Help, how to stop my wife to come back

[jomz]

really? I didn't know that's possible . So it means after divorce the applicant can risk deportation ? Is there exceptions ? Plz throw more light on that I want to understand . Maybe the op will do that lol. He seem frauatrated . And hey for the two years conditional period does it mean one can not even travel to leave outside Canada for sometime? If yes does it mean his wife is at fault for leaving ?

Yes it is very possible. In October 2012 Canadian Immigration laws were changed. See the below for full details. As for his wife leaving, yes she already failed to comply with her conditional PR requirement.

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

 

[zcc368]

He applied in 2013 and from the post does not seem they had children at time of sponsorship so his wife's PR is conditional for 2 years. He has every right to report marriage break down to CIC, which in turn can result in her PR being revoked.

Hi,

At your point, I could file a divorce in Canada, her 2yrs PR will be denied in the meantime?

 

[rhcohen2014]

really? I didn't know that's possible . So it means after divorce the applicant can risk deportation ? Is there exceptions ? Plz throw more light on that I want to understand . Maybe the op will do that lol. He seem frauatrated . And hey for the two years conditional period does it mean one can not even travel to leave outside Canada for sometime? If yes does it mean his wife is at fault for leaving ?

with PR, you can travel separately outside the country, it just can't be for long term without your spouse. Couples can even live together outside of canada long term and still keep PR status... as long as they are living together for 2 out of 5 years. Since it's a new rule, noone really knows how it will be enforced.

 

[truesmile]

Hi,

At your point, I could file a divorce in Canada, her 2yrs PR will be denied in the meantime?

MAYBE ! ! That's NOT your call. It's up to the CIC if they will follow through with that.

 

[rhcohen2014]

Hi,

At your point, I could file a divorce in Canada, her 2yrs PR will be denied in the meantime?

I believe what other people are saying is that you have to contact CIC to let them know the marriage has broken down and you will be/have filed for divorce. At that point, CIC may take efforts to revoke her status. AGain, no one knows how this condition is applied to cases like this because it is a new rule. Your first couple of steps need to be file for a divorce and notify CIC so you can get the ball rolling.

 

[jomz]

Hi,

At your point, I could file a divorce in Canada, her 2yrs PR will be denied in the meantime?

Absolutely. You can file for divorce in Canada, you do not have to do it in the country where you married.
If you advise CIC even today that your wife left, and you are proceeding to divorce because the marriage is not working out, CIC will take steps to cancel her PR.

 

[zcc368]

I believe what other people are saying is that you have to contact CIC to let them know the marriage has broken down and you will be/have filed for divorce. At that point, CIC may take efforts to revoke her status. AGain, no one knows how this condition is applied to cases like this because it is a new rule. Your first couple of steps need to be file for a divorce and notify CIC so you can get the ball rolling.

Hi, divorce can be filed unilateral?

 

[rhcohen2014]

Hi, divorce can be filed unilateral?

sure divorce can be filed unilaterally. do you really think all couples going through a divorce actually agree on the divorce? most of the time it's a surprise to one of the parties. The best thing to do is contact an attorney as the best way to go about your situation. i would say to not provoke her even more by telling her what you are learning here. if she knows that you are moving forward with filing, and the condition of her PR, you will most certainly run into further problems.

 

[Obronibini]

Absolutely. You can file for divorce in Canada, you do not have to do it in the country where you married.
If you advise CIC even today that your wife left, and you are proceeding to divorce because the marriage is not working out, CIC will take steps to cancel her PR.

he should do this then it seem cool , get divorced fast , inform cic she left so they can stop her from entering . That way she doesn't go on welfare

 

[jomz]

Hi, divorce can be filed unilateral?

You do not need her agreement to divorce. It may just take little longer, but in end a divorce will be granted.

 

[Obronibini]

with PR, you can travel separately outside the country, it just can't be for long term without your spouse. Couples can even live together outside of canada long term and still keep PR status... as long as they are living together for 2 out of 5 years. Since it's a new rule, noone really knows how it will be enforced.

thanks for the education . I believe not all sponsors want to pay their spouses back by getting them removed after failed marriage. No one want to be paying for someone claiming welfare .

 

[jomz]

he should do this then it seem cool , get divorced fast , inform cic she left so they can stop her from entering . That way she doesn't go on welfare

He needs to call CIC and CBSA and advise of marriage breakdown

 

[jomz]

thanks for the education . I believe not all sponsors want to pay their spouses back by getting them removed after failed marriage. No one want to be paying for someone claiming welfare .

I dont think this is payback. I think the OP is simply trying to protect himself/his future.

 

[Obronibini]

I dont think this is payback. I think the OP is simply trying to protect himself/his future.

exactly what I think too .

 

[mikeymyke]

You can protect your future by deporting your past.

Wow that sounds like a movie tagline.