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irresponsible spouse/sponsor

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Canad1anAl1en said:
Sorry Rob_TO...you are wrong. as above. that's why I suggested keeping the diary, there are ways around the condition 51..it's not ALWAYS automatic.

If CIC enforce Condition 51, then by virtue, they believe the marriage was one of convenience (this was why 51 was enacted in the first place, to combat MOC), to enable the party to get PR, otherwise they lift condition 51 on application if the reasons for leaving the relationship are valid.
No you are not understanding Condition 51. This statement of yours is wrong - "you would lose your PR should CIC decide it was a marriage of convience"

You can still lose PR under condition 51 even if original sponsorship was genuine, and relationship broke down naturally.

In each case it's up to CIC whether to enforce it or not. It's not automatic, but thinking you are off the hook if your original relationship was genuine is very dangerous and wrong advice.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
Rob_TO said:
No you are not understanding Condition 51. This statement of yours is wrong - "you would lose your PR should CIC decide it was a marriage of convience"

You can still lose PR under condition 51 even if original sponsorship was genuine, and relationship broke down naturally.

In each case it's up to CIC whether to enforce it or not. It's not automatic, but thinking you are off the hook if your original relationship was genuine is very dangerous and wrong advice.
Agreed.
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Canad1anAl1en said:
Sorry Rob_TO...you are wrong. as above. that's why I suggested keeping the diary, there are ways around the condition 51..it's not ALWAYS automatic.

If CIC enforce Condition 51, then by virtue, they believe the marriage was one of convenience (this was why 51 was enacted in the first place, to combat MOC), to enable the party to get PR, otherwise they lift condition 51 on application if the reasons for leaving the relationship are valid.
You are 100% incorrect. Conditional 51 is given to every married / common law relationship that are less than 2 years. The only exception to this is if they have a child together. This is given to everyone that meet this condition regardless if they are MOC or not. Conditional 51 given by CIC does not mean CIC believe they are MOC.

Does this mean US believes every married couple who applied for green card through married are MOC? No it does not. All it does is help combat MOC. The only difference between Canada and US is those who are in MOC in Canada will still get PR because there is no follow up like US does. Conditional 51 is automatically removed. In US you would have to make an appointment with US immigration to remove the conditional green card. Conditional Green card is automatically lost unless you go through personal invasive questions. Once US immigration is satisfied that marriage was genuine, permanent Green card is granted.
 

Djl

Star Member
May 6, 2015
117
3
This thread really needs to stop as it really has nothing to do with why we are all here and to give advice and support to each other on our spouses who we are all eagerly waiting for! This sounds like an episode of the "DR. PHIL" show!!! Seriously if they have personal problems, they need to sort that out themselves....
 

ImABule

Champion Member
Mar 4, 2016
2,406
96
Ottawa, Ontario
Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
App. Filed.......
February 25, 2016
Doc's Request.
None
AOR Received.
March 24, 2016 AOR2 April 15, 2016
File Transfer...
SA April 5, 2016
Med's Done....
February 02, 2016
Interview........
Queue- August 29, 2016 Waived- November 15, 2016
Passport Req..
November 17, 2016 DM- November 18, 2016
VISA ISSUED...
November 29, 2016
LANDED..........
December 19, 2016
PBianca said:
PS.for me, The new President of The PH is better than the old one.
Agreed.

Duterte is awesome.


As for the actual topic of discussion, I agree with what most others are saying.. Either return to your home country or make it work somehow, but please stop posting soap opera on the forum..
 

Djl

Star Member
May 6, 2015
117
3
ImABule said:
Agreed.

Duterte is awesome.


As for the actual topic of discussion, I agree with what most others are saying.. Either return to your home country or make it work somehow, but please stop posting soap opera on the forum..



+1
 

soblue3

Hero Member
Apr 13, 2014
334
26
Category........
Job Offer........
Pre-Assessed..
AOR Received.
04-04-2014
File Transfer...
07-04-2014
Interview........
20-06-2014 denied Nov 1, 2014 application for appeal sent nov 15, 2014
Passport Req..
blue book received march 2015
this is a quote from the cic site..from the link i posted above

There are two exceptions to the application of the condition. It ceases to apply when there is evidence that the sponsor has died during the two-year period of conditional permanent residence. Given concerns about the vulnerability of spouses and partners in abusive relationships, the condition also ceases to apply in instances where there is evidence of abuse or neglect from the sponsor, or of a failure by the sponsor to protect the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household from abuse or neglect by another person related to the sponsor (whether the perpetrator is residing in the household or not) during the conditional period. For both exceptions, the sponsored spouse or partner must have lived together in a conjugal relationship with the sponsor up until the cohabitation ceased as a result of the death of the sponsor, or of abuse or neglect.

i really hope every person here will take the effort to educate themselves (specially since this is a serious situation)..dont be discouraged by harsh words from other members just read and get your information from valid sources.
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
soblue3 said:
this is a quote from the cic site..from the link i posted above

There are two exceptions to the application of the condition. It ceases to apply when there is evidence that the sponsor has died during the two-year period of conditional permanent residence. Given concerns about the vulnerability of spouses and partners in abusive relationships, the condition also ceases to apply in instances where there is evidence of abuse or neglect from the sponsor, or of a failure by the sponsor to protect the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household from abuse or neglect by another person related to the sponsor (whether the perpetrator is residing in the household or not) during the conditional period. For both exceptions, the sponsored spouse or partner must have lived together in a conjugal relationship with the sponsor up until the cohabitation ceased as a result of the death of the sponsor, or of abuse or neglect.

i really hope every person here will take the effort to educate themselves (specially since this is a serious situation)..dont be discouraged by harsh words from other members just read and get your information from valid sources.
In other words, 1: the sponsor died or 2: the sponsor abused the applicant either by mental or physical abuse. The onus is on the applicant to prove this. That mean having evidence to back this up.

There is nothing harsh about that. That's the only two exceptions to getting conditional 51 removed.
 

Djl

Star Member
May 6, 2015
117
3
soblue3 said:
this is a quote from the cic site..from the link i posted above

There are two exceptions to the application of the condition. It ceases to apply when there is evidence that the sponsor has died during the two-year period of conditional permanent residence. Given concerns about the vulnerability of spouses and partners in abusive relationships, the condition also ceases to apply in instances where there is evidence of abuse or neglect from the sponsor, or of a failure by the sponsor to protect the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household from abuse or neglect by another person related to the sponsor (whether the perpetrator is residing in the household or not) during the conditional period. For both exceptions, the sponsored spouse or partner must have lived together in a conjugal relationship with the sponsor up until the cohabitation ceased as a result of the death of the sponsor, or of abuse or neglect.

i really hope every person here will take the effort to educate themselves (specially since this is a serious situation)..dont be discouraged by harsh words from other members just read and get your information from valid sources.



Your exactly right! Get your information from valid sources such as an immigration lawyer or marriage counseling!! I agree this is a serious situation but it shouldn't be asked for advice on an immigration forum
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Djl said:
Your exactly right! Get your information from valid sources such as an immigration lawyer or marriage counseling!! I agree this is a serious situation but it shouldn't be asked for advice on an immigration forum
The advice from immigration lawyer would be the same for removal of conditional 51. The applicant would have to prove abuse or neglect from the sponsor in order to get conditional 51 removed.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
screech339 said:
The advice from immigration lawyer would be the same for removal of conditional 51. The applicant would have to prove abuse or neglect from the sponsor in order to get conditional 51 removed.
Agreed.
 
M

mikeymyke

Guest
Syndney.lassaline said:
I was wondering what happens to the spouse when they've sponsored someone who's at least been unfaithful emotionally.
Nothing happens. There's no "abuse" here by being unfaithful. It would have to be pretty severe physical or emotional abuse.
 

browning911

Champion Member
Mar 30, 2016
2,022
494
Toronto ON
Category........
FSW
Visa Office......
CPCMISS
App. Filed.......
30-03-2016
Doc's Request.
Redo IMM5406 and IMM5669 (Jan 2017)
AOR Received.
02-05-2016
Med's Request
00-00-0000
Med's Done....
27-06-2016
Interview........
00-00-0000
Passport Req..
00-00-0000
VISA ISSUED...
00-00-0000
LANDED..........
17-07-2017
ImABule said:
As for the actual topic of discussion, I agree with what most others are saying.. Either return to your home country or make it work somehow, but please stop posting soap opera on the forum..
+1
 
Sep 7, 2016
2
0
Ok so my partner that I sponsored is cheating over the Internet with multiple people, I feel like I have to put up with it cause I'm his sponsor. Is there any advise? He's sending them nudes as well as talking dirty with them.