Help, how to stop my wife to come back

[Stumpedmom]

please explain where in canada law it states: 1) a divorce can not be filed until couple is legally separated for a year

I was the one who stated that, and its in the Divorce Act section 8, see the attached link.

http://laws-lois.justice.gc.ca/eng/acts/d-3.4/page-4.html#h-4

 

[HARMIN]

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).

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

ROB_TO ...I am not here to argue with any one ...i know about condition 51 also ...
Well.. u guys also here and i am also here for another few months ....SO LET'S SEE IF OP CAN STOP HER WIFE TO ENTER BACK IN CANADA AND GET SUCCESS TO DEPORT HER FROM CANADA ...

 

[Rob_TO]

.i know about condition 51 also .

I don't think you do. If you don't cohabit for 2 years with sponsor, and sponsor reports you... you can get PR revoked. Its as simple as that.

She will not be barred from entering Canada, but if reported she WILL have a hearing with CIC to revoke her PR. You should read the condition 51 rules more carefully, before giving inaccurate advice.

 

[rhcohen2014]

I was the one who stated that, and its in the Divorce Act section 8, see the attached link.

http://laws-lois.justice.gc.ca/eng/acts/d-3.4/page-4.html#h-4

interesting, thanks for the legal reference. now excuse me while i delete my browser history in case CIC/CBSA one day searches my computer and finds I was reading canadian code about divorce. not something i wish to have to explain!

 

[HARMIN]

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!!!

U feeling bad for OP ... r u sure OP IS GOOD GUY??? May be all his fault ..that's what i wanna told u guys ...CIC Not gonna Listen only OP ..they wanna listen both side stories and then gonna investigate .... Till CIC never reached on their final decision they can't denied OP wife entry to Canada ..

 

[Stumpedmom]

U feeling bad for OP ... r u sure OP IS GOOD GUY??? May be all his fault ..that's what i wanna told u guys ...CIC Not gonna Listen only OP ..they wanna listen both side stories and then gonna investigate .... Till CIC never reached on their final decision they can't denied OP wife entry to Canada ..

This does not come down to fault in the relationship. This strictly comes down with the sponsored spouse not meeting the obligations of her PR. She has left for over 2 months alone, therefore NOT meeting the obligations.

Yes i do feel bad for the OP because no matter who's at fault for the breakdown (usually fault on both sides) its a hard thing to deal with, having gone through this whole process and then feel like a failure!!!

I honestly could see that if she has left the country for so long, the OP notifies CIC they may notify CBSA who will stop her and get CIC involved!!

interesting, thanks for the legal reference. now excuse me while i delete my browser history in case CIC/CBSA one day searches my computer and finds I was reading canadian code about divorce. not something i wish to have to explain!

No problem, I have had to deal with this twice!!! Wish I would've learned the first time, at least it only involved PR once!!!

 

[HARMIN]

I don't think you do. If you don't cohabit for 2 years with sponsor, and sponsor reports you... you can get PR revoked. Its as simple as that.

She will not be barred from entering Canada, but if reported she WILL have a hearing with CIC to revoke her PR. You should read the condition 51 rules more carefully, before giving inaccurate advice.

ROB_TO In my first post i wrote that u guys just need to tell OP about condition 51 and its effect ...i think u didn't read all my post and u start telling me about condition 51 ... Its look like u r OP relatives and supporting him get his wife deported from Canada ..Sorry i am not here to argue ...May i know How much u Sure OP is very good man and in His marriage failure not OP fault , all his wife fault ??that's only i wanna say in my first post and i am not telling him about condition 51 or something else ..i am just telling him that he can't stop his wife to enter back in canada and he can't deport his wife that easy and its totally depend on CIC investigation ..i am not that kind guy those listen one side stories and easy to believe ....let her wife to speak up about OP ..may be all OP fault ..I am not supporting any one here but wanna know the truth ..PLEASE ASK OP TO KEEP UPDATE THIS THREAD TILL THE LAST RESULT COME OUT ...Thanks Guys

 

[Stumpedmom]

ROB_TO In my first post i wrote that u guys just need to tell OP about condition 51 and its effect ...i think u didn't read all my post and u start telling me about condition 51 ... Its look like u r OP relatives and supporting him get her wife deported from Canada ..Sorry i am not here to argue ...May i know How much u Sure OP is very good man and in His marriage failure not OP fault , all his wife fault ??that's only i wanna say in my first post and i am not telling him about condition 51 or something else ..i am just telling him that he can't stop his wife to enter back in canada and he can't deport his wife that easy and its totally depend on CIC investigation ..i am not that kind guy those listen one side stories and easy to believe ....let her wife to speak up about OP ..may be all OP fault ..I am not supporting any one here but wanna know the truth ..PLEASE ASK OP TO KEEP UPDATE THIS THREAD TILL THE LAST RESULT COME OUT ...Thanks Guys

No one has assumed that OP is totally innocent!! No matter what the spouse DID NOT MEET HER RESIDENCY OBLIGATIONS as set out by the Conditional PR. Fault has NOTHING to do with this, you are the one who is jumping to the conclusion that the spouse is likely innocent. I am here to advise and you are giving VERY BAD advice!!!

OP has been told numerous times to contact CIC. You say you are not here to argue but you seem to be arguing every FACT that has been put out with your assumptions and accusations!!

He can not personally stop her BUT he can REPORT her which in turn MAY prevent her entry, based on the fact she did NOT meet her obligations to cohabit for 2 years after landing!!!

 

[HARMIN]

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.

he can get divorced and moved on with his own ..but their very very less chances that OP can stop his wife to enter back in Canada and Deport from here without CIC investigation ... She got rights to stay as a landing Immigrant till CIC OR CBSA never made their final decision about the case ...That's only i wanna tell OP.

 

[Zarilenth]

he can get divorced and moved on with his own ..but their very very less chances that OP can stop his wife to enter back in Canada and Deport from here without CIC investigation ... She got rights to stay as a landing Immigrant till CIC OR CBSA never made their final decision about the case ...That's only i wanna tell OP.

But that's the thing - with this new condition, she does not have the rights as a landed immigrant anymore. If the 2 years of the Condition 51 was up, then you would be right. BUT they are not. SO when he reports it, I assume a note will be put on her file and when she tries to come into Canada, she might have her card revoked.

 

[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.

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

Well ..lets see if OP can stop her enter back to Canada and can deport her from here ..... TELL OP TO KEEP UPDATE THIS THREAD TILL HE GOT LAST RESULTS ABOUT THIS CASE ...have a great weekend guys

 

[Edgehead78]

Looks like Harmin knows more about the case than we do. Can he/she be the other party?

 

[keesio]

I don't know if the OP is a good person or bad person or what. The fact is that the marriage hit the skids and he sponsored her after Oct 25th, 2012. So if the marriage falls apart before 2 years after his wife landed, then the the wife may lose her PR.

Now whether he should not give up on his marriage so easily is a different topic (I'd hope he'd give it another shot unless he is really convinced it is a MoC). But all we can tell him is if he chooses to end his marriage now, she can potentially lose her PR under Condition 51. That is fact.

 

[Zarilenth]

Well ..lets see if OP can stop her enter back to Canada and can deport her from here ..... TELL OP TO KEEP UPDATE THIS THREAD TILL HE GOT LAST RESULTS ABOUT THIS CASE ...have a great weekend guys

Harmin. From this Website about Condition 51: http://news.gc.ca/web/article-en.do?nid=703499&_ga=1.189234472.22380772.1394109576

"The new regulations apply to spouses or partners in a relationship of two years or less who have no children in common with their sponsor at the time they submit their sponsorship application. The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship."

Please read carefully. OP's wife is still subject to condition 51. Therefore her PR can be revoked because she did not remain in this relationship. If she had been sponsored before Condition 51 was in effect then all he could do is report it as a fraudulent marriage and hope it gets evaluated. But that is not the case.

 

[keesio]

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.

yup, Rob is correct.

The 2 out of 5 reference is for something else - maintain standard PR status. And that is just reside in Canada 2 out of 5 years (doesn't have to be living together).