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Ex-Wife (sponsor) wants me out of Canada

Pontianak

Star Member
Jun 7, 2016
54
1
So I have a problem that I need some assistance with.

After I landed in Canada on a non-conditional PR, my relationship with my Wife sponser started to get rocky (from my point of view anyway) about 4-5 months after landing. I didn't want the divorce, she did and this whole thing has been extremly emotionally distressing to me. We wanted to try and split amicably however, for the sake of our 2 year old son, and I felt it best that our son be raised in Canada with me here so that he would have access to both parents easily.

During the seperation, my then wife expressed extreme disastifaction that the divorce process would take a year, but said she had figured out a way to "take care of it" and not to worry about it. I was not at risk of any sort of deportation. Oh the lies... in my emotionally screwed up state, I signed the agreement that basicly said that our legal seperation was Jan of 2015, 6 months before even our son was born. This is what was used to get the divorce granted quickly apparently, and I hadn't had an attorney look it over before signing it. This means that my application, which was applied with no ill intentions is now potentially screwed up since we applied in 2016. To make matters worse, when the divorce went through in Dec2017, she freaking remarried Jan 2018. She is now going ballestic with extremly toxic eMails, saying what "I've" done is a grave offense, and that I'm going to be deported. She also claims because I'm in Canada, she can't sponsor her new partner (who is from the Phillipians) because I'm in Canada on her sponsorship. She says I'm acting selfishly, using her to get Canadian PR. (This ignores we were trying to immigrate her for 2ish years to the United States first) She is demanding that I voluntarily give up my PR status and take the (minor?) penalty, and if I want to be a Canadian PR, I have to do it on my own. Her new spouse is trying to get a Student Visa at this time.

Please help, I'm terrified right now, and attorneys I've called have been all sorts of inconsistent. I realize now just how badly manipulated I've been.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
You don't need to give up your PR status, it's entirely up to you.

If she files a complaint to IRCC that you got PR status illegally, she would be equally on the hook since if you were legally separated at the time she should never have applied to be a sponsor in the first place. This could greatly impact any future PR app she submits for a new spouse, since she would basically be trying to convince IRCC she committed immigration fraud back then, to get your own PR status revoked now. Her new marriage and PR app, would probably be heavily scrutinized and possibly rejected.

Plus even if IRCC investigated you can explain the situation, and show evidence you were actually a genuine couple at the time you applied and landed as PR, regardless of what you signed on the divorce agreement.

She is right that she can't sponsor her new spouse until your own PR status is terminated, or your undertaking is completed (so 3 years after you landed as PR).
 
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zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Of course, you could claim that you signed the document under extreme emotional duress, at your ex-wife's insistence.

You should do nothing to renounce your PR status.
 

scylla

VIP Member
Jun 8, 2010
97,247
23,072
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The document you signed stating your legal separation was as of January 2015 could be problematic since it could be used as evidence that you were no longer in a relationship at the time you immigrated.

You should do nothing at this time - definitely don't give up your PR status. If she does nothing, your PR status is yours to keep. If she decides to report you to CIC, make sure you have evidence available to demonstrate that you were in fact in a genuine relationship at the time you landed in Canada and became a PR. If it gets to the point where CIC questions you about the validity of your relationship at landing, I would get a good immigration lawyer involved because of the legal separation you signed.

And agree with the others, she cannot sponsor a new spouse within 3 years of you landing and becoming a PR. So she's absolutely right on that front.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
So I have a problem that I need some assistance with.

After I landed in Canada on a non-conditional PR, my relationship with my Wife sponser started to get rocky (from my point of view anyway) about 4-5 months after landing. I didn't want the divorce, she did and this whole thing has been extremly emotionally distressing to me. We wanted to try and split amicably however, for the sake of our 2 year old son, and I felt it best that our son be raised in Canada with me here so that he would have access to both parents easily.

During the seperation, my then wife expressed extreme disastifaction that the divorce process would take a year, but said she had figured out a way to "take care of it" and not to worry about it. I was not at risk of any sort of deportation. Oh the lies... in my emotionally screwed up state, I signed the agreement that basicly said that our legal seperation was Jan of 2015, 6 months before even our son was born. This is what was used to get the divorce granted quickly apparently, and I hadn't had an attorney look it over before signing it. This means that my application, which was applied with no ill intentions is now potentially screwed up since we applied in 2016. To make matters worse, when the divorce went through in Dec2017, she freaking remarried Jan 2018. She is now going ballestic with extremly toxic eMails, saying what "I've" done is a grave offense, and that I'm going to be deported. She also claims because I'm in Canada, she can't sponsor her new partner (who is from the Phillipians) because I'm in Canada on her sponsorship. She says I'm acting selfishly, using her to get Canadian PR. (This ignores we were trying to immigrate her for 2ish years to the United States first) She is demanding that I voluntarily give up my PR status and take the (minor?) penalty, and if I want to be a Canadian PR, I have to do it on my own. Her new spouse is trying to get a Student Visa at this time.

Please help, I'm terrified right now, and attorneys I've called have been all sorts of inconsistent. I realize now just how badly manipulated I've been.
You may wish to advise your ex that if she does attempt to use the separation document to claim to IRCC that you used her to come to Canada, she will also be making them aware that she knowingly committed fraud by sponsoring a person who "was no longer her spouse".
 

Pontianak

Star Member
Jun 7, 2016
54
1
This could greatly impact any future PR app she submits for a new spouse, since she would basically be trying to convince IRCC she committed immigration fraud back then, to get your own PR status revoked now. Her new marriage and PR app, would probably be heavily scrutinized and possibly rejected.

She is right that she can't sponsor her new spouse until your own PR status is terminated, or your undertaking is completed (so 3 years after you landed as PR).
Would this issue also come up if she applied to sponser her new partner regardless of whether I gave up my PR or not? If I DO give up my PR, does that enable her to try and sponser her new partner immediatly? Also, I think she is already going to have a hell of a time proving legit relationship, considering she got married a month after the divorce. It sounds utterly wacky to me.
 
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