Separation before PR issued - what are the potential problems?

[canadianloafer]

I am English, my wife is Canadian. We married just over 4 yrs ago (been together over 6). We were both living and working outside of Canada at that time. We came to Canada in fall 2009 and I applied for my PR with my wife as sponsor. I still haven't received my PR yet due to some unforeseen delays with paperwork/medicals with my two dependents in UK from a previous marriage. All is complete now though and I expect to be issued PR within the next 2-3 months (I have already been approved back in 2010).
My situation is this......
A few months ago my wife left me for someone else. Completely unforseen! She is now back living with her mother, I have the house and continue to pay the mortgage etc..
Divorce and separation issues aside, what would happen if she withdraws her sponsorship?? (There is no hope of reconciliation)
I have a successful job here, I also work on a volunteer fire department so I am well established in Canada and in my community.

Would I have to obtain another sponsor? Am I that far along in the process that she cannot withdraw as sponsor?
I have friends (and even the father-in- law who would sponsor me if it came to it).

She is adamant that she will not withdraw her sponsorship and will maintain the status quo until I have received PR.
There are no issues with her having to support me - I have always been the high earner.

But what are the implications IF she withdraws?? Should I tell CIC or just keep quiet for now? :-X

 

[CharlieD10]

Without a genuine, subsisting relationship with your sponsor, then you no longer qualify for permanent residence as a member of the family class. Your wife or you MUST withdraw the application. An application may be withdrawn at ANY point prior to the confirmation of PR status. If you keep quiet and receive your PR, you may be reported for misrepresentation and actually be stripped of the PR status and ordered removed (deported) from Canada.

Your relationship now runs afoul of Section 4 of the Regulations on both points: Your "marriage" (as presented in your application) is not genuine, AND it is now entered into so as to allow you to gain status or benefit under the Act.

If you can get a work permit, work on one. At this point, your options for remaining in Canada legally are outside the family class. Your in-laws do not qualify to sponsor you.

 

[canadianloafer]

Thanks for that. I do have a WP. I have been working since 2010. Does that make any difference? Is it time to 'lawyer up'????
Canada is my home now. Job, house, friends etc. In a worst case scenario I have a country to go back to but nowhere to live and no job!

 

[CharlieD10]

Yes, an immigration lawyer should be able to point you in the proper direction to sorting your status in Canada. Do not wait around, you need to act before the PR is finalized. You need to advise whichever office is processing your application of the change in your family circumstances, but the lawyer will guide you in the best way to get this done.

 

[canadianloafer]

Thanks for your comments but I have just had a read of Reg4 and I have to disagree with you. I have a certain amount of legal experience and I cannot see that it would apply to me under any circumstance.

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.

My marriage was NOT entered into primarily for the purpose of...et al and was and is still a genuine marriage (albeit we are not together).

 

[rachiy]

You sound like an educated guy with a good job and well established ties here. Check out the foreign skilled worker, or Canadian experience class for other options for PR if family class goes down the drain.
I am sure you will be eligible under another category, it will just take another load of paperwork and waiting.

 

[CharlieD10]

Thanks for your comments but I have just had a read of Reg4 and I have to disagree with you. I have a certain amount of legal experience and I cannot see that it would apply to me under any circumstance.

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.

My marriage was NOT entered into primarily for the purpose of...et al and was and is still a genuine marriage (albeit we are not together).

The evaluation of a relationship for the purposes of Section 4 is a matter of past, present and future. At the time your application was submitted, your relationship was genuine and not entered into for the purposes of acquiring status or privilege under the Act. However, your PR has not been confirmed and AT THIS TIME your relationship with your sponsor is no longer subsisting and if you should become a permanent resident it would not be, to use the words of the former Act, for the purposes of cohabiting with your sponsor in a spousal relationship (because in point of fact, you aren't even cohabiting with her now). If you should be issued a PR now, the SOLE purpose of maintaining any relationship between you and your wife would be for you to gain status/privilege under the act because your relationship is not genuine anymore. Section 4 very much applies to your relationship as it stands, I'm afraid.

The law does envision relationships that start as not genuine and become so over the course of time, and those that start genuine and become not so over the course of time. You are in the latter position. You cannot receive a PR based on the sponsorship of a spouse with whom you are no longer cohabiting and who is now in a relationship and cohabiting with someone else. To do so is a misrepresentation of your circumstances.

 

[McDutch]

Also, once your wife finds out she is financially responsible for you for 3 years, she might screw you over and withdraw last minute.