Need Sincere Advice

[shahbaz.khan]

Hi All,

I really need your sincere advice and help in my case. I was married to Canadian citizen back in 2010 in India as i am an Indian citizen she sponsored me under family class. I got my PR in may 2013 so i just flew to Toronto for 2 weeks as i work in KSA. My family went on visit to toronto and did not return and forced me to leave my job and come to canada so I planned and moved to Toronto in Jan 2014 and stayed for at her place for 1 month only, due to unavoidable circumstances i had to leave Canada and went back to my country and i divorced her in India and I came back to KSA.

Do i need to inform the Canadian government that i have divorced her? if so how? I have a daughter as well and she is not letting me see or talk to her even though i am sending monthly expenses for my daughter. how should i approach the government in this scenario? I am currently in KSA and hesitant to go back to Canada as she is crazy. she even got me arrested on false allegations of hitting her which the police found to be false later and threatened to do the same everytime if I don't listen to what she says, anyways too many things happened. I have my PR card, health card, and I exchanged my UK license for Ontario one but unfortunately it went to my ex-wifes house which she is not willing to return along with all my other belongings.

My PR is valid till 2018 but my wife sponsored me so can she revoke my PR coz I divorced her? she threatened me that she would put immigration fraud case on me that i married her for immigration which is absolutely ridiculous but can she do that?

hoping that will not be the case do i need to be in Canada for 2 years to still retain my PR or can i not retain PR staying in KSA coz my child is a Canadian citizen?

I wanna fight for my child's custody but everyone told me i wont get her custody but only access and i am willing to pay for all her expenses but don't know how to approach in this case from KSA? She says she will inform the government that i abandoned the child and ran away and i will never be able to see my child.

Your advice is much appreciated.

 

[davek1979]

Not really too sure at what you can do. I would start with consulting a family lawyer with some knowledge of the immigration system.

 

[Awesomeg]

Hi All,

I really need your sincere advice and help in my case. I was married to Canadian citizen back in 2010 in India as i am an Indian citizen she sponsored me under family class. I got my PR in may 2013 so i just flew to Toronto for 2 weeks as i work in KSA. My family went on visit to toronto and did not return and forced me to leave my job and come to canada so I planned and moved to Toronto in Jan 2014 and stayed for at her place for 1 month only, due to unavoidable circumstances i had to leave Canada and went back to my country and i divorced her in India and I came back to KSA.

Do i need to inform the Canadian government that i have divorced her? if so how? I have a daughter as well and she is not letting me see or talk to her even though i am sending monthly expenses for my daughter. how should i approach the government in this scenario? I am currently in KSA and hesitant to go back to Canada as she is crazy. she even got me arrested on false allegations of hitting her which the police found to be false later and threatened to do the same everytime if I don't listen to what she says, anyways too many things happened. I have my PR card, health card, and I exchanged my UK license for Ontario one but unfortunately it went to my ex-wifes house which she is not willing to return along with all my other belongings.

My PR is valid till 2018 but my wife sponsored me so can she revoke my PR coz I divorced her? she threatened me that she would put immigration fraud case on me that i married her for immigration which is absolutely ridiculous but can she do that?

hoping that will not be the case do i need to be in Canada for 2 years to still retain my PR or can i not retain PR staying in KSA coz my child is a Canadian citizen?

I wanna fight for my child's custody but everyone told me i wont get her custody but only access and i am willing to pay for all her expenses but don't know how to approach in this case from KSA? She says she will inform the government that i abandoned the child and ran away and i will never be able to see my child.

Your advice is much appreciated.

When two persons get married is to have a life together, you were unfair to her since you married her and had no intentions to live with her, looks to me that you enjoy with her some good times since you stated that she has a child of yours. She is right, you abandoned her and you abandoned your daughter, the minimum that you can do is to be a man and continue to give the support that the child needs. When you divorced her you should have taken care of details as child custody and access, If you did not do that she is right when she denies that to you.
You abandoned her and your daughter and you never had intentions of have a family with her.
You don not need to do anything about abandoning Canada, it is irrelevant. Naturally, you will lose your rights of the permanent residence as you never had intentions of becoming a responsible husband and parent.
Yes, she can apply to revoke your residence because you failed to live with her for 2 years as stated by the law in Canada, that only provision in the immigration law make you good candidate to have your status revoked "The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident"
the law is very clear, and you did not lived with her for the required period of time, regardless of what it says in you Permanent Resident Card, she can apply and get your residence revoked.
And I don't believe that she is crazy, you have been an irresponsible husband and father, how do you expect her to react when you have abandoned her ? and your daughter ?
She is right if she denies you access to your daughter as you ran away and you abandoned both. Life is more than money, the least that you can do after you damaged her life and your daughter is to fulfill your monthly support payments.
I am a man, not a woman, and I have no sympathy for you at all.

 

[Obronibini]

Hi All,

I really need your sincere advice and help in my case. I was married to Canadian citizen back in 2010 in India as i am an Indian citizen she sponsored me under family class. I got my PR in may 2013 so i just flew to Toronto for 2 weeks as i work in KSA. My family went on visit to toronto and did not return and forced me to leave my job and come to canada so I planned and moved to Toronto in Jan 2014 and stayed for at her place for 1 month only, due to unavoidable circumstances i had to leave Canada and went back to my country and i divorced her in India and I came back to KSA.

Do i need to inform the Canadian government that i have divorced her? if so how? I have a daughter as well and she is not letting me see or talk to her even though i am sending monthly expenses for my daughter. how should i approach the government in this scenario? I am currently in KSA and hesitant to go back to Canada as she is crazy. she even got me arrested on false allegations of hitting her which the police found to be false later and threatened to do the same everytime if I don't listen to what she says, anyways too many things happened. I have my PR card, health card, and I exchanged my UK license for Ontario one but unfortunately it went to my ex-wifes house which she is not willing to return along with all my other belongings.

My PR is valid till 2018 but my wife sponsored me so can she revoke my PR coz I divorced her? she threatened me that she would put immigration fraud case on me that i married her for immigration which is absolutely ridiculous but can she do that?

hoping that will not be the case do i need to be in Canada for 2 years to still retain my PR or can i not retain PR staying in KSA coz my child is a Canadian citizen?

I wanna fight for my child's custody but everyone told me i wont get her custody but only access and i am willing to pay for all her expenses but don't know how to approach in this case from KSA? She says she will inform the government that i abandoned the child and ran away and i will never be able to see my child.

Your advice is much appreciated.

looks like you didn't have a plan on where to settle and the work seemed more important to you than family , I don't know how you intend to fight for child custody . You need the best lawyerin the world you can get . I feel a bit bad for your wife for going through that . Why did you apply for pr if you had no I intention of moving back anyways . I now see why cic need people to convince them of intent of moving back to Canada Etc. more experienced senior members may help

 

[shahbaz.khan]

Gentlemen,

Your are judging me based on vague info that you have, you all have no idea with what all she did so that i had to leave Canada immediately. We were married for 4 years and my intention was to move to Canada eventually but after sometime but she forced me in to it when i wasn't prepared, I didn't leave Canada with my choice i was threatened by her time and again and my brother in law was a cop, i was new to the country i was arrested once and didn't wanna sit in jail every time she calls police for things i didn't do plus she even called all my family and far off relatives and abused everyone with foul language anyways i can tell N number of things which lead to this...don't want to give more explanations on my part. I did not abandoned her or my child i went to my country with return ticket because my parents were worried for what all she did but after circumstances changed then decided not to go to Canada because like i said she was threatening me in India as well. I constantly mail and call her to see my child but she completely ignores me.

May be nobody will understand what situation was so please don't judge and just advise, Thanks.

 

[canuck_in_uk]

1. Do i need to inform the Canadian government that i have divorced her? if so how?

2. I have a daughter as well and she is not letting me see or talk to her even though i am sending monthly expenses for my daughter. how should i approach the government in this scenario?

3. I have my PR card, health card

4. My PR is valid till 2018 but my wife sponsored me so can she revoke my PR coz I divorced her? she threatened me that she would put immigration fraud case on me that i married her for immigration which is absolutely ridiculous but can she do that?

5. hoping that will not be the case do i need to be in Canada for 2 years to still retain my PR or can i not retain PR staying in KSA coz my child is a Canadian citizen?

6. I wanna fight for my child's custody but everyone told me i wont get her custody but only access and i am willing to pay for all her expenses but don't know how to approach in this case from KSA? She says she will inform the government that i abandoned the child and ran away and i will never be able to see my child.

1 and 4. If your PR application was received prior to October 25th, 2012, then you aren't required to inform CIC of the divorce and your PR status is safe. If your PR app was received after Oct 25th, 2012, then you are subject to Conditional PR. You are both required to inform CIC of the end of the marriage and your PR status will most likely be revoked.

2 and 6. You will need to hire a lawyer in Canada and go through the courts to sue for custody/visitation if she is refusing to allow you access to the child. Note that there is pretty much zero chance that a judge will give you custody/visitation rights outside of Canada, especially if you are living in KSA.

3. Health cards require a person to be resident in Canada for a minimum amount of time per year in order to qualify. It sounds as if you do not meet that requirement and therefore don't qualify for coverage; not informing provincial health care of that is fraud.

5. Your child's citizenship does absolutely nothing for you. You must still meet the PR residency obligation to retain your status.

 

[little_apple]

He probably doesn't have conditional PR because

He has been in a relationship with his sponsor for more than two years.

He had a child in common with his sponsor at the time of his sponsorship application.

http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp

It depends when he applied but I guess it was before October 2012 anyways (processing time New Dehli is around 12 months and he became a PR in May 2013) so he never received conditional PR

 

[CMLR]

Little-Apple is right it looks like this couple was married in 2010 and therefore were married several years as well as if the application went in before October 25, 2012 they did not have to live together for 2 years after PR.


Shahbaz.khan, I hope you find a way to move forward. That you do come to Canada so you can be closer to your child while they grow up. I am sorry the marriage ended that is always sad to see happen.

 

[shahbaz.khan]

Thank you all for your inputs, I applied for PR in 2011 from London, UK at CHC London as i was living there at the time so i believe those conditions doesn't apply to me. we were married for almost 4 years but my daughter was born after the sponsorship application.

I am willing to go back to Canada to support my child and see her grow but am a little scared as my brother in law is a cop and they might try to set me up to take revenge. will i receive any protection from the government?

I asked several of my acquaintances they advised even if the court grants me access to child still most ex-wife's gives you hard time to see or may not let you see the child. If i take my chances and go back and if she still doesn't let me see my child then what? is there any guarantee?

 

[Alurra71]

Thank you all for your inputs, I applied for PR in 2011 from London, UK at CHC London as i was living there at the time so i believe those conditions doesn't apply to me. we were married for almost 4 years but my daughter was born after the sponsorship application.

I am willing to go back to Canada to support my child and see her grow but am a little scared as my brother in law is a cop and they might try to set me up to take revenge. will i receive any protection from the government?

I asked several of my acquaintances they advised even if the court grants me access to child still most ex-wife's gives you hard time to see or may not let you see the child. If i take my chances and go back and if she still doesn't let me see my child then what? is there any guarantee?

Life never comes with guarantees. I can tell you that if you don't return to Canada the odds of you seeing your daughter grow and being part of her life are next to nil. The courts would never allow you to take her out of Canada. Unless you do something that is against the law, then your brother in law is not likely to help her 'seek revenge'. You could seek a court order against her once you are in Canada, but that will not only assist in stopping her from harassing you, it will also hinder your ability to freely interact with your daughter as you should because you won't be able to get near her mother, nor her mother near you.

My only advice to you is this. Return to Canada to be a part of your daughters life. If you do not, not only will you hate yourself at a later date for not doing it, she will also likely hate you for running from her. It won't matter to her the circumstances of why you left, it will only matter that you are gone. Work things out with your ex wife so that you two can at a minimum be in the same room to exchange pleasantries if only for your daughters sake. Having a relationship break up is never easy and it only gets harder when you add children into the mix. It now is up to you and her mother to be the adults here and realize that it is your daughter that matters and all that has taken place is in the past. Leave it there.

Best of luck to you.