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Is my PR status be affected if....?

Jaye07

Newbie
Jun 25, 2014
5
0
Hello there!
Me and my kids were just new here, we are landed immigrants as they say and we arrived last February, 2014.
We had some personal issues in the family and we are thinking of moving out from the house my husband who sponsored us is renting. My husband is willing to support us still even if we'll move yet we are still in the same town. We are not yet planning for divorced or legal separations but we agreed and wanted this space from each other. My questions are?
1. Will it cause us problems particularly in our status as permanent residents?
2. Can we be deported to our home country because of that?
3. The CCTB of my kids are still in process and we're not receiving anything yet, will it cause a problem to it too?
As a mother I don't want to take the future of my kids at risks so please enlighten me..
Thank you and God bless
 

BigBee

Hero Member
Oct 10, 2013
705
15
Jaye07 said:
Hello there!
Me and my kids were just new here, we are landed immigrants as they say and we arrived last February, 2014.
We had some personal issues in the family and we are thinking of moving out from the house my husband who sponsored us is renting. My husband is willing to support us still even if we'll move yet we are still in the same town. We are not yet planning for divorced or legal separations but we agreed and wanted this space from each other. My questions are?
1. Will it cause us problems particularly in our status as permanent residents?
2. Can we be deported to our home country because of that?
3. The CCTB of my kids are still in process and we're not receiving anything yet, will it cause a problem to it too?
As a mother I don't want to take the future of my kids at risks so please enlighten me..
Thank you and God bless
AFAIK,

1. No problems, you are on your own with your PR status
2. No, you will not be deported to your home country
3. I am not sure about CCTB, but most likely you will get what you are entitled for based on you and your spouse income, if you are legally separated, then it would be based on your income and it also depends on whether the children will be under your care or not.

I certainly have no rights to talk about your family situation and the future of the kids and leave it to you to decide which is best for them.

Good luck...
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
Jaye07 said:
Hello there!
Me and my kids were just new here, we are landed immigrants as they say and we arrived last February, 2014.
We had some personal issues in the family and we are thinking of moving out from the house my husband who sponsored us is renting. My husband is willing to support us still even if we'll move yet we are still in the same town. We are not yet planning for divorced or legal separations but we agreed and wanted this space from each other. My questions are?
1. Will it cause us problems particularly in our status as permanent residents?
2. Can we be deported to our home country because of that?
3. The CCTB of my kids are still in process and we're not receiving anything yet, will it cause a problem to it too?
As a mother I don't want to take the future of my kids at risks so please enlighten me..
Thank you and God bless
Hi

You say "my kids". Is your husband the biological father? How long have you been in the relationship? When did you file your PR application?

I ask because there is a conditional PR rule that requires some couples to cohabit for at least 2 years after the sponsored spouse lands as a PR. If the children aren't his and you have been in the relationship for less than 2 years, then your PR status could definitely be at risk.

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

Leon

VIP Member
Jun 13, 2008
21,950
1,324
Job Offer........
Pre-Assessed..
In order to determine if you are subject to the condition of staying with your husband for at least 2 years after getting PR, you can look at the following questions:

1) Did your husband get PR at the same time as you? If the answer is yes, then he did not sponsor you and you are not subject to that condition.

2) If the answer to 1) is no, then your husband sponsored you but then the 2nd question is, were you married for more than 2 years when you applied or did you already have children when you applied? If the answer is yes, then you are not subject to that condition.
 

Jaye07

Newbie
Jun 25, 2014
5
0
Thank you very much for those replies.
We've been married for almost 22 years, He is the biological father of our kids.
He was the one who sponsored us I believe, because we are under family sponsorship category,
applied as provincial nominee then went up to federal to get PR visas..
He get his PR status when he went to the boarder and reported there last quarter of 2013.
One of our children had it last Nov 2013,because he went here ahead of us and then, me and the other kids had ours last Feb.2014.
Thanks again and God bless!
 

Leon

VIP Member
Jun 13, 2008
21,950
1,324
Job Offer........
Pre-Assessed..
Jaye07 said:
Thank you very much for those replies.
We've been married for almost 22 years, He is the biological father of our kids.
He was the one who sponsored us I believe, because we are under family sponsorship category,
applied as provincial nominee then went up to federal to get PR visas..
He get his PR status when he went to the boarder and reported there last quarter of 2013.
One of our children had it last Nov 2013,because he went here ahead of us and then, me and the other kids had ours last Feb.2014.
Thanks again and God bless!
If he included you on his PR application as his family members, then you were not sponsored. If he got his PR first and then applied to sponsor you, then you were sponsored. In any case, it is not important if you were married that long because then you are not subject to condition 51 anyway and there is no risk to your PR if you get divorced.
 

Jaye07

Newbie
Jun 25, 2014
5
0
Thank you for taking time to reply.
Yes. he included us in his PR application. We had the same issuance date in our visas.
If there will be no effect on our PR status, does it mean that there will also be no effect "if ever" in renewals/citizenship applications in the future?
Thanks again and God bless
 

Leon

VIP Member
Jun 13, 2008
21,950
1,324
Job Offer........
Pre-Assessed..
Jaye07 said:
Thank you for taking time to reply.
Yes. he included us in his PR application. We had the same issuance date in our visas.
If there will be no effect on our PR status, does it mean that there will also be no effect "if ever" in renewals/citizenship applications in the future?
Thanks again and God bless
Absolutely no effect. You are both PR's in your own right and each of you is responsible for meeting their own residency obligation to keep PR or to apply for citizenship if that is your wish.
 

Jaye07

Newbie
Jun 25, 2014
5
0
Thanks again for the informations..

My questions now were....

What are my responsibilities now to the government..I mean, okay, we were separated..
1. Do I have to inform the government that we were separated?
2. What can be possibly done to have his support if ever he refuse to support my kids at least.
3. Where can I ask for help or assistance on this matter..

Thanks again,,God bless
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


Jaye07 said:
Thanks again for the informations..

My questions now were....

What are my responsibilities now to the government..I mean, okay, we were separated..
1. Do I have to inform the government that we were separated?
2. What can be possibly done to have his support if ever he refuse to support my kids at least.
3. Where can I ask for help or assistance on this matter..

1. No, you just show it on your income tax return.
2. Hire a family lawyer, learn your rights.
3. Local free legal clinic or contact lawyer specializing in family matters.
4. Probably eligible for child support (for those living with you) spousal support depending on his and your income.

Thanks again,,God bless