Husband not returning my PR

[p29]

HI,
I am an Indian citizen, got married to a Permanent Resident holder of Canada (originally Indian citizen) in 2008 and I got my PR in Nov of 2009 and I entered Canada on Feb 02, 2010 with him for the first time. I stayed and worked in Surry, BC for six months or so but discovered that I do not get along with my husband due to his some bad addictions like Drugs and drinking. He not only physically but mentally tortured me. I was desperate to return to India since I found no life with him. Somehow after some excuses I returned to India with him and started living at my parents home in India and never returned back to my Inlaw’s place (India home).
I told my story and condition to my parents and I decided to file for a mutual divorce, but he escaped the situation and fled to Canada and took away all my credentials including my Passport, PR, Debit card, Social Insurance card etc. We have filled an FIR against him (in India) but it was of no use since he was not in India.
Currently I am trying to file a divorce, but since I do not have any existence of any type neither any proof of stay in Canada; it is becoming challenging day by day to file for a divorce in India. Moreover, Indian authorities told me that he has be present here in the county while filling the divorce.
He does not want to divorce me but after going through all the sufferings and pain, I have made my mind, I want to file for a Divorce in CANADA only so that he should be punished strictly for all his wrong doings.

My question is -
I have recently filled for a new passport but I am wondering if there any way I can get my PR back.

Some people said since I went to Canada on his name, My New PR will be given only with his consent? is it true? In that case he will not agree and will I never get y PR back?

What is the procedure to file for a divorce in Canada?

In case I get my PR back and I come back to Canada and we both live separate for a while and later I file for divorce, will I get my divorce easily?

Please suggest, any suggestion is truly appreciated.
Thanks,

 

[Leon]

You should apply for a PR travel document at the Canadian embassy. Just tell them the truth that your husband took your PR card and is refusing to give it back. The travel document will allow you to go back to Canada and apply for a new PR card as well as get your divorce.

 

[rjessome]

Further to Leon's comments (which are correct) your husband does not own your PR. You do. The card is just a card and you are a permanent resident whether you have the card or not. You do not require his consent for anything. The same thing goes for the SIN number which you can get again from Service Canada when you return to Canada. You should advise them that this number has been stolen as there could be issues with identity theft.

As Leon advised, apply for the travel document from the Canadian consulate. This will enable you to enter Canada as a PR. When you get to Canada, talk to a family law lawyer about divorce proceedings.

 

[internee]

I just would like to add that, you should present your case before the canada consulate inyour area and also write back to immigration Canada.... your case has very strong position (legally) but in a result your husband's Residency / citizenship may be in danger and he may be kicked off. Keeping someone else PR card/health card withour conscent is it self a crime as per law

Azhar

 

[toby]

Further to the very-sound advice given above, you should know that you don't need the consent of your husband to divorce him in Canada. It will go more slowly, but you will be able to divorce him. If the divorce is uncontested, if both of you agree, you can usually get one in a year or even less.

If hiring a lawyer is too costly, there are organizations -- most often established for women -- that can counsel you on this matter.

Second, since your husband sponsored you to Canada, he is financially responsible for you for the first three years, starting from the date of your official landing. If he persists in trying to block the divorce, explain to him that the extra time you must therefore spend in Canada will be too costly, that you will therefore have to seek welfare, and this will be charged to him by the Canadian Government. This might soften his stance on the divorce.

Good luck, and sorry your introduction to Canada has been so unpleasant.

 

[VisaApprovalSent]

I am really sorry to hear this .May God give you the strength to overcome this.I'm sure this will only make you stronger.