PR Card and divorce

[dont123]

Dear Sir/Madam,

I landed last year first time in Canada. I have PR card.

My wife is demanding me divorce and i am very worried.

1.Do you I need another visa to live in Canada permanently?
If yes, then what/when visa I need to apply?

2.Will divorce will make any problem/negative effect for getting next visa/nationality ?

Please advise.

Many thanks and best regards

 

[pinklady]

No, you are a PR now so even if you divorce you can stay without getting another visa. You just need to renew your PR card before it expires.

She is responsible for you for 3 years though, as per the sponsorship agreement. If you claim any benefits she will be responsible for paying them back.

 

[dont123]

If someone has PR Card and If he/she claim benefits, will it make any harm on his/her next visa application?

 

[Jamgirl]

what do you mean by next visa application? are you planning to sponsor someone else?

 

[SweetG]

what do you mean by next visa application? are you planning to sponsor someone else?

Hhahhahaaa.... that was my question.....

 

[canadianwoman]

If someone has PR Card and If he/she claim benefits, will it make any harm on his/her next visa application?

Since you are now a PR, you can sponsor someone else. But a sponsor cannot be on welfare when they sponsor. So if you do claim benefits (go on welfare), you won't be able to sponsor as long as you are on it. Employment insurance is OK, though.

 

[dont123]

Well, one day I went to a immigration barrister in Toronto and explained the situation that I have PR Card.
I pay income tax and deposit enough amount to joint account for my wife usage. But my wife threat me for divorce and removal from country.

Immigration barrister said if she give you divorce then " you will be investigated but if they(Canadian immigration) believe you, then you will not be deported."

My question is that why I will be investigated ?
When I will be investigated?
Will I be investigated on application for separation/ application for divorce / application for citizenship?

Again confused...

 

[canadianwoman]

Well, one day I went to a immigration barrister in Toronto and explained the situation that I have PR Card.
I pay income tax and deposit enough amount to joint account for my wife usage. But my wife threat me for divorce and removal from country.

So your wife sponsored you, but now she wants to get divorced?
Many times when the marriage breaks down, the sponsor will threaten to report the newly arrived spouse for marriage fraud. But since it is your wife who wants to break up, it does not really sound like marriage fraud. Now if you arrived, got your PR card, then immediately left your wife and demanded a divorce, then yes, it would look like marriage fraud.

Immigration barrister said if she give you divorce then " you will be investigated but if they(Canadian immigration) believe you, then you will not be deported."

Many people do report their spouse for marriage fraud, but in almost all cases the Canadian government does nothing, or investigates a bit but then says it is impossible to prove. Marriage fraud is difficult to prove. Even in cases where it seems obvious to others that marriage fraud took place, the gov't still does nothing. So most likely nothing will happen to you, you will not lose your PR, and you can eventually sponsor someone else and become a citizen if you like. This is as long as you did not lie on the application - if you did lie, and it was something serious, then if your wife knows about the lie and reports it, you could lose your PR. This would be for something like having a child back home that you did not declare, or having a criminal background you did not declare.

My question is that why I will be investigated ?

Your wife is probably claiming your marriage was fake. However, it is difficult to prove. If she has no evidence, CIC will do nothing. Even with evidence, CIC usually does nothing.

When I will be investigated?
Will I be investigated on application for separation/ application for divorce / application for citizenship?

If they did an investigation, it would be soon, or as soon as the backlog of cases allowed.

Unless you lied on the application for the PR visa, I doubt you have anything to worry about.

 

[Jamgirl]

BUT, if you are all ready to sponsor a next spouse, you will need proof of relationship from the past and if that past overlaps with this marriage, then it will show fraud... Does your wife want a divorce because you are in a new relationship with someone else? Or are you trying to sponsor a family member? I am trying not to make assumptions....

 

[dont123]

Be honest I have no new relation ship . We have a baby , boy born in Canada.
From start she was agreed to that I will sponsor my parents, but because I have standard labour income, we can cannot save enough it is not possible to sponsor them, but at the moment i am not willing to sponsor my parents.
Now situation is that she does'nt want to sponsor my parents.
I do not want take divorce.I don't want to spoil my son life, I always try to manage the problems with patience.
but she threats me that she will get divorce and will remove me from Canada.She try to beat me, but when this start i leave home.
Her Relatives also interfere and threat me. I feel my self a victim of mental torture and domestic violence.
But i can bear all this for my son good parenting and hope might she become good with.

My all questions are about to safe my self from Canadian Immigration surprises. So, I could focus on hardworking labour and giving best family life to my family.

 

[fernendez]

Be honest I have no new relation ship . We have a baby , boy born in Canada.
From start she was agreed to that I will sponsor my parents, but because I have standard labour income, we can cannot save enough it is not possible to sponsor them, but at the moment i am not willing to sponsor my parents.
Now situation is that she does'nt want to sponsor my parents.
I do not want take divorce.I don't want to spoil my son life, I always try to manage the problems with patience.
but she threats me that she will get divorce and will remove me from Canada.She try to beat me, but when this start i leave home.
Her Relatives also interfere and threat me. I feel my self a victim of mental torture and domestic violence.
But i can bear all this for my son good parenting and hope might she become good with.

The above clearly shows you have misplaced priorities and I am sorry to say that my conclusion is that you are interested in immigration and nopt your home even thouigh you have successfully painted it as if you are been victimized or ill treated by your wife. To any good thinking person, your home shoukld come first. Things should come in stages, my assumption is that you seem to be pushing the case of sponsoring your parents and she is not happy with that at this minute. What you should ideally do is mend fences with her as no WOMAN is totally unreasonable. Make her see your plans for your family and later talk about the sponsorship and see if things will not work out. The Ideal of sponsoring your parents is too early as you have not even found your feet in CANADA. I have a feeling you are from a particular continental where issues of divorcing shorthly after getting to Canada is eampact due to immigration benefits as there always appear to be no love in the first place.

 

[dont123]

I take your advise. But there are many issues in our married life that i can bring on website.
Because this web site has public access.

 

[dont123]

correction = I cannot bring on this web site due to public access.

 

[Jamgirl]

Without knowing you personally or your wife, it is hard to make a judgment... we all here are sensitive to fraud... with that being said, we all to are aware of spousal abuse and using the threat of deportation over one's head, more commonly of a man against a woman. But it is still possible for a woman to abuse a man and threaten things in the same way....

I hope that you are a true person and that you are not using this forum as a means to commit further fraud. If in fact you are a victim, then I am sorry for you. The facts are this... if you are a law abiding citizen, you can only lose your PR status if you are found guilty of fraud or any other crime, or if you do not live in Canada for 3 out of 5 years that is stated on the government website. Once you have completed this time, you can then apply for your citizenship. You do not have to reapply for another PR or visa from this point forward. I hope for the sake of your child, your own flesh and blood, that you are true to him first before any other. I wish him luck....

 

[dont123]

Is there any method to send Private Message OR Email to discuss matter safely ?
Because I am having more serious issues and I could discuss problem in more detail, especially the things that happened in past and repeatedly happening now.
Second close friend are advising that I don't take first a step for separation.
I need to stay claim.
If she abuse/hit me I need to report to police.
If she want to apply for separation then let her do.