PR STATUS ???

[Madelcar]

Hi!
I married in Canada January 2013, my husband (Canadian) wait to sponsor me until oct 2013, I got a Immigrant visa on Feb 2014, travel to be landed at march 04,2014. It was conditioned to two years of cohabitation with my husband. When I landed I stayed for a week and went back to my country to get rid of my job and house (mutual consent) came back definetely on aug 29, 2014. Things didnt went well and I move out on Feb 2017. I am in a divorce process at court. He wants an annulment of our marriage in order to avoid me be entitled to an equalization of the marriage home. He said he withdraw the sponsorship by march 2016 or at least 6 months before de condition would reach the 2 years. Since I moved I have updated, at Service Ontario and Revenue Canada, my address. Havent heard a word coming from Immigration. He has been delaying the divorce process and I think is because he might be waiting for immigration to act about my PR. How could I know if he did or not withdraw the sponsorship? Your help will be very much appreciated. Thanks!!!

 

[Bs65]

Maybe you need to consult an immigration lawyer but assume you read that the 2 year condition was repealed ? I do not have an answer for you but I would be surprised if a sponsor could withdraw sponsorship without your direct involvement, then again that’s my personal view.

https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/elminating-conditional-pr.html

 

[Buletruck]

He can’t cancel his sponsorship. The condition (51) was cancelled by the government last year. Besides that, that condition stopped applying to your PR by March 2016. Only the government can revoke your status, and if you haven’t heard anything by now, I doubt you will.
He is stalling! You have nothing to worry about. And an annulment doesn’t change the fact that there is division of property in a seperation/divorce/annulment.

 

[Wakki]

Hi!
I married in Canada January 2013, my husband (Canadian) wait to sponsor me until oct 2013, I got a Immigrant visa on Feb 2014, travel to be landed at march 04,2014. It was conditioned to two years of cohabitation with my husband. When I landed I stayed for a week and went back to my country to get rid of my job and house (mutual consent) came back definetely on aug 29, 2014. Things didnt went well and I move out on Feb 2017. I am in a divorce process at court. He wants an annulment of our marriage in order to avoid me be entitled to an equalization of the marriage home. He said he withdraw the sponsorship by march 2016 or at least 6 months before de condition would reach the 2 years. Since I moved I have updated, at Service Ontario and Revenue Canada, my address. Havent heard a word coming from Immigration. He has been delaying the divorce process and I think is because he might be waiting for immigration to act about my PR. How could I know if he did or not withdraw the sponsorship? Your help will be very much appreciated. Thanks!!!

Govt. as of Apr 2017 repeal the 2 year rule.
https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/elminating-conditional-pr.html


I guess the condition also no longer applies to sponsored spouses and partners who have already received permanent residence with the condition, including their accompanying family members and any sponsored family members.

Refer.....New regulatory amendments.......Effective April 18, 2017
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2017/640-april-28-2017.html

Timeline:

• Granted 2 year conditional PR – Feb 2014
• Landed as PR – March 04,2014
• PR 2 Year Conditional Ends – March 4, 2016
• Separated – Feb 2017

Under the previous 2 year conditional PR, If spouses did not cohabit and do not remain in their relationship within 2 years or landing, the sponsored spouse’s PR status could be revoked.

The 2 year condition should have been removed after March 4th, 2016.

Since you were still in the spousal relationship after March 4th, 2016 until Separated in Feb 2017, I guess you shouldn’t have any problem.

Not sure your husband could withdraw your PR after landing......If your hubby claim he withdrew your PR around March 2016..........please contact IRCC for clarification…....consult an immigration lawyer (and not an immigration representative) for HELP.
.

 

[Alurra71]

Once you 'landed' you were a PR. Your husband could've ONLY withdrawn his 'sponsorship' prior to you landing, which he did not do.

You have nothing to worry about and he is stalling for time or hoping you will get worried, which is working. Stop worrying. Your PR is safe and there is NOTHING he can do about it.

Best of luck to you.

 

[NorthwardCA]

I'm really sorry to hear about your situation. It sounds awful.

It's true that if you got Permanent Residence and Landed, he can't take that away from you.

At best he is lying to you and trying to scare you.

If you have ANY documentation about your PR (e.g. your PR card) then you can call CIC and verify your status directly with them. Even if you don't, I would call them so that you can confirm with them that you are landed, that you are getting divorced, that you have a new address - and to confirm that he has no control over your status.

Then you can build your own life and protect yourself from your ex's manipulations.

Good luck!

 

[Madelcar]

Thanks to all! By aug 2015 we started to have issues and he was served by ny lawyer asking for divorce, we cohabit under the same house and bedroom but everything was falling appart. By september 2015 he kick me out to another bedroom that was availbale (I had ask for this to him before but he rented all the house and I guess his lawyer made the recommendation) that might be the time to canceled the sponsorship and since then I havent heard anything. I understand law has change but I think my case was ruled by the old regulations, thats why I am worried.

 

[JulianaAndrew]

that might be the time to canceled the sponsorship and since then I havent heard anything. I understand law has change but I think my case was ruled by the old regulations, thats why I am worried.

You didn't understand, Madelcar. He couldn't have been able to withdraw the sponsorship, nor cancel it, it is impossible. Once you landed you became a PR, at that point the application was finalized and closed, and after that point it is impossible to cancel it, nobody can do that. You are a legitimate PR right now and it is almost guaranteed that it's not going to change. The 2 year cohabitation rule isn't a thing anymore, so you shouldn't worry about it. CIC isn't going to chase people for a rule that has expired, they changed it for a reason.

 

[Madelcar]

Thank you Juliana. Maybe I didnt asked correctly, my doubt is... he might have report to Immmigration that the relationship was over by 2015 (in his eyes, because we still live together until 2016) and because of the failure to the condition on my PR then CIC will review my status, I know they have a lot of work and might not open his request yet but Im quite sure if so Inwould have had a call or an email or a notice. Just want to make sure about it.

 

[JulianaAndrew]

Thank you Juliana. Maybe I didnt asked correctly, my doubt is... he might have report to Immmigration that the relationship was over by 2015 (in his eyes, because we still live together until 2016) and because of the failure to the condition on my PR then CIC will review my status, I know they have a lot of work and might not open his request yet but Im quite sure if so Inwould have had a call or an email or a notice. Just want to make sure about it.

I believe if that had been the case, you would have heard something by now.

 

[NorthwardCA]

Thanks to all! By aug 2015 we started to have issues and he was served by ny lawyer asking for divorce, we cohabit under the same house and bedroom but everything was falling appart. By september 2015 he kick me out to another bedroom that was availbale (I had ask for this to him before but he rented all the house and I guess his lawyer made the recommendation) that might be the time to canceled the sponsorship and since then I havent heard anything. I understand law has change but I think my case was ruled by the old regulations, thats why I am worried.

Madelcar,

Juliana is right.

• Your status is safe.
• Your PR remains valid regardless of what your husband says.
• Your husband cannot withdraw sponsorship after you landed in Canada.

Even if you do not have your Permanent Resident card and passport, either because they have been lost or because your husband is keeping them from you, you are still legally a Permanent Resident.

From what you say, it sounds like your husband is lying to you to keep you living in fear. That is abuse.

You are not the first, and the CIC understands that this happens. They can help you. Here is a link from the CIC website:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/abuse.html

From that page:

You don’t have to stay in an abusive relationship to keep your status in Canada.
The person who’s abusing you might tell you that​

• you’ll be deported or
• lose your children if you leave.

• Call 1-888-242-2100 to contact the IRCC Client Support Centre for information on your citizenship or immigration status.

I would encourage you to call the CIC and talk to a representative to make sure they have registered your change of address for your new home. This is important: you do not want your CIC correspondence to be intercepted by your husband, because from what you describe, it doesn't sound like he's interested in your well-being.

Give the CIC the details of your landing. They will confirm your status and tell you what you need to do to get the documentation you need so that you can maintain your own documentation about your PR status moving forward, and, if necessary, replace your card, etc.

Right now, your best bet in getting help and the answers you need is the CIC. Please call them.

Good luck.

 

[JulianaAndrew]

From what you say, it sounds like your husband is lying to you to keep you living in fear. That is abuse.

I agree 100% with this.

 

[canuck_in_uk]

Thank you Juliana. Maybe I didnt asked correctly, my doubt is... he might have report to Immmigration that the relationship was over by 2015 (in his eyes, because we still live together until 2016) and because of the failure to the condition on my PR then CIC will review my status, I know they have a lot of work and might not open his request yet but Im quite sure if so Inwould have had a call or an email or a notice. Just want to make sure about it.

If your husband reported you prior to March 2016 for violating Condition 51, you would have heard by now.