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

[enna00]

So what happens if she call I guess they would investigate and go from there????

 

[zardoz]

So what happens if she call I guess they would investigate and go from there????

I suggest that you find out about the conditions on his COPR before asking any further questions, as they may be pointless.

 

[keesio]

yes, as Zardoz already said, your friend needs to find out if he has Condition 51 first. His options will vary greatly depending on this.

 

[bigredmoose]

I'm disappointed no one thought to ask the OP if the friend has condition 51.

jk lol

 

[enna00]

his has condition 51 so he will have to talk to someone at immigration and his lawyer

 

[Rob_TO]

his has condition 51 so he will have to talk to someone at immigration and his lawyer

In that case there is nothing he or any lawyer can do. You can only apply for exemption from Condition 51 in cases of abuse, but in this case it sounds like relationship has simply broken down so I don't see any possibility for exemption.

Honestly if it was me, I wouldn't contact CIC about anything. CIC will probably only start an investigation if the wife actually calls or writes them to report the relationship breakdown and they are no longer cohabiting. If she never tells them, then CIC will probably not even find out and after 2 years his PR will just turn into regular PR and then he will never lose it. If he calls CIC and gives info about his case, it may just cause them to start an investigation.

Of course if she does report it, then there is the possibility CIC will investigate and revoke his PR. This process is out of his control.

 

[canadianwoman]

Agreed. I would not tell immigration either.

If you live with your wife outside of Canada, this time counts as time spent fulfilling your PR residency requirements (because she is a Canadian citizen). If you do want to try to reconcile, you could live with her abroad until you have the required two years. Then your PR is no longer conditional and you could move back to Canada.

 

[enna00]

In that case there is nothing he or any lawyer can do. You can only apply for exemption from Condition 51 in cases of abuse, but in this case it sounds like relationship has simply broken down so I don't see any possibility for exemption.

Honestly if it was me, I wouldn't contact CIC about anything. CIC will probably only start an investigation if the wife actually calls or writes them to report the relationship breakdown and they are no longer cohabiting. If she never tells them, then CIC will probably not even find out and after 2 years his PR will just turn into regular PR and then he will never lose it. If he calls CIC and gives info about his case, it may just cause them to start an investigation.

Of course if she does report it, then there is the possibility CIC will investigate and revoke his PR. This process is out of his control.

Well if he leaves and then goes to live with her to try and work it out and want to come back in feb 2016 because that will be 2 years since he became a PR is not the condition only for the first 2 years of the PR or two years total of living together within x amount of time? what will happen if he comes back and she does not and she reports it then what happens at that point can't he lose his PR status still because she could say they did not live together in those 2 years of the condition? :-\

 

[Rob_TO]

Well if he leaves and then goes to live with her to try and work it out and want to come back in feb 2016 because that will be 2 years since he became a PR is not the condition only for the first 2 years of the PR or two years total of living together within x amount of time? what will happen if he comes back and she does not and she reports it then what happens at that point can't he lose his PR status still because she could say they did not live together in those 2 years of the condition? :-\

If he landed as PR in Feb 2014, then as of Feb 2016 his "condition 51" 2-yrs of cohabitation requirement will be removed and he will have his regular PR status. At this time, he can then do whatever he wants and his wife can no longer do anything to have his PR status investigated or revoked. If she reports it after the 2 yrs CIC won't care because the 2 yr conditional rule will be over.

 

[canadianwoman]

He should keep plenty of proof they did live together, if he goes this route.

 

[bigredmoose]

He should keep plenty of proof they did live together, if he goes this route.

I was thinking the same thing. I don't think he would be off the hook after 2 years. He was supposed to have remained in a relationship with the sponsor and lived together for those 2 years. It seems improbable, but if CIC could prove that condition 51 was not met, could they not revoke his PR status after the 2 years? He didn't do what he was supposed to do, so doesn't that put the whole thing in jeopardy? Even after 2 years are up?

 

[Rob_TO]

I was thinking the same thing. I don't think he would be off the hook after 2 years. He was supposed to have remained in a relationship with the sponsor and lived together for those 2 years. It seems improbable, but if CIC could prove that condition 51 was not met, could they not revoke his PR status after the 2 years? He didn't do what he was supposed to do, so doesn't that put the whole thing in jeopardy? Even after 2 years are up?

If the sponsor is going to report the applicant after relationship has broken down and/or they are no longer cohabiting, it should be during the initial 2 years. I highly doubt CIC will waste time and resources investigating reports that come in after the 2 year conditional PR is no longer in force. If a sponsor doesn't report it during the initial 2 years while they could have. they are probably out of luck.