Help, how to stop my wife to come back

[zcc368]

Thank you all for your advises. I will call cic to confirm and then proceed divorce as soon as I can.

Hope people is applying / will apply sponsorship carefully choose your loves from aboard. Please use myself as an example.

 

[jomz]

You can protect your future by deporting your past.

Wow that sounds like a movie tagline.

LOL

 

[Rob_TO]

Condition 51 states any couple who filed an application on or after October 25, 2012 must live together 2 out of 5 years.

Just to clarify, there is nothing to do with 5 years in Condition 51. Conditional PR just means that you must cohabit with sponsor for 2 consecutive years after you get PR. It MUST be the first 2 years from when you land.

Also he would not need to file for divorce yet if he doesn't want to. Simply by informing CIC that the marriage has broken down, and his wife is not cohabiting with him anymore, that should be enough to invoke the rule. How CIC handles it then, is up to them. If she really wants to keep her PR and is well versed on the rules, I wouldn't be surprised if she tries to use abuse allegations to keep her PR.

 

[Obronibini]

Just to clarify, there is nothing to do with 5 years in Condition 51. Conditional PR just means that you must cohabit with sponsor for 2 consecutive years after you get PR. It MUST be the first 2 years from when you land.

Also he would not need to file for divorce yet if he doesn't want to. Simply by informing CIC that the marriage has broken down, and his wife is not cohabiting with him anymore, that should be enough to invoke the rule. How CIC handles it then, is up to them. If she really wants to keep her PR and is well versed on the rules, I wouldn't be surprised if she tries to use abuse allegations to keep her PR.

i love reading from you, mike and few others . So educative

 

[mikeymyke]

No, Rob's very informative, I'm just a crazy guy who has to deal with the #2 toughest visa office in the world, with the 2nd longest processing time in the world, with the 2nd highest refusal rate in the world

 

[inexplored]

So you sound like you and your spouse come from a country where famiies are too much involved in situations like that. My dear, take a longgg breath and drink a cold glass of water (NOT PICKING ON YOU), I have had happened this with someone I know very closely.

Do not think it as a failier or marriage breakdown. You both simply didnt have had enough time to get to know each other. Trying to cancel her immigration/PR will only make it worse for you. If she still wants to keep her PR she can very well do that. So please do not invoke something that will make your current bad relation to even worse situation. LET HER COME BACK AND TRY TO SOLVE YOUR PROBLEMS WITOUT AS MUCH AS NO OUTSIDE INFLUENCE. TIME HEALS THE BEST MY DEAR. AND PATIENCE IS THE KEY.

If nothing works then filling for divorce is your right and you may go ahead that route. Its easy to break a relation but hard to mantain one. Good luck !!!!

 

[Rob_TO]

Trying to cancel her immigration/PR will only make it worse for you. If she still wants to keep her PR she can very well do that.

No, cancelling her PR would actually make things better for him since he would no longer be liable to pay back any money to government in case she went on welfare here in Canada.

And it will not be her choice to keep PR, it will be up to CIC. If she has conditional PR then by no longer cohabiting with her sponsor in a conjugal relationship she has broken the conditions of her PR, and is subject to have her PR revoked.

 

[HARMIN]

No, cancelling her PR would actually make things better for him since he would no longer be liable to pay back any money to government in case she went on welfare here in Canada.

And it will not be her choice to keep PR, it will be up to CIC. If she has conditional PR then by no longer cohabiting with her sponsor in a conjugal relationship she has broken the conditions of her PR, and is subject to have her PR revoked.

Rob_TO AND OTHER FORUM MEMBERS ...OP Can't stop her and She still can come back to Canada any times and their no such rules or force CIC can apply on her without any investigation ..Hope u guys know simple things ( difficult to enter and get landed immigrant in Canada) and more difficult for CIC to remove u from here because they don't care once u got landed immigrant here ...Marriage failure is common things now the days and its happening with 1000s people every single day around the world because of miss understanding or other reason or some really can't click on each other ..that's doesn't mean that all marriage break off because just any immigration purpose or something else ...OP got marriage failure and we all don't know what's the reason ..may be its OP fault and now he blaming her wife and wanna deport her to take revenge ...Please stop giving people that kind of advise ..just tell them about condition 51 and ask them to hired a lawyer if they want ..that's our jobs here guys ...WHAT U GUYS GONNA DO IF TOMORROW OP WIFE JOIN THIS FORUM AND POST HERE NEW THREAD AND ASK US TO HELP HER AND TELL US TOTALLY DIFFERENT STORIES ??HOPE U GUYS UNDERSTAND WHAT I MEAN ..Have a great weekend ahead guys

 

[Stumpedmom]

I would contact CIC as soon as possible. Unfortunately as for a divorce, you need to wait one year after separation (one year after she left) in order to file for divorce. Once you notify CIC all the PR issues are up to them. As far as I understand, with the conditional PR status, this is why they put it in place, situations like yours, whether a marriage broke down due to fraud or due to a breakdown for other reasons, the sponsors then have a way to protect themselves from financial liability.

The wife may have another story, but either way, the fact that she left for two plus months already, she is not meeting the requirements of her conditional visa, so the officer at the border could refuse her entry based on that alone if they notice her status, and that she has not met the requirement. It would be different if they traveled together, or her for a short time, but 2 plus months is a long time when you have a residency obligation!!!

 

[HARMIN]

I would contact CIC as soon as possible. Unfortunately as for a divorce, you need to wait one year after separation (one year after she left) in order to file for divorce. Once you notify CIC all the PR issues are up to them. As far as I understand, with the conditional PR status, this is why they put it in place, situations like yours, whether a marriage broke down due to fraud or due to a breakdown for other reasons, the sponsors then have a way to protect themselves from financial liability.

The wife may have another story, but either way, the fact that she left for two plus months already, she is not meeting the requirements of her conditional visa, so the officer at the border could refuse her entry based on that alone if they notice her status, and that she has not met the requirement. It would be different if they traveled together, or her for a short time, but 2 plus months is a long time when you have a residency obligation!!!

I totally disagree with u ....she is free to fly any where after getting here as landing immigrant and no one can stop her to enter back here again ..their no different rules or regulations apply on condition 51 pr holder than a normal pr holder ...only condition 51 pr holder can't stay away 1 or 2 years without his/her sponsor permission in case of relation break down after or before and unless her/his sponsor inform CBSA OR CIC about this ....but 3 to 6 months holidays or urgent purpose still acceptable ...Note ...CIC not gonna stop her to enter back in Canada till they r investigating about that case and till they never made their final decision about her ..one more thing for u guys ...some time what we see and what we listen that's not the truth ....So lets CIC to find the truth ..SORRY TO SAY BUT MAY BE OP GONNA GET DEPORTED IN FUTURE (WOMEN POWER MAN ,WOMEN POWER ) have a great weekend ahead guys

 

[jomz]

I totally disagree with u ....she is free to fly any where after getting here as landing immigrant and no one can stop her to enter back here again ..their no different rules or regulations apply on condition 51 pr holder than a normal pr holder ...only condition 51 pr holder can't stay away 1 or 2 years without his/her sponsor permission in case of relation break down after or before and unless her/his sponsor inform CBSA OR CIC about this ....but 3 to 6 months holidays or urgent purpose still acceptable ...Note ...CIC not gonna stop her to enter back in Canada till they r investigating about that case and till they never made their final decision about her ..one more thing for u guys ...some time what we see and what we listen that's not the truth ....So lets CIC to find the truth ..SORRY TO SAY BUT MAY BE OP GONNA GET DEPORTED IN FUTURE (WOMEN POWER MAN ,WOMEN POWER ) have a great weekend ahead guys

Harmin, obviously you have no idea what you are talking about, especially when it comes from obligations created by conditional PR. Please refrain from posting incorrect information. Thank you.

If you have some free time take the time to read what CIC has to say about conditional PR instead of posting incorrect information.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

 

[HARMIN]

Harmin, obviously you have no idea what you are talking about, especially when it comes from obligations created by conditional PR. Please refrain from posting incorrect information. Thank you.

I am talking about 1st OP..I mean the guy who start this thread ....i am just replying to him and telling him ...
MR OP NOTHING U CAN DO

 

[Rob_TO]

Rob_TO AND OTHER FORUM MEMBERS ...OP Can't stop her and She still can come back to Canada any times and their no such rules or force CIC can apply on her without any investigation .

You obviously have no idea what "conditional PR" is. Read here to educate yourself: http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp
If you have been granted conditional permanent residence, you must live together with your sponsor in a legitimate relationship for two years from the day you receive conditional permanent residence. The condition ends after the two-year period.

ANYONE who has conditional PR, and who separates or does not cohabit with their sponsor during the 2 years conditional term, can have their PR revoked. It does NOT MATTER what the reason for separation is (except for abuse cases). She would be allowed back into Canada, but if reported to CIC then she would have a hearing during which her PR status would most likely be revoked due to not meeting Condition 51, and then she would be asked to leave Canada.

If you don't know what you're talking about, you shouldn't try to give advice.

 

[rhcohen2014]

I am talking about 1st OP..I mean the guy who start this thread ....i am just replying to him and telling him ...
MR OP NOTHING U CAN DO

there is certainly somethings he can do, as it has been suggested. please explain where in canada law it states: 1) a divorce can not be filed until couple is legally separated for a year and 2) his PR status can be in jeopardy?

as for "no one can stop her form entering canada"... um, yeah right. CIC/CBSA has every right to stop ANYONE crossing into canada (even citizens), or at least detaining them if they are seen as a criminal, threat or non-compliant with current status. again, please show us the legal standing you are suggesting this is not true.

 

[Stumpedmom]

I totally disagree with u ....she is free to fly any where after getting here as landing immigrant and no one can stop her to enter back here again ..their no different rules or regulations apply on condition 51 pr holder than a normal pr holder ...only condition 51 pr holder can't stay away 1 or 2 years without his/her sponsor permission in case of relation break down after or before and unless her/his sponsor inform CBSA OR CIC about this ....but 3 to 6 months holidays or urgent purpose still acceptable ...Note ...CIC not gonna stop her to enter back in Canada till they r investigating about that case and till they never made their final decision about her ..one more thing for u guys ...some time what we see and what we listen that's not the truth ....So lets CIC to find the truth ..SORRY TO SAY BUT MAY BE OP GONNA GET DEPORTED IN FUTURE (WOMEN POWER MAN ,WOMEN POWER ) have a great weekend ahead guys

The sponsored spouse must cohabit in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. If they do not remain in the relationship, the sponsored spouse’s status could be revoked.
source: http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

She did not meet this obligation. 3 to 6 months for holidays/vacation when you have to cohabit for 2 years is far from reasonable!!! I am sorry but if there were issues in a marriage and a spouse (either husband or wife) leaves for that long, they obviously do not want to work on the relationship. If they truly wanted to make the relationship work, they wouldn't be gone for that long!!!

I really feel bad for the OP. I have had a failed marriage, which PR happened before the conditions happened, but I was lucky enough that my spouse left the country willingly so I was not going to be financially responsible for them. Whether OP is male or female, does not matter in this situation, and why would the OP be deported? They are here legally, from my understanding they sponsored the other party here, so they either have PR or are a citizen, that was a pretty big assumption to make!!!