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i am in trouble please help

lady2005

Full Member
Aug 22, 2013
25
0
Hello
get the Canadian immigration
I am an Asian girl and I studied in Canada and became eligible for my PR through experience class route in year 2012 I came back to my homeland and I was married. after that I left for Canada I applied for my PR on 1st October 2012 and sponsored my Husband in along with me my PR got finalized in may 2013 and my husband was required to submit his passport so he came to Canada on a visitor visa in the same month but once our passports got stamped my husband attitude has changed towards me and he is making attempts to leave me a nd its now very clear to me that he has used me just to get the Canadian immigration. I and he are due to land by jan 2014 which we haven't landed.

I am very much worried what to do I want to teach that man a lesson he played with my emotions just to get his things straight please tell me the remedies I can take
1- can I cancel my sponsorship for his PR
2- Can I report that his intention to marry me was malafide

please tell me with all I can do to revoke his PR and send him back to my country
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
He can't land before you do. Contact CIC and withdraw him from your application on the grounds that your relationship has broken down. Do not land until you have sorted it out.
 

dbss

Champion Member
Jun 22, 2012
1,088
43
lady2005 said:
Hello
get the Canadian immigration
I am an Asian girl and I studied in Canada and became eligible for my PR through experience class route in year 2012 I came back to my homeland and I was married. after that I left for Canada I applied for my PR on 1st October 2012 and sponsored my Husband in along with me my PR got finalized in may 2013 and my husband was required to submit his passport so he came to Canada on a visitor visa in the same month but once our passports got stamped my husband attitude has changed towards me and he is making attempts to leave me a nd its now very clear to me that he has used me just to get the Canadian immigration. I and he are due to land by jan 2014 which we haven't landed.

I am very much worried what to do I want to teach that man a lesson he played with my emotions just to get his things straight please tell me the remedies I can take
1- can I cancel my sponsorship for his PR
2- Can I report that his intention to marry me was malafide

please tell me with all I can do to revoke his PR and send him back to my country
I think even if he lands he will be subjected to the three year conditional PR rule and even your marriage does not work out in the next three years he can be gone.
 

scylla

VIP Member
Jun 8, 2010
95,843
22,110
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
dbss said:
I think even if he lands he will be subjected to the three year conditional PR rule and even your marriage does not work out in the next three years he can be gone.
No - he's not subject to these rules.

The conditional PR rule only applies to those sponsored through spousal class. It does not apply to other immigration streams such as CEC (as in this case), FSW, etc.
 

dbss

Champion Member
Jun 22, 2012
1,088
43
scylla said:
No - he's not subject to these rules.

The conditional PR rule only applies to those sponsored through spousal class. It does not apply to other immigration streams such as CEC (as in this case), FSW, etc.
I think it is a grey area as per the following:

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

technically you are sponsoring your husband/wife regardless of the kind of application..I maybe wrong but then again we are here to share ideas and see what is right and what is wrong.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
It's not important in this case anyway. He can't land independently as he is not the principal applicant. If the OP removes him from the application BEFORE she lands, there is nothing that he can do about it. The ball is in her court now and it's up to her to act IMMEDIATLEY.
 

scylla

VIP Member
Jun 8, 2010
95,843
22,110
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
dbss said:
I think it is a grey area as per the following:

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

technically you are sponsoring your husband/wife regardless of the kind of application..I maybe wrong but then again we are here to share ideas and see what is right and what is wrong.
For non-spousal application routes (e.g. CEC, FSW) - both spouses are "applicants" (one is the principle applicant and the other is the dependent applicant). Neither is a sponsor. Conditional PR is restricted to spousal sponsorship applications.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
You can inform immigration that you believe that he married you for PR and that you are divorcing him. Have you started proceedings to divorce him?

However, it is up to immigration if they are willing to remove him from your application. Once the PR visa has been issued, it may not be easy.

Sponsorship cases are a bit different where they actually have some rules to deal with marriage fraud but you did not sponsor him, you applied together as a couple.
 

nalasnaville

Member
Aug 20, 2013
14
0
lady2005 said:
Hello
get the Canadian immigration
I am an Asian girl and I studied in Canada and became eligible for my PR through experience class route in year 2012 I came back to my homeland and I was married. after that I left for Canada I applied for my PR on 1st October 2012 and sponsored my Husband in along with me my PR got finalized in may 2013 and my husband was required to submit his passport so he came to Canada on a visitor visa in the same month but once our passports got stamped my husband attitude has changed towards me and he is making attempts to leave me a nd its now very clear to me that he has used me just to get the Canadian immigration. I and he are due to land by jan 2014 which we haven't landed.

I am very much worried what to do I want to teach that man a lesson he played with my emotions just to get his things straight please tell me the remedies I can take
1- can I cancel my sponsorship for his PR
2- Can I report that his intention to marry me was malafide

please tell me with all I can do to revoke his PR and send him back to my country

do not travel to canada when all is not settled yet. the first thing to do is report him to the nearest embassy and that you are dropping him as your dependent. wait for the reply before making any move
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
You should definitely let immigration know about him but like I said, he had been examined and his visa has been issued so they may not revoke his visa even if you ask them.

You do however have another option. As you are the principal applicant, you must land before him or you land together. He can not land unless you land. You can tell him that you know that he used you to get PR so you are going to make sure that neither of you gets PR by not landing yourself. Then cut off communication with him so he will not be aware of your plans and only land on the last day of your PR visa. Of course he might figure out that you are doing that and land on the last day as well, he might still make it if he lands after you.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
If he tries to land before you, he will possibly use up his "once use only" visa to travel.
I'm not sure what would happen then...
 

lady2005

Full Member
Aug 22, 2013
25
0
and if I may summarize what I understand from all the answers is that there is no way that the visa that has been issued to him be revoked but I may be able to deprive him of the PR by only one i.e. to land on the very last day so he may not be able to make it or he has very low chances to do so

secondly there is also one more concern that currently he entered Canada on a multiple entry visit visa so he must leave within six months of entry but what happens if he remains beyond that six month time
 

scylla

VIP Member
Jun 8, 2010
95,843
22,110
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
lady2005 said:
and if I may summarize what I understand from all the answers is that there is no way that the visa that has been issued to him be revoked but I may be able to deprive him of the PR by only one i.e. to land on the very last day so he may not be able to make it or he has very low chances to do so
Yes - that's correct.
 

scylla

VIP Member
Jun 8, 2010
95,843
22,110
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
lady2005 said:
secondly there is also one more concern that currently he entered Canada on a multiple entry visit visa so he must leave within six months of entry but what happens if he remains beyond that six month time
If he remains beyond the six month time, then he will be in Canada without status (illegally).