New restriction on sponsorship: Conditional Permanent Residence

[notfromhere]

Is conditional permanent residence proposal has been already enforced as a law? If so, how to report the case?
I am currently living abroad (in the country A), where I met my future husband 5 years ago. He is junior 20 years. We got married in September 2008, applied for his PR status at the end of 2009, and my husband, sponsored by me, landed in Canada as a Permanent Resident in March 2011, alone with me. After landing in Toronto, he said, he had never any intention to live in Canada, and he then left Canada 1 week later. I also had to return to the country A, as I still had everything there: my job, my car, my bank account, etc. 12 days later after our return, he kicked me out of home, announcing that our “marriage” is over. We both live in the country A until this day, separately.
Our marriage turned out to be a fraud. Initially he didn’t have any intention to live in Canada either, and even started looking for someone, who could arrange for him “image of presence” in Canada. But in the lights of recent tightening of the immigration rules, he says he has decided to live in Canada (not sure if his intentions are genuine though), and is allegedly planning to relocate there in summer 2013 and to live there exactly as long as it’s necessary to get his citizenship. But as soon as he gets a Canadian passport, he will leave Canada immediately, forever. All he needs is a Canadian passport.
Moreover, he wouldn’t give me a divorce, as he wants to keep me around. I cannot file for divorce myself. At the same time, my-still-husband lives with another woman, his current girlfriend, who he moved with on very next day, immediately upon kicking me out of home.
What should I do to terminate my further sponsorship of this person? I wish his permanent resident status to be revoked. My main points:
1.We didn’t live together for 2 years after his landing , we “lived” only for 2 weeks, which were a nightmare, and a preparation for kicking me out
2. He is still residing abroad, 1,5 years after landing;
3. He has no intentions to live in Canada permanently. He might live there for some time just to get his citizenship and passport, and will leave immediately.
What are my steps to revoke his PR status?
Thanks.

 

[scylla]

Conditional PR is only at the proposal stage at this point. It has not been enacted as law. Since it hasn't been enacted, there is nothing to enforce. You can, however, try to report your husband for immigration fraud. No guarantee this will change anything - but you can try.

1. Information for reporting immigration fraud is provided here: http://www.cic.gc.ca/english/information/protection/fraud/report.asp. It's difficult to say what CIC will do. It's been a year and a half since he landed. So my bet is that they will do nothing at this point and he will be able to retain his PR provided he meets residency obligations.

2. As a PR, he has the right to live outside of Canada for 1.5 years (or longer). As long as a PR lives in Canada 2 out of every 5 rolling years, PR status can be maintained. This means that a PR can technically spent three straight years outside of Canada and still retain PR status.

3. To qualify for citizenship, a person must live in Canada for 3 out of the past 4 years. If they obtain citizenship and then chose to leave Canada, this is their choice as a citizen.

 

[backcountry]

I'm so sorry, you've been used like a piece of garbage for his gain. I'm not sure of the process, but I would definitely contact CIC to report fraud and give them all the details. If they don't do anything, I'd contact my MP, as well as the Immigration Minister, Jason Kenny. In fact, I'd probably just go ahead and notify all three at once. Again, I'm so sorry, that must be very painful.

 

[amikety]

I'm so sorry, you've been used like a piece of garbage for his gain. I'm not sure of the process, but I would definitely contact CIC to report fraud and give them all the details. If they don't do anything, I'd contact my MP, as well as the Immigration Minister, Jason Kenny. In fact, I'd probably just go ahead and notify all three at once. Again, I'm so sorry, that must be very painful.

I second the sympathy and urge you to contact your MP, your provinical Immigration Minister and Mr. Kenny. If you're willing to fight, it's possible he will have his PR revoked.

Also, if you have proof he used you for Immigration (texts, emails stating his intent, although living with a gf this quick is brow raising) you can also apply for an annullment in many areas. That would make the marriage null and void as if it never happened. Annullments are hard to get, but getting one would lend credability to your fraud charge.

*hugs* Take care of yourself.

 

[notfromhere]

thank you scylla for proiding the information. I will definitely follow the link and will do it. As for being qualified for the citizenship, if there is a proof that the person has no intention to relocate to Canada permanently. For instance, he has abroad his business running, the apartment is under his name, etc., meanign that he still has ties with his current country.
My point is maybe each of these 3 factors is weak by itself, but when combined, can draw a real picture of this person. All three factors clearly state that all he wants is Canadian passport, not even the country itself.
Thank you backcountry for understanding, and thanks for the advise to fight for the fairness and justice. Maybe I won't won this time. But my case will help to call closer attention to this issue.
I invite you guys, who has doubts that this issue is existing, to the Middle East. You will see how people are literally hunting for the potential spouses who could open to them a "Gate to Heaven". And the worst thing is they have no any intention to live in Canada. All they want is ANY western passport. Because guess what, your status, your position and your salary depend on your passport! Your Self-esteem, your pride and your ego - that is why they want "canadian" passport. they do not care about the country, they even don't understand WHAT they are doing! Their credo: "I try to solve MY issues in MY way". But WHY Canada? Because as of today this is the most accessible country in terms of immigration. And THIS must be ended.

 

[scylla]

thank you scylla for proiding the information. I will definitely follow the link and will do it. As for being qualified for the citizenship, if there is a proof that the person has no intention to relocate to Canada permanently. For instance, he has abroad his business running, the apartment is under his name, etc., meanign that he still has ties with his current country.
My point is maybe each of these 3 factors is weak by itself, but when combined, can draw a real picture of this person. All three factors clearly state that all he wants is Canadian passport, not even the country itself.

I hear what you're saying.

However when it comes to qualifying to apply for citizenship, all you have to demonstrate is that you have lived in Canada three out of the last four years.

Good luck. Hope things work out for you.

 

[amikety]

It's more than men in the Middle East. I can vouch for that (and these guys don't care if you're married either).

I would still fight it, especially if he decides to move to Canada. If he uses social assistance, you will have to repay it. He's already taken enough from you... and in order to legally maintain his PR, he must reside in Canada for 2 years soon.

I can't imagine how hard it is for you to think about turning him over for criminal fraud when you may still have feelings of love for him, but as you've said, you can help draw attention to the problem and potentially help others out in the same boat.

 

[notfromhere]

Thanks amikety
It’s not only about emotional feelings.. I have given to him a part of me. He is also a foreigner in this country where we are residing. When I met him, he had nothing. I helped him to organize his life. I gave him a shelter. I gave him a peace of mind, where he could start his business and focus on it. I helped him with his business too, as I am much more experienced and he couldn’t even speak English at that time, which is necessary for running a business in this country and having western clients. I gave him my knowledge and my experience.
I will fight for a justice. As I said, at very least, my case will be another proof of necessity of such law, and hopefully will help to implement this rule at the earliest.

 

[canadianwoman]

Report his marriage fraud to CIC and to the Canada Border Services Agency (to the Minister of Immigration and your MP too, if you want.) Make your letter as clear as possible, and offer whatever proof you have. The government probably will not do anything, but I still think you should report him. Then CIC will have his case on file, and if he tries to sponsor his new girlfriend later, he will have a hard time because of his fraud with you.

To keep his PR status, he has to stay in Canada 2 years out of every 5. Don't tell him. Maybe he will misunderstand the requirement, or not quite meet it, and will lose his PR that way.

If you have evidence he is trying to (or in fact later does) get someone to 'fake' his stay in Canada, report that to the CIC and Canada Border Services Agency too. They are interested in this type of immigration fraud, and will at least look at his application for citizenship closely.

 

[AnaMaria]

I am very sorry to hear your story. You definitely need to report. CIC is getting tough on fraudulent immigration. They went as far as revoking citizenship http://www.theglobeandmail.com/news/politics/ottawa-revoking-citizenship-of-more-than-3000-after-fraud-investigation/article4532222/ . The evidence for these cases may be different but they may do something not to give him citizenship, even if this is a remote chance. If you don't take action, nothing will stop him. Try to collect evidence as well, e.g. email and/or chat communications.

I might be very wrong but I thought divorce in Canadian system is easier. Is there any way to get divorced in Canadian system, not according to the regulations in your country of residence?

How emotionally stressful it would be, I encourage you to do the right thing. My heart goes out for you.

 

[sarinavene]

Hi,

Many people are not aware of the fact that a PR can live OUTSIDE of Canada for longer than the 3 years, in certain circumstances. The Canadian Immigration website states that, if the PR is accompanying their Canadian spouse, then whatever time they spend living outside Canada can be counted as time spent toward their PR residency requirement. This is not affected by the recent changes of CIC looking to revoke PR and citizenship from individuals who had "no intention of residing in Canada." If you are residing with your Canadian spouse in a foreign country, you are not considered in violation.

Now, for this present case, you mentioned that he kicked you out of the home and is living with someone else. If you can prove that he was in fact living with someone else, then technically he is not "accompanying" you in country A, so he may not be able to use that excuse. However, as someone pointed out, he is still within the PR residency obligation time frame, so if he moves back in summer 2013, then he doesn't need to prove that he accompanied you outside Canada.

Also, I see that you are considering divorce. Even if a relationship breaks down after PR is granted, then the sponsor (you) are still considered responsible for the person. So, CIC can still say that you have an obligation to support your husband. That is why the mandate you sign on the PR sponsorship application is so serious - it generally cannot be revoked, even when the marriage ends.

I'm sorry for what has happened to you, but I personally do not think there is a strong case for revoking his PR or denying him citizenship. As long as he lives in Canada for 2 out of every 5 years, then he is considered as fulfilling his PR residency obligation. They will unlikely consider the fact that the marriage has broken down. Yes, report the case, by all means, but as long as he does his residency, there is not much they can do.

 

[canadianwoman]

Many people are not aware of the fact that a PR can live OUTSIDE of Canada for longer than the 3 years, in certain circumstances. The Canadian Immigration website states that, if the PR is accompanying their Canadian spouse, then whatever time they spend living outside Canada can be counted as time spent toward their PR residency requirement.

This is true, so make sure you get and keep proof that you and he are not living together and are no longer in a relationship. He can only keep his PR (while staying outside of Canada for more than 3 years out of every 5) if he is staying with you. Make sure you have evidence he is not staying with you.

 

[backcountry]

I understand what others are saying, that CIC may not do much, and perhaps that's true, but I can't help but wonder if they may do something if you can prove that he basically ended the relationship/marriage within mere weeks of landing. Were I in your shoes, and if at all possible, I'd bait him via email with discrete yet carefully worded emails which may prompt him to answer in such a way as to reveal his true intentions. I might write him something like...

"In order for me to move on with my life, to gain closure, emotionally, I just need some honesty and hope you'll grant me that, at the very least. I understand your desire for Canadian citizenship, perhaps if I were in your shoes, I'd want it as much as you do, but I'm asking you to please just answer my questions so that, as I've said, I can close this chapter of my life with some degree of understanding about what went on between us, because as it is, I'm still confused and hurt.

Did you ever love me, or was I always a means to an end, that end being Canadian Citizenship? When you decided, immediately after our coming to Canada for you to gain your Landed Status, that it was over between us, was that something you'd decided long before, or had you only recently decided you didn't want to make things work with me?

I just need closure, to heal from this wound, and I'm hoping you'll help me attain it by at least being truthful me. That's all I need, the truth. It's so hard wondering..."

Now, he may not fall for it, he may see right through your attempt, but if you can get anything via email which supports the fact that he fraudulently used you, it might be worth a shot.

 

[amikety]

I support backcountry's idea entirely. It's rare a spouse gets deported and PR taken away, but it has happened. I'd fight for it until there was nothing left.

 

[canadianwoman]

Certainly report him to CIC and the Canada Border Services Agency. Just be prepared that they may not do anything. At the very least, though, even if they do nothing now, if he does come back and then tries to sponsor someone else, he will have problems doing so because of your report.