Ex keeps pr. What can I do?

[Zangw]

I'm still married but was on process to get divorced, I landed April 30,2014. But my husband keeps the PR card from me, it was sent to his address, he wouldn't give it to me and says he could call immigration and cancel my pr, then I have to leave Canada, we were real marriage, we have baby together. I'm worried that my PR would because it shows on the confirmation of permanent residence paper that I have to live with him the continue 2 years. What can I do? Thanks

 

[Mbgirlfriend]

Is he a Canadian? Did he sponsor you as your husband/

 

[Mbgirlfriend]

I think him withholding your Card from you counts as a stolen card since it is your property.
This is on the Government of Canada Website.



"Replace or renew a permanent resident card
You can apply for another permanent resident card (PR card) if your card:

has expired or will soon expire,
has been lost or stolen, or
has been destroyed.
To replace a PR card, follow the same steps to apply for a permanent resident card. You will need to provide the same documents, including photographs, and pay the $50 fee.

If your card was lost, stolen or destroyed, contact the Call Centre to let us know. You will need to fill in Section G of the application form.

Please note we will only send PR cards to addresses within Canada. There is another process for permanent residents outside Canada without a PR card.

If there is a mistake on your PR card, you can apply for a reissued PR card."

 

[redgdon]

Your husband sounds like a *** and you're better off without him. Talk to your divorce attorney and get him to write a letter to his attorney.

 

[Mbgirlfriend]

Also I don't think the Canadian Government would make you stay in a relationship just to keep your PR so I wouldn't worry too much about the 2 year thing. If your husband is sponsoring you to Canada it would be more likely that he has to support you for 2 years even if you don't live with him. The fact that you have a child together should be prof enough that at the time you applied for PR you were in a real relationship.

What country are you from and is your husband a Permanent Resident or Citizen of Canada?

Where was your child born?

He isn't very nice at all if he is holding your PR card as some kind of punishment for you leaving him?

 

[Leon]

Do you have condition 51 on your COPR? You may have that if your husband sponsored you for PR, your application was received by immigration on or after Oct. 25th 2012 and you were not married for 2 or more years nor did you have children when you applied. If you have condition 51 on your COPR, you must co-habit with your husband for 2 years after landing as a PR. The only excuses for not doing that would if he abused you or neglected you. You can read about this here: http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp

As for the missing PR card, you should report to RCMP that it was stolen by your husband. Either they will help you get it back or you can use the report to apply for a replacement card. I am sure you will hear something about not living with him for the 2 years though and if you have acceptable reasons, you might not lose your PR because of it.

 

[Zangw]

Is he a Canadian? Did he sponsor you as your husband/

He is pr too. yes he did sponsor me as my husband. we've been married more than 2 years. he is threaten me say he can call immigration and cancel my pr.

 

[Zangw]

I think him withholding your Card from you counts as a stolen card since it is your property.
This is on the Government of Canada Website.



"Replace or renew a permanent resident card
You can apply for another permanent resident card (PR card) if your card:

has expired or will soon expire,
has been lost or stolen, or
has been destroyed.
To replace a PR card, follow the same steps to apply for a permanent resident card. You will need to provide the same documents, including photographs, and pay the $50 fee.

If your card was lost, stolen or destroyed, contact the Call Centre to let us know. You will need to fill in Section G of the application form.

Please note we will only send PR cards to addresses within Canada. There is another process for permanent residents outside Canada without a PR card.

If there is a mistake on your PR card, you can apply for a reissued PR card."

is the card has to sent to his place? because it says i have to live the continuos 2 years after i became PR.

 

[scylla]

Do you have condition 51 on your COPR? You may have that if your husband sponsored you for PR, your application was received by immigration on or after Oct. 25th 2012 and you were not married for 2 or more years nor did you have children when you applied. If you have condition 51 on your COPR, you must co-habit with your husband for 2 years after landing as a PR. The only excuses for not doing that would if he abused you or neglected you. You can read about this here: http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp

Based on the OP's first post ("because it shows on the confirmation of permanent residence paper that I have to live with him the continue 2 years") it does in fact sound like she has condition 51 on her CORP.

 

[Rob_TO]

he is threaten me say he can call immigration and cancel my pr.

He can't cancel your PR status.

However if you have condition 51 on your COPR, he can contact CIC and tell them your relationship has ended and you are no longer cohabiting. So you would be in violation of your conditional status.

CIC would then do an investigation first and you would have a chance to talk to them. Perhaps they would let you keep your PR status due to humanitarian & compassionate considerations, since you have a baby here. But there is no guarantee what the final result will be. At least though it's between you and CIC, not your ex-husband.

There is a clause in condition 51 that says you would not have your PR revoked in cases of abuse. So I would at least file a police report that he has stolen your PR card. While not abuse, a police report for theft shows that he is not a nice person and gets something on the official record, so perhaps CIC will be more lenient in your case.

 

[Zangw]

He can't cancel your PR status.

However if you have condition 51 on your COPR, he can contact CIC and tell them your relationship has ended and you are no longer cohabiting. So you would be in violation of your conditional status.

CIC would then do an investigation first and you would have a chance to talk to them. Perhaps they would let you keep your PR status due to humanitarian & compassionate considerations, since you have a baby here. But there is no guarantee what the final result will be. At least though it's between you and CIC, not your ex-husband.

There is a clause in condition 51 that says you would not have your PR revoked in cases of abuse. So I would at least file a police report that he has stolen your PR card. While not abuse, a police report for theft shows that he is not a nice person and gets something on the official record, so perhaps CIC will be more lenient in your case.

He told police that he doesn't have the card but he does have it, police said there is nothing to prove he has it so they didn't do anything. It is in condition 51, is there the possible just replace a new one? Does it has to be sent at his address or no?

 

[kriv]

He told police that he doesn't have the card but he does have it, police said there is nothing to prove he has it so they didn't do anything. It is in condition 51, is there the possible just replace a new one? Does it has to be sent at his address or no?

if you want to get a new card in case of stolen, damaged etc you can do it anytime and it will be mailed to the new address which ever you will provide in the application.

 

[Leon]

He told police that he doesn't have the card but he does have it, police said there is nothing to prove he has it so they didn't do anything. It is in condition 51, is there the possible just replace a new one? Does it has to be sent at his address or no?

Do you know for a fact that your husband has the card? Have you seen the card? If you have, you should get a police report stating that you came to them and reported it stolen. Use the police report to apply for a replacement card. If you never saw the card, it is possible that it never arrived and that your husband has only told you he has it in order to upset you. In that case, you can report to immigration that your card may have been lost or never arrived.

Has your husband abused you physically or emotionally and is that why you left? If that is the case, you should say that to immigration right away because they will surely find out at some point that you are no longer living with your husband and will ask about it.

 

[sharedknowledge]

Do you know for a fact that your husband has the card? Have you seen the card? If you have, you should get a police report stating that you came to them and reported it stolen. Use the police report to apply for a replacement card. If you never saw the card, it is possible that it never arrived and that your husband has only told you he has it in order to upset you. In that case, you can report to immigration that your card may have been lost or never arrived.

Has your husband abused you physically or emotionally and is that why you left? If that is the case, you should say that to immigration right away because they will surely find out at some point that you are no longer living with your husband and will ask about it.

I thought that the PR Card itself is not a big issue. It is required only when you are returning back to Canada from abroad. So, if the OP is living in Canada and continues to stay here, then she should be okay with COPR and other IDs.

After removal of Condition 51, she may apply for the lost card

Can she do this?

 

[Zangw]

Do you know for a fact that your husband has the card? Have you seen the card? If you have, you should get a police report stating that you came to them and reported it stolen. Use the police report to apply for a replacement card. If you never saw the card, it is possible that it never arrived and that your husband has only told you he has it in order to upset you. In that case, you can report to immigration that your card may have been lost or never arrived.

Has your husband abused you physically or emotionally and is that why you left? If that is the case, you should say that to immigration right away because they will surely find out at some point that you are no longer living with your husband and will ask about it.

Yes, my dad came to Canada visit and he showed my dad my pr card, but last time I called cop say he keeps my pr card he denied he has it. I'm in condition 51, and he doesn't pay me anything, he keeps my daughter away from me too. Actually he doesn't pay full tax for government, I don't know how to prove that truth to government, to ask him to leave canada