For a friend- need help wife trying to have him deported

[enna00]

I am here on behalf of my friend who needs the second opinions he will be speaking to a lawyer he became a permanent resident in Feb 2014 his wife has not lived with him for a while they were having some problems an she recently came from Europe to reconcile the relationship as she was back home and he came alone. She tried to come to live here and she was unhappy. Now his wife is back home and wants him there well she came here and didnt want to stay. Now shes threatening to call immigration because hes here and shes not yet she doesnt want to be here he has a life in canada a home a job and a car. What should he do they did a sponsorship back home. Please help let me know your opinions. Does he have the right to stay becuase she decided to leave canada its not his fault

 

[zardoz]

I am here on behalf of my friend who needs the second opinions he will be speaking to a lawyer he became a permanent resident in Feb 2014 his wife has not lived with him for a while they were having some problems an she recently came from Europe to reconcile the relationship as she was back home and he came alone. She tried to come to live here and she was unhappy. Now his wife is back home and wants him there well she came here and didnt want to stay. Now shes threatening to call immigration because hes here and shes not yet she doesnt want to be here he has a life in canada a home a job and a car. What should he do they did a sponsorship back home. Please help let me know your opinions. Does he have the right to stay becuase she decided to leave canada its not his fault

One simple question. Does he have Condition 51 on his COPR?

 

[canadianwoman]

Is his wife a Canadian citizen or a Canadian PR who sponsored the husband to immigrate to Canada? Or are the two of them citizens of some other country, and they applied to immigrate to Canada together? If it is the latter, unless he needed her 'points' to qualify, she cannot have him deported. If it is the former, it depends on whether he has Condition 51.

 

[enna00]

his wife is a canadian citizen by birth but does not live in Canada she is in Europe and the papers were done through the paris visa office for his PR. She has dual citizenship of where they are from. They applied for a sponsorship for him to become a PR in canada but she already has citizenship here yet does not want to live here. She wants to get a divorce where can I find the information about condition 51, where would it state that?

 

[enna00]

One simple question. Does he have Condition 51 on his COPR?

where can I find this information????

 

[zardoz]

where can I find this information????

On his COPR document. Ask him to look, where it says "Conditions". If it says 51, he might have a problem. If it says 00 or None, he's probably OK.

 

[enna00]

the marriage was done in good faith they have been in a relationship for at least 6 years

 

[zardoz]

the marriage was done in good faith they have been in a relationship for at least 6 years

That's interesting but not relevant. The condition code is. Was this a Family Class PR application or an Economic Class?

 

[Majromax]

There could perhaps also be an argument about misrepresentation, as "she was back home and he came alone" suggests that the sponsor did not actually intend to live in Canada with the new PR after the residency was granted. Depending on the timing, it may also be that the relationship had de facto broken down by the time of landing, which in turn would have made the basis for granting PR invalid.

 

[enna00]

what would be his options if there are no conditions the thing is she does not want to be here yet he has built a life for himself. He will talk to a lawyer but not sure how to handle the situation has she has said she will call immigration on him

 

[enna00]

That's interesting but not relevant. The condition code is. Was this a Family Class PR application or an Economic Class?

my understanding is that this was done under family class sponsorship. (PR)

 

[Rob_TO]

she tried to come afterwards to establish a life and she did not want to stay she would rather be in Europe with her family but if he leave he will lose all he bulit I am is there an argument at the fact she does not want to be with him yet his intentions were only good

This is all completely irrelevant. The ONLY thing that matters is if he has "Condition 51" written on his COPR document.

If it's not there, then he will never lose his PR so he doesn't need to worry. She would not be able to do anything to affect his PR status.

If it is there, then he must cohabit with his wife for 2 years after becoming PR. So if they separate or don't live together, then she can report the separation to CIC and then they may start investigation and may possibly revoke his PR status. In this case it doesn't matter on how their marriage was before or his life in Canada, his PR can still be revoked.

 

[enna00]

okay thank you for clarification I will ask him to take a look

 

[enna00]

Re: For a friend- need help wife trying to have him deported EXCEPTION??

can someone let me know there opinion???

I found this information if his PR is conditional would it be worth requesting an exception see below... from the cic website:

http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp

Requesting an exception
If you have received conditional permanent residence status, you can request an exception from the condition at any time during the two-year conditional period. You can do so by calling the CIC Call Centre at 1-888-242-2100. Any information you provide will be kept confidential.

Thinking about coming forward?

You might feel very alone in Canada.
Your abuser might have lied to you about your status in Canada.
You might find it difficult to talk to people or fear for the safety of your children.
You might find it hard to communicate in English or French.
You might be confused about your rights under Canadian law.

 

[keesio]

Did they:
-submit their sponsorship application BEFORE October 25,2012?
-been married for over 2 years before they applied
-had a baby together before they applied?

If ANY of the answers is YES, then there is no Conditional 51.