Sponsor wants to get a divorce

[queen1234]

Hello,

I have sponsored my husband to get to Canada and has been living here for a year now. You see, I am not perfect. I have done bad things and we have not been getting along in the past 6 months. Is it possible for me to get a divorce? Everytime I bring it up he would angrily lecture me about our need to stay together for two years as that was what was stated on his COPR. And also, I know that I am financially responsible for him for the next three years but does that give him the right to stop paying for his share on our house rent (All I ask of him is just $150 a month)? He has a job and has managed to buy expensive stuff for himself so I do not understand why would he give me this nonsense.

Thanks.

 

[Regina]

he would angrily lecture me about our need to stay together for two years as that was what was stated on his COPR.

You can divorce him NOW. If you divorce he loses his PR status.
HE LOSEs his PR status now (when it is not yet 2 years since he got temporary PR by marriage), and will have to go back to his country of origin. He is not able to get permanent PR being separated or divorced from his wife-sponsor.

That condition he is talking about " stay to together for 2 years" is a condition for HIM, not for you.

If he stays illegally in Canada- you are not obliged to support him.

 

[kiwi2016]

You can divorce him NOW.

HE will LOSE his PR status, and will have to go back to his country of origin.
If he stays illegally in Canada- you are not obliged to support him.

I like this answer.... you may not be an angel yourself... but he CAN NOT use you! You have the power in this situation.

 

[Kayaker]

His COPR says that if you two break up before the 2 years is up, he may lose his PR status.

Regarding a divorce you should consult with a lawyer. As far as CIC is concerned, there is no reason you cannot apply for a divorce. If the relationship is beyond saving, you Can report it to CIC, and they Might revoke his PR status. (It is their decision to make. If he wants to argue with CIC, he has to prove that he was abused by you, or something like that.)

If they decide not to revoke his PR, then yes, you are on the hook financially for three years. This means that if he goes on welfare, you have to pay it back. If you really think you want a divorce, you should consult a lawyer and inform CIC that you are going to file for divorce. The earlier the better.

 

[Regina]

If they decide not to revoke his PR

only if he could

prove that he was abused by you, or something like that.)

 

[Hardcookie]

If he can behave like that....by lecturing you and buy expensive stuff for himself and not support you then that is a red flag. It's better you divorce him now than wait for the worst to come. In this case, less or no change is expected. I am not a Canadian citizen but I think you should gather some evidence and file for a divorce ASAP. Such a mean person is not worthy any patience and understanding. I guess the worst is yet to come.

Trust me if you can't divorce him then he will be the one to divorce you after the two years. It's evident he just used you to get to Canada.

That's just my opinion. All the best dear!

 

[canadianwoman]

I have sponsored my husband to get to Canada and has been living here for a year now. You see, I am not perfect. I have done bad things and we have not been getting along in the past 6 months. Is it possible for me to get a divorce? Everytime I bring it up he would angrily lecture me about our need to stay together for two years as that was what was stated on his COPR. And also, I know that I am financially responsible for him for the next three years but does that give him the right to stop paying for his share on our house rent

Yes, you can apply for a divorce. I would go to a lawyer now and start the paperwork.
The statement on the COPR saying you two have to stay together for 2 years, applies only to him. He has to stay with his sponsor for two years to get the condition off his PR. The sponsor does not have to stay with the PR if the relationship breaks down, which it seems it has.
It is true that you signed a pledge to take care of him financially for three years. However, if you look at that form, you can also see that the applicant is expected to do what he or she can to support themselves as well. In any case, the government has taken this oath of support to mean that if the PR goes on welfare during the first three years, the sponsor must pay the money back. It does not mean you have to give money to the PR.
I suggest that if you want to divorce, you ask him to leave the house (if it is your house, or your lease or mortgage). You should not leave (unless you are in danger). Once he has left and has found a place to stay, he cannot go on welfare, since he has a job. To get welfare, he has to show that he is looking for work but cannot find any. Buying himself expensive things will mean the welfare worker will reject his application. If he quits work or starts working under the table, report this to his welfare worker.
Because of the condition on his PR, once you have broken up and he is not living with you anymore (within the first two years), his PR should be revoked and he should be sent back to his country. However, CIC does not always follow up on these things. Report the break-up to them. If they do not revoke his PR, well, as I said above, he cannot go on welfare while he has a job, so you should be safe from having to pay for him.

 

[impatientwife]

In order for her to file for a divorce she has to be separated for one year prior to the divorce which they're not separated right now she states they're still living today, first thing you should do is separate, I believe you can also file separation papers through the courts (not 100% sure but you can check) like someone else said consult with a lawyer or go to your nearest courthouse they have legal aid there than can provide you some information.

 

[Regina]

first thing you should do is separate

For CIC , to look into the matter of conditional PR, it is enough.

 

[queen1234]

Thank you everybody. You have all provided me with useful and interesting information, but I guess I left out a single detail. Being in Canada changed the way I saw things, and it consequently changed me. As I have said before, I am not perfect. I cheated on him. I tried to ask for his forgiveness but was persistent on saying that our marriage is over. And this is why he refuses to have to do anything with bills and mortgages. Our marriage has broken down, nothing could ever fix it. I mean I get where he is coming from. I have hurt him, this is his way to make himself feel better.

And also, I have a kid whom I had when I was still single (he's not the biological father). One reason I want to move out so badly is because sometimes he takes it out on the kid and as a mother it just breaks my heart. And he always insists we need to cohabit for 2 years. Now that the circumstance has changed, could I ask for a divorce even if I committed adultery? Would the same law apply in my situation still?

 

[impatientwife]

Thank you everybody. You have all provided me with useful and interesting information, but I guess I left out a single detail. Being in Canada changed the way I saw things, and it consequently changed me. As I have said before, I am not perfect. I cheated on him. I tried to ask for his forgiveness but was persistent on saying that our marriage is over. And this is why he refuses to have to do anything with bills and mortgages. Our marriage has broken down, nothing could ever fix it. I mean I get where he is coming from. I have hurt him, this is his way to make himself feel better.

And also, I have a kid whom I had when I was still single (he's not the biological father). One reason I want to move out so badly is because sometimes he takes it out on the kid and as a mother it just breaks my heart. And he always insists we need to cohabit for 2 years. Now that the circumstance has changed, could I ask for a divorce even if I committed adultery? Would the same law apply in my situation still?

Yes you can still ask for a divorce, and just a word of advice you can research your own information that way you can gain your own knowledge and understand of things better, seek a consultation with a divorce lawyer some of them may offer a free consultation here's a link you can read up and there's much more out there, ask I said before there is legal aid at the courthouse that may be able to help you more

http://www.galbraithfamilylaw.com/blog/how-does-an-affair-adultery-affect-divorce-case-ontario/

 

[canuck_in_uk]

Now that the circumstance has changed, could I ask for a divorce even if I committed adultery? Would the same law apply in my situation still?

No. As per the federal Divorce Act, the exemption for adultery is only when the spouse against whom the divorce proceeding is being brought is the one who committed adultery. As you committed the adultery, he could file against you right away.

You can separate and inform CIC of the relationship breakdown. After the separation, you can file for divorce.

http://laws-lois.justice.gc.ca/Search/Search.aspx?txtS3archA11=Adultery&txtT1tl3=%22Divorce+Act%22&h1ts0n1y=0&ddC0nt3ntTyp3=Acts)

Breakdown of a marriage is established only if

(b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage,
(i) committed adultery

 

[TANMEX]

Hello,

I have sponsored my husband to get to Canada and has been living here for a year now. You see, I am not perfect. I have done bad things and we have not been getting along in the past 6 months. Is it possible for me to get a divorce? Everytime I bring it up he would angrily lecture me about our need to stay together for two years as that was what was stated on his COPR. And also, I know that I am financially responsible for him for the next three years but does that give him the right to stop paying for his share on our house rent (All I ask of him is just $150 a month)? He has a job and has managed to buy expensive stuff for himself so I do not understand why would he give me this nonsense.

Thanks.

100% used you get his PR , sorry to be so bold about it , Contact CIC and inform them that the relationship has breakdown and now you realize that this person only used you to gain status in Canada .

get rid of him .

 

[Ponga]

100% used you get his PR , sorry to be so bold about it , Contact CIC and inform them that the relationship has breakdown and now you realize that this person only used you to gain status in Canada .

get rid of him .

Really?! 100% positive about him using his sponsor?

Infidelity is a pretty big pill to swallow for most people. I'm not condoning his behavior, but I can certainly empathize with the pain it must have created.

Who are we to judge how he chooses to deal with that pain?

 

[z.coniglietti]

Really?! 100% positive about him using his sponsor?

Infidelity is a pretty big pill to swallow for most people. I'm not condoning his behavior, but I can certainly empathize with the pain it must have created.

Who are we to judge how he chooses to deal with that pain?

i just wanted to say that. just because he got sponsored doesn´t mean he is the villain. some people are just mental.