Just Landed 2 months ago my wife the sponsor wants a divorce.

[scos]

Regardless of staying or going there is the issue of divorce. This alone entails a lawyer.

 

[costaudjoe]

Sadly he is in for some tough times ahead.

 

[divorceproblem]

Just read the rules on conditional permanent residence. It seems IF he can prove the marriage was legitimate and just broke down then he can stay and the 3 year sponsorship still exists. But you can be sure she will be trying to prove the opposite. And given the very short duration of cohabitation, I think the burden of proof will be on him.

No she will not try to prove anything or try to get me out and give me problems. This is very sad to me, I don't know why but it just is. It can be a very hard thing on men these days. i dropped some weight for sure and sleepless nights!

She knows I won't go ask for social help since I do have money. She is not worried about that at all.

Thank you all!

 

[Leon]

You can relocate to back home but if you want to stay in Canada, you should. This is a new rule and we have absolutely no idea how these cases will be handled in the future because it hasn't happened yet.

Surely, they do not have the manpower to chase up each and every sponsored spouse after their 2 yrs. of PR so I am about 99% sure that they will only examine you like they examine people for residency requirements and that is mainly when you renew your PR card or possibly if you apply for citizenship.

You can stay in Canada and work or do what you want until then and when the time comes they may want to do something about it, we will see what happens. Sometimes marriages break down on their own without anyone being at fault. It is possible that they don't go after you and it is possible that they will but you might win an appeal, especially if you are living in and are well established in Canada.

I am sure there will be many appeals in 2 years when they start revoking peoples PR's. Of course there is also the possibility that during the next 2 years, you will be in a new relationship or that you will be in a job where the employer will want to sponsor you if you lose your PR. Nobody can tell the future.

As for the 3 years that the sponsor is financially responsible for their sponsored spouse, I see no mention of anything in the new rules lifting that. It has in the past been very difficult for sponsors to get out of this responsibility, even when they have clearly been victims of marriage fraud and I don't see that with the new law it will be any different.


Edit: I see that the link also provides the definition of neglect, being that your sponsor refused to provide you with food, shelter and clothing. If your wife was the one who wanted the divorce, I think you could also make a point that she refused to provide those things to you

 

[divorceproblem]

You can relocate to back home but if you want to stay in Canada, you should. This is a new rule and we have absolutely no idea how these cases will be handled in the future because it hasn't happened yet.

Surely, they do not have the manpower to chase up each and every sponsored spouse after their 2 yrs. of PR so I am about 99% sure that they will only examine you like they examine people for residency requirements and that is mainly when you renew your PR card or possibly if you apply for citizenship.

You can stay in Canada and work or do what you want until then and when the time comes they may want to do something about it, we will see what happens. Sometimes marriages break down on their own without anyone being at fault. It is possible that they don't go after you and it is possible that they will but you might win an appeal, especially if you are living in and are well established in Canada.

I am sure there will be many appeals in 2 years when they start revoking peoples PR's. Of course there is also the possibility that during the next 2 years, you will be in a new relationship or that you will be in a job where the employer will want to sponsor you if you lose your PR. Nobody can tell the future.

As for the 3 years that the sponsor is financially responsible for their sponsored spouse, I see no mention of anything in the new rules lifting that. It has in the past been very difficult for sponsors to get out of this responsibility, even when they have clearly been victims of marriage fraud and I don't see that with the new law it will be any different.


Edit: I see that the link also provides the definition of neglect, being that your sponsor refused to provide you with food, shelter and clothing. If your wife was the one who wanted the divorce, I think you could also make a point that she refused to provide those things to you

Thank you for the kind reply Leon I see you are a very popular person on the website!

Yeah but if she refuses, and wants out then it's bad. But she doesn't care to hurt me for it and all. So that is good. I do have savings.

 

[zardoz]

Road, rail or foot?

 

[confrentis]

i guess there' s no difference if it was Inland or Outland. I think you need to sort out your marriage. You chose to marry each other. I just think it is important step in your life. And your spouse has a responsibility for that step. It's not she/he who is living native country. Which I think is a big step too.
If there's nothing to fight why is it a problem to come back?
I think if I were you I would go back to Europe - not the worst place to live, you know. If you managed to have savings for the next 5 years, sounds like you had a good position at work. Why do you hesitate you won't find another job? New challenge will help to cure your broken heart

 

[orly]

Ya for sure he has the short end of the stick.

Which is why this rule will be struck off the first time it is actually challenged in a court.

It's not reasonable for people to come to Canada, settle, integrate, get jobs, move their assets and money over etc and then be told some time down the road to just get out because of no fault of their own.

 

[ProGuard]

Sorry to say but CIC will definetly be on the side of the Canadian Sponsor. CIC will likely hear your case but the chances of them believing an immigrant's story of a sponsor just up and saying ''dont want you need my life back cya'' will be pretty difficult, no doubt they will be hard-pressing to you and they WILL try and get you back to your country in a respectful manner, thats just CIC, especially if you have no ties within Canada and are likely to take help from government resources. Being a former Immigration lawyer's administrator I have seen this type of thing to many times. I agree with the above posts you should get a lawyer immediately.

 

[Vats]

means if he has filed before 2012 he can stay there?
one of my friend have opposite problem means he merried with girl form india and apply for PR for her. while she get PR she didnt come to his place, instead she go to some other location in CANADA and living there with someone else. but the case is of 2011.

 

[niana.j]

the sponsor can still get her removed by informing the CIC..or he can just chill and enjoy the dowry he got..hope it was a lot. 8)

means if he has filed before 2012 he can stay there?
one of my friend have opposite problem means he merried with girl form india and apply for PR for her. while she get PR she didnt come to his place, instead she go to some other location in CANADA and living there with someone else. but the case is of 2011.

 

[chris_z77]

"I understand that the undertaking remains in effect no matter what may change in my life. For example, if I am divorced, change jobs, become unemployed, and/or go back to school, I will still be responsible to the sponsored person and his or her family members I am sponsoring or for whom I am co-signing."

This is what she signed for. It is mentioned in the form IMM1344E. However there is the new conditional permanent residence measure.
If you write the government explain your situation, you have a pretty big chance of being understood and you can keep your P.R. just because you were honest and gave them the decision about your P.R.
I am sure if she is the one who is asking for a divorce, you can stay and she will stay responsible for you for the remaining period of the undertaking.
If you get a divorce and hide away you will be paralyzed for 2 years with a big chance of being caught and departed.

The best option is: be a man and make a stand. give your wife the option, either you both try to save this marriage, let's say try it for 2 years or she stays on her decision with a divorce right now and she risk of a lot of things, one of them is you asking for social assistance. Believe me, if you want to be a as half as heartless as she was, she has a lot more to loose than you!

If she still insists on a divorce, write the government and explain your case. Tell them that you have enough money to support yourself and I'm sure there will be no problem to keep your P.R.

 

[keesio]

means if he has filed before 2012 he can stay there?
one of my friend have opposite problem means he merried with girl form india and apply for PR for her. while she get PR she didnt come to his place, instead she go to some other location in CANADA and living there with someone else. but the case is of 2011.

What happened to your friend is exactly the reason why they made that new law. Unfortunately it won't help him because the law was passed after he applied.

 

[truesmile]

the sponsor can still get her removed by informing the CIC..or he can just chill and enjoy the dowry he got..hope it was a lot. 8)

Maybe!

I'm not so sure it will work as simply as that. If he starts working and contributes to society . . . he will ended up staying unnoticed.

 

[Vats]

Yes but he need to take divorse and initially he didny take step now afriding
Withiut that he cant remarriage or sponcer again to anyone