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HELP! 6 months in sponsored wife wants divorce - cond 51

allizwell2

Star Member
Dec 3, 2013
58
1
Hi guys,

Not that long ago I was frequenting this forum to help me get through the difficult time of waiting for a loved one (wife) to arrive. Cut to the chase - not even 6 months in the day she gets a job in her field of study, same evening she says she wants a divorce and moves out the next day. I was shattered and have now been able to gather myself to do something about this. It's been almost 4 months since she's left the house - no contact what so ever. At this point it's quite evident that she married used me to get PR. She's still in Canada working at the job, and she and her family did the whole, don't report/contact any government authority regarding her status. A blessing in disguise has been the condition 51 on her visa and I need support and direction from the kind folks here on how to report her and to which authorities. Additional support in terms on divorce process, etc. would greatly be appreciated as well.

Thank you,

Al.
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
First off, let me say I'm very sorry to hear of your situation.

You should call CIC first off to let them know the situation. They will likely direct you to file a report with CBSA and give you a number to call. I would be sure to file the reports to those two agencies at a minimum. Give them any details they might need to know such as her name/address/whereabouts, if you know them. They will do their own investigation and will decide her fate.

Best of luck to you.
 

LaLa320

Star Member
Jan 23, 2015
189
9
Toronto
Category........
Visa Office......
Santo Domingo/Mexico
Job Offer........
Pre-Assessed..
App. Filed.......
Oct. 14, 2014
Doc's Request.
09-06-15
AOR Received.
SA received, Dec. 11, 2014, AOR, Dec. 18, 2014
File Transfer...
Dec. 11, 2014
Med's Request
Med's sent in with app, requested again 09-06-15
Med's Done....
May 20, 2014
Interview........
Waived
Passport Req..
9-9-15
VISA ISSUED...
19-10-15
allizwell2 said:
Hi guys,

Not that long ago I was frequenting this forum to help me get through the difficult time of waiting for a loved one (wife) to arrive. Cut to the chase - not even 6 months in the day she gets a job in her field of study, same evening she says she wants a divorce and moves out the next day. I was shattered and have now been able to gather myself to do something about this. It's been almost 4 months since she's left the house - no contact what so ever. At this point it's quite evident that she married used me to get PR. She's still in Canada working at the job, and she and her family did the whole, don't report/contact any government authority regarding her status. A blessing in disguise has been the condition 51 on her visa and I need support and direction from the kind folks here on how to report her and to which authorities. Additional support in terms on divorce process, etc. would greatly be appreciated as well.

Thank you,

Al.
Hi Al

I'm sorry to hear this! Definitely report the breakdown of the marriage to CIC! Hopefully they send her packing if she did indeed use you to get PR. Take care of reporting this right away, it's people like her that make it difficult for couples who are truly in a genuine relationship to get their PR.

Again, I'm sorry to hear about your troubles, i hope this difficult time will pass soon. Just curious, did she not know about the condition 51? or has that time passed/expired?
 

scylla

VIP Member
Jun 8, 2010
96,861
22,845
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
LaLa320 said:
Hopefully they send her packing if she did indeed use you to get PR. Take care of reporting this right away, it's people like her that make it difficult for couples who are truly in a genuine relationship to get their PR.
It doesn't actually matter whether she used him for the visa or not. Since she has condition 51 on her visa she is obligated to stay with her partner for 2 years to keep her PR status. So she should be sent packing regardless.
 

LaLa320

Star Member
Jan 23, 2015
189
9
Toronto
Category........
Visa Office......
Santo Domingo/Mexico
Job Offer........
Pre-Assessed..
App. Filed.......
Oct. 14, 2014
Doc's Request.
09-06-15
AOR Received.
SA received, Dec. 11, 2014, AOR, Dec. 18, 2014
File Transfer...
Dec. 11, 2014
Med's Request
Med's sent in with app, requested again 09-06-15
Med's Done....
May 20, 2014
Interview........
Waived
Passport Req..
9-9-15
VISA ISSUED...
19-10-15
scylla said:
It doesn't actually matter whether she used him for the visa or not. Since she has condition 51 on her visa she is obligated to stay with her partner for 2 years to keep her PR status. So she should be sent packing regardless.
Seen this before and CIC has done nothing, even though the breakdown was reported. The person is still here, still working away, despite this condition. That's why I say 'Hopefully'
 

CdnandTrini

Champion Member
Mar 31, 2013
1,611
75
Visa Office......
Port of Spain
App. Filed.......
Feb. 7, 2013
AOR Received.
Sept. 10, 2013 and "in process" Sept. 24, 2013
File Transfer...
March 28, 2013 (sponsor approval confirmed)
Med's Done....
Jan. 18, 2013
Interview........
Waived
Passport Req..
Oct. 7, 2013 - Thank you Jesus!
VISA ISSUED...
Nov. 4, 2013 - Thank you Lord
LANDED..........
Dec. 14, 2013 - Praise God. PR Card Feb. 14, 2014
allizwell2 said:
Hi guys,

Not that long ago I was frequenting this forum to help me get through the difficult time of waiting for a loved one (wife) to arrive. Cut to the chase - not even 6 months in the day she gets a job in her field of study, same evening she says she wants a divorce and moves out the next day. I was shattered and have now been able to gather myself to do something about this. It's been almost 4 months since she's left the house - no contact what so ever. At this point it's quite evident that she married used me to get PR. She's still in Canada working at the job, and she and her family did the whole, don't report/contact any government authority regarding her status. A blessing in disguise has been the condition 51 on her visa and I need support and direction from the kind folks here on how to report her and to which authorities. Additional support in terms on divorce process, etc. would greatly be appreciated as well.

Thank you,

Al.
Al, so sorry to hear about your situation and I hope you have some friends or family support. Also please disregard anyone who tries to say "I told you so". Most people who fall in love are taking risks of all kinds and I pray you do not let this situation (once you are recovered of course) harden your heart.

Unfortunately, I have also seen the same lack of action that LaLa320 spoke of - even if your situation is reported CIC and/or CBSA may not act upon it due to resource constraints. If you really want some action you may have to go directly to your MP or the immigration minister's office, or both

Barring that you could contact the press, then the gov't will be "shamed" into acting on your behalf. Lastly, you could contact her employer as she may be "technically" working out of status due to condition 51. They could ask to see her passport and COPR and read that for themselves. Even if her employer cannot do this, I am sure it will cause some concern for them and they will not want to get "involved" with a potential problem like that.

I personally might want to contact a lawyer just because condition 51 has not been around long enough for challenges or precedents (that I am aware of ) and it will need to be interpreted I'm sure, in many different contexts and scenarios. I would want to know the impact this may have on you as well as your estranged spouse. If I really believed the person was cold and calculating and strategic the whole time, I would probably try really hard to ensure she would not be able to do this type of thing again.

But, if you believe that she was sincere when you were in a relationship before you married (and right after) and she may have fallen out of love with you through no fault of yours or hers (stuff like this happens) then I might not be so quick to act in a manner that felt like it was being motivated by revenge. Speaking for myself here not assuming anything on your part. You have to do what is right for you and will give you peace at the end of the day. None of us can make someone love us but we can attempt to hold others accountable for dishonest intentions or premeditated plans of deception that will cause harm to others.

Again my sympathies and prayers for this circumstance to be resolved in the best way possible.
 

gsize

Hero Member
May 2, 2009
958
48
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
2009....denied Feb 2010.....appeal allowed (August 2012)..waiting for processing
Doc's Request.
04/04/2013
File Transfer...
30/01/2013
Med's Done....
04/2013 (second time)
Passport Req..
21/02, 2014
VISA ISSUED...
18/03/2014
LANDED..........
05/04/2014
Tread carefully my friend. If she goes on welfare, you are responsible for another 2 1/2 years.

I hope you find strength to guide you through this situation.

We will see if condition 51 has any teeth.

You will come out of this stronger and wiser. Furthermore, Karma can be a bitch. She will get hers ! :)
 

etienbjel

Star Member
May 15, 2014
149
6
Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
App. Filed.......
27-07-2014
Doc's Request.
09-10-2014
AOR Received.
30-07-2014
File Transfer...
29-10-2014
Med's Done....
15-05-2014
Interview........
Initially requested but waived after providing more evidence online
Passport Req..
12-01-2016
VISA ISSUED...
10-02-2016
LANDED..........
20-05-2016
Hi,

Sorry to hear this. But as gsize said, tread carefully. And, don't act too fast.

As far as I understand it, Condition 51 is more applicable to the sponsor rather than the applicant. It's more of a contract to protect CIC and leaves all financial burdens on the sponsor.

If you start throwing her name at CIC and CBSA, she could (in theory) retaliate by quitting her job and seeking social assistance. I think it's best to keep quiet until you consult a good immigration lawyer who is up to speed on Condition 51.
 

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
etienbjel said:
Hi,

Sorry to hear this. But as gsize said, tread carefully. And, don't act too fast.

As far as I understand it, Condition 51 is more applicable to the sponsor rather than the applicant. It's more of a contract to protect CIC and leaves all financial burdens on the sponsor.

If you start throwing her name at CIC and CBSA, she could (in theory) retaliate by quitting her job and seeking social assistance. I think it's best to keep quiet until you consult a good immigration lawyer who is up to speed on Condition 51.
That's incorrect. Condition 51 is to protect the sponsor, not the new PR or CIC. It was brought in as a direct response to situations like this one.
 

Ka101

Star Member
Oct 7, 2014
120
1
Job Offer........
Pre-Assessed..
You should call CIC and no need to hire Lawyer or to go to MP, just call CIC and tell them that your spouse used you to gain entry into Canada and is no longer living with you.
 

scylla

VIP Member
Jun 8, 2010
96,861
22,845
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
etienbjel said:
As far as I understand it, Condition 51 is more applicable to the sponsor rather than the applicant. It's more of a contract to protect CIC and leaves all financial burdens on the sponsor.

If you start throwing her name at CIC and CBSA, she could (in theory) retaliate by quitting her job and seeking social assistance. I think it's best to keep quiet until you consult a good immigration lawyer who is up to speed on Condition 51.
No - that's not what condition 51 is about - your understanding of this rule is completely inaccurate. Condition 51 applies to the applicant (not sponsor). It states that the applicant must remain with the sponsor for at least two years after become a PR to retain PR.

There is no need to keep quiet or spend money to consult with a good immigration lawyer. The right thing to do is to report the relationship breakdown (and suspected marriage of convenience) to CIC as soon as possible.
 

O ravel

Full Member
Feb 4, 2015
48
1
MADAGASCAR
Category........
Visa Office......
Pretoria
Job Offer........
Pre-Assessed..
App. Filed.......
24/10/2014
Doc's Request.
14/12/2014
AOR Received.
05/02/2015
File Transfer...
17/03/2015
Interview........
decision made 15/08/2015
Passport Req..
27/07/2015
VISA ISSUED...
13/08/2015
LANDED..........
october
CALL CIC ASAP
 

sohaib1

Champion Member
Jan 28, 2015
1,688
287
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
14-02-2015
Doc's Request.
13-10-2015 (Urdu Nikah Nama)
AOR Received.
02-04-2015
File Transfer...
20-04-2015
Med's Done....
PreDone 20-01-2015
Passport Req..
11-11-2015
VISA ISSUED...
03-12-2015
LANDED..........
10-12-2015
VERY SORRY TO HEAR THAT!

isn't there a condition like 2 years you have to stay with sposnor, or you will no longer be PR. Just report to canadian immigration, what happend they will send her back, if she used you. I belive she used you