Is my husband is using me for immigration?

[jadianna]

So I sponsored my husband to come to canada and we got married here in 2013. Now the marriage has broken down and I want a divorce. When he got his landing the immigration officer had said we had to stay together for 2 years before we could separate or he would have to be deported. That 2 years would expire august next year. We visited a local immigration Lawyer and he said the laws had changed and it's fine he can stay here as long as he wants. At first I wasn't wanting him to get deported, but now he's trying to take my house and leave me with mounds of credit card debt that we share. So I wouldn't mind if he was. What is the law? Can he be deported if we separate now or not? Also, we both called the immigration canada hotline and they said he would have been deported. So now I'm wondering which version is the truth. Please help me!

 

[scylla]

The Conditional PR rule is still in place. While the Liberals have promised to do away with this rule - they haven't done this yet.

If your husband has conditional PR, then he technically needs to remain with you for two years after landing in order to keep his PR status. If he fails to do that, you can report him to CIC. It will be up to CIC whether he is removed from Canada or not.

 

[profiler]

Here is the changes to Condition 51: http://www.gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg1-eng.php

They have yet to be enacted. It does look like they might be retro-active (meaning anyone who has the condition at the time of the change will have the condition lifted). Therefore, once they have finished collecting public opinion, they will work to enact the law. That won't happen for another couple weeks at least.

 

[jadianna]

So how long before this new rule is enacted?

 

[profiler]

So how long before this new rule is enacted?

Hard to say. It's in the Gazette, which means it will have to pass 30 day public review period (it was entered into the Gazette on Oct 29). It could be modified based on public feedback after Oct 29, or it could just be enacted as is (if the public feedback was generally positive).

So, if you are not living with him, and you want to have CIC look into it for you, you need to report that ASAP.

 

[jadianna]

We still live together. I literally just filled the seperation papers today. My problem is he doesn't want to move out until he's saved up to buy a house and to me that's ridiculous. I don't want to live with my ex husband for another 2 years. And he makes way more than me, he doesn't want to pay me any spousal support and I said fine. I said I'd pay off all our debt and he can have the furniture but he doesn't want to move out. It's giving me high blood pressure. He can more than afford to go rent somewhere.

 

[profiler]

We still live together. I literally just filled the seperation papers today. My problem is he doesn't want to move out until he's saved up to buy a house and to me that's ridiculous. I don't want to live with my ex husband for another 2 years. And he makes way more than me, he doesn't want to pay me any spousal support and I said fine. I said I'd pay off all our debt and he can have the furniture but he doesn't want to move out. It's giving me high blood pressure. He can more than afford to go rent somewhere.

I wish I had better news for you. Unfortunately there is no violation of Condition 51 unless there is clear evidence of abuse. I would seek legal advice about enforcing the separation.

 

[jadianna]

What do you mean? What's condition 51? I was the one who sponsored him.

 

[profiler]

What do you mean? What's condition 51? I was the one who sponsored him.

On his PR paperwork there was a condition to reside together for two years (which is what the Immigration Officer told you about). That's known as Condition 51.

 

[jadianna]

But isn't there a violation if we get divorced?

 

[profiler]

But isn't there a violation if we get divorced?

You have to reside together is all Condition 51 states. It doesn't state that you have to be in a relationship.

A separation is exactly that, you have to be physically apart. What is the likelihood that you will be divorced by August (considering you must be separated for a year before you can file for divorce)?

If you move out, or he does, then Condition 51 has been violated...

 

[Rob_TO]

You have to reside together is all Condition 51 states. It doesn't state that you have to be in a relationship.

Yes it certainly does state exactly that.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-72.1.html
72.1 (1) Subject to subsections (5) and (6), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.

A "conjugal relationship" means that they are living together as a couple. Living together as a separated couple and not in a conjugal relationship is a clear violation of the rule. If she wants to see if his PR can be taken away, she needs to report him immediately. Of course no guarantee how CIC will proceed here.

 

[canadianwoman]

The marriage has broken down, and they want to get divorced, so Condition 51 has been broken, even if the husband refuses to leave the house. The OP should report the marriage breakdown to CIC as soon as possible. The husband can be deported for failing to fulfill Condition 51. However, we do not know what exactly CIC does in these circumstances. Report it to them, and then let them decide what to do.

However, you really need to talk to a family law lawyer, and not the same one you and your husband spoke to. Even if the marriage breaks down, the family home may be divided between the two spouses. It does not matter who paid for it. You should not agree to pay off all the debt - this should also be divided. If what was originally your house is going to be divided, the debt should be as well.

 

[samola10]

thank you Canadianwoman,
you just spoke my mind, what is good for the goose is also good for the gander.
I imagine how some men and women thinks about this word relationship. its really depressing reading things like this about some marriages and relationship.
why are we so selfish and insensitive to one another ???
do we not tell each other we love you??? so what has come on us in evil all of a sudden???
well i think its better this person get a better lawyer to fight this out with her husband and cic to teach other evil minded person.
thank you

 

[jadianna]

He called and spoke to them. And told me what they said. I did the same. Saskatoon