marital issue with spouse for new PR

[overseagal138]

I have been married to my spouse for over 8 years, I only recently got my PR bcos my spouse lied that he had submit my PR. Anyway, in short, while I was filing for my PR, I found out that the spouse I lived with is a compulsive liar. We have kids together and they are Canadian. I am planning to file a separation with him (I couldn't live with a liar). Being that I just got my PR, will there be a problem? My kids are still young and I definitely can't bring them back home.

 

[CDNPR2014]

does your PR have "condition 51" attached? Condition 51 states if a couple have been married for less than 2 years or did not have children together prior to their application being submitted, then they must cohabitate for 2 years after approval.

Based on your post, you were married more than 2 years prior to submitting the application (it is unclear when your children were born), so the condition does not apply to you. if the condition does not apply to you, then you are free to separate/divorce your sponsor without any risk to your current PR status. the real risk in this situation is for the sponsor, since he agreed to be financially responsible for you for 3 years after landing. if you apply for any type of welfare, he will be responsible for paying it back.

 

[overseagal138]

does your PR have "condition 51" attached? Based on your post, you were married more than 2 years and had children together prior to submitting the application, so the condition does not apply to you. if the condition does not apply to you, then you are free to separate/divorce your sponsor without any risk to your current PR status. the real risk in this situation is for the sponsor, since he agreed to be financially reponsible for you for 3 years after landing. if you apgroceries but any type of welfare, he will be responsible for paying it back.

Nothing written but as I remember filing my PR and stating that even though our financial are not good but will not go for assistance. So if I file for separation, I might need to use social service and housing. (I am not working yet obviously since I just got my PR.. I need to apply SIN, child tax etc). It is very disheartening living with a compulsive liar and even though he is a good dad but he lies about anything to everything. I cannot trust him. I am just lost what are my option. He is self employed but never give me any $$.

 

[overseagal138]

Nothing written but as I remember filing my PR and stating that even though our financial are not good but will not go for assistance. So if I file for separation, I might need to use social service and housing. (I am not working yet obviously since I just got my PR.. I need to apply SIN, child tax etc). It is very disheartening living with a compulsive liar and even though he is a good dad but he lies about anything to everything. I cannot trust him. I am just lost what are my option. He is self employed but never give me any $$.

I never wana cut him off totally since we both have kids together but I do like to have sole custody for my kids. I don't think a compulsive liar will give the kids the right influence

 

[CDNPR2014]

your COPR (landing document) would state whether condition 51 applies. it would be listed under the "condition" section on the paper.

regardless of what you do, when you don't have condition 51 attached, your pr status is secured and it can not be revoked because you are no longer living with or married to your sponsor.

it is your decision how to move forward.

 

[browning911]

If you go on welfare he will be responsible so my advice is to get yourself on a firm financial footing and save some money before you go out on your own. Best of luck.

 

[overseagal138]

I never wana cut him off totally since we both have kids together but I do like to have sole custody for my kids. I don't think a compulsive liar will give the kids the right influence

My kids were born 5-8 yrs ago. By right, I could be a Canadian if he file for my PR but he lied and didn't as he fear I will leave him. So much of lies that he been telling all these years, I never thought he is a liar, I just thought he is so unlucky & so many impossible things could only happen to him. Worst of all, his parents plays a part to hide his lies. I feel like a fool supporting him financially all these years before we move to Canada

 

[overseagal138]

If you go on welfare he will be responsible so my advice is to get yourself on a firm financial footing and save some money before you go out on your own. Best of luck.
[/quote

What is a firm financial footing?

 

[overseagal138]

your COPR (landing document) would state whether condition 51 applies. it would be listed under the "condition" section on the paper.

regardless of what you do, when you don't have condition 51 attached, your pr status is secured and it can not be revoked because you are no longer living with or married to your sponsor.

it is your decision how to move forward.

Thank you, feel more relieved since I still have 2 young kids to tend to. He will definitely not want me to bring them back home. I will definitely wana stay and look after my kids till they are older.

 

[browning911]

What is a firm financial footing?

That means you are employed in a job that will allow you to able to pay the monthly lease for your new residence and all expenses that come when you live alone with two kids.

Of course, your spouse will also have share the expenses for the support of the kids.

 

[canadianwoman]

If you leave him, you should get a lawyer. Custody of the children does not automatically go to the mother. If you end up with custody of the children, he has to pay child support.

 

[overseagal138]

If you leave him, you should get a lawyer. Custody of the children does not automatically go to the mother. If you end up with custody of the children, he has to pay child support.

Since I m not working, I have limited fund. Trying to see if I can get free legal aid. I m not sure about the system and still trying to figure. My main concern are my welfare of my kids.