find this site so helpful and would like some sound advice from someone who has actually been through a similar situation and the experienced users.

I got married 10 years ago after met husband in JA then sponsored him to Canada. It was only in 2012 when he applied for a visitor visa to return to see family in States/UK I found the reply letter that fingerprints disclosed he had a criminal record in another country as he had used an alias name with quite a serious offence. At this time I was pregnant and felt deceived and questioned the marriage: this was for convenience as he misrepresented on the sponsor form. Despite being pregnant I left the marital home and moved abroad. He has not seen our child for 4 years (most of his life)
Fast forward he now has another child and recently said CBSA has contacted him and he had an interview, they questioned the misrepresentation and he may be removed from Canada (still pending) I have moved on in a new relationship, we are separated and still married but I am confused what might happen as:

1) he has renewed his PR and it is in process, will CIC still issue this?

2) he wants to see our child but can he travel, if so can immigration refuse him entry @ the border?

3) he has now done over 10 years rehabilitation is he still inadmissible?

4) he now has another child and says he may have compassionate grounds to stay in Canada, is this true?

5) as i am still married to him will CIC contact me abroad to ask questions?

6) how can I get a divorce from abroad, we have been separated now for 5-6years is "marriage" now classed as void.

7) how long does CIC/CBSA take to make a final decision and what are the stages after interview

Thanks for your comments in advance

 

[Buletruck]

1. IRCC will stop I’ll stop processing his PR renewal until the investigation is complete.
2. Is he in Canada now? Nothing stopping him from leaving. He would need a PRTD to return if he doesn’t have a valid PR card or cross the border from the US.
3. If he’s found guilt of misrepresentation, he will loose his PR status and be inadmissible.
4. Hard to say. Misrepresentation is a criminal offence, up to and including jail time. Combine that and his past criminal history, he may have bigger issues.
5. Hard to say. Do they have your contact information?
6. Just file for divorce in your country of residence. If it’s legally recognized there, it’s recognized in Canada
7. Again, it all depends, but I would expect within a year.

 

[Rich18]

Hi thanks Buletruck

Yes, he is in Canada now but thinking to travel if and when gets PR renewed. I dont know why considering the situation.

I dont know if they have any contact info, he may have given it but said the interview questions were mainly directed at him and his current situation eg continuous work, clean record etc

I will file for divorce but its so expensive. I suppose he will get a decision before the end of this year. I do know he has appealed so this may have delayed the process.

 

[Rich18]

Hi

IRCC has NOT stopped processing his PR card they have renewed it, is this a good sign that he will not be further investigated?

 

[Rich18]

Actually he said it has been renewed for one year so guess thats answered my question.

 

[Alurra71]

A 1 year card is given to those people who are under investigation. If they complete the investigation and decide he can keep his PR he will get the standard 5 year card. If they decide to revoke his PR, he will be issued a departure order and then must return to his home country.

He is apparently very much under investigation if he only got a 1 year card.

 

[canuck78]

When you discovered his fraud did you report him? I would want CIC to know that I was unaware of his background and was not part of the misrepresentation/fraud.

 

[Rich18]

Thanks for your replies!

CANUCK78 When found out I did report, it was hard for me as we were expecting our child but I felt betrayed. However, it took CIC nearly 5 years to investigate but guess these things take time. The main reason we are in touch is solely for our child, he has a great step-dad but still has the right to see his biological father and he likewise. In the meantime i'll make enquiries to process the divorce and whether removed or not arrange for him to see our child.

Does anyone have an idea how long a decision will take, considering PR expires next year (will it be within the year) Although PR card determines travel POE not status?