Sponsorship Marriage Breakdown

[Maya8941]

I am a Canadian Permanent Resident for 18 months through a legit marriage started (legally registered) 5years ago outside of Canada in South America. We have been living in Canada since I landed in Canada in Aug 2012. Recently my husband and I mutually decided to legally separate and file for divorce in a year after seperation, However he wants me to leave Canada after our divorce is finalized otherwise he will make my life miserable.

I became a PR before Oct 25 2012 (landed in Canada before this date)but applied for PR card in Oct 2012. My sponsorship and PR application was submitted in 2011 and got approved in early 2012, our marriage in South America was registered in 2008. We don't have any children together and I have a full time job in Finance and also study part time for my masters degree here in Canada.

Is the new 2 yr conditional PR rule applicable to my case?

 

[Tilikun]

I'm pretty sure that the 2 year rules is only applicable to whoever applies after Dec 15, 2012

 

[Alurra71]

I am a Canadian Permanent Resident for 18 months through a legit marriage started (legally registered) 5years ago outside of Canada in South America. We have been living in Canada since I landed in Canada in Aug 2012. Recently my husband and I mutually decided to legally separate and file for divorce in a year after seperation, However he wants me to leave Canada after our divorce is finalized otherwise he will make my life miserable.

I became a PR before Oct 25 2012 (landed in Canada before this date)but applied for PR card in Oct 2012. My sponsorship and PR application was submitted in 2011 and got approved in early 2012, our marriage in South America was registered in 2008. We don't have any children together and I have a full time job in Finance and also study part time for my masters degree here in Canada.

Is the new 2 yr conditional PR rule applicable to my case?

No, it does not apply to you. It only applies to those applications receieved on/after Oct 25, 2012.

If you are worried he can 'make' you leave the country, he can not.

 

[scosan]

Maya, I am sorry about your marriage breakdown. You don't have to leave Canada - he wants you to leave so he won't have to support your under the terms of his sponsorship. Tell him to stuff it!

 

[scylla]

What others have said. He can't make you leave Canada. Your PR card and status is yours to keep. And once you qualify - you will be free to apply for citizenship.

Occasionally CIC will kick someone out of Canada if there's proof it was a marriage of convenience. However this is clearly not the case here due to the length of your marriage and the length of time you remained together after becoming a PR.

You have an established (and by the sounds of it successful) life in Canada. No reason to leave it unless YOU want to. He certainly can't make you.

Good luck!

 

[zardoz]

Get a good divorce lawyer and make sure that you get whatever assets you are legally entitled to.
He may be wanting you to go so that he doesn't have to share the marital possessions or financial assets.

As a divorced (and remarried) man I shouldn't betray my gender, but with his attitude I say, "take him to the cleaners".

 

[mikeymyke]

He might have treated you badly, but also keep in mind, if it wasn't for him, you wouldn't have been able to land in Canada so quickly. So don't feel too bitter about it, cuz now your PR stays with you, enjoy your life.

 

[Maya8941]

Thank you all for your helpful replies. Such a load off my Mind! Going through a divorce is difficult enough and I was hoping after what I am going through I shouldn't give up the life I built up here.

My biggest concern was me applying for PR card in OCT 2012- same month the new regulation became effective.The other concern I had is that he is insisting on backdating our seperation date so we can finalize our divorce faster, but I think he wants to do this to show that our marriage was not legit and he was a victim of fraud which is unfair to me after 5 yrs of marriage.

Also I understand that if it wasn't for him I didn't have the life I have here, so I am ready to give up any kind of financial or spousal support from him, I didn't get married to wreck a human being!

Peace!

 

[zardoz]

I don't know what culture you are from, and I am not going to ask.
What I would say however is that generally in the "western world", women have equal rights in divorce. Make sure that you don't abdicate yours, either through intimidation or a sense of obligation. You really should get yourself a competent divorce lawyer who will see that your rights are protected. Do not agree to anything that your ex is trying to make you do if it doesn't seem "right".

 

[SenoritaBella]

Agree with zardoz.

@mikeymike... sponsoring your spouse to Canada is not doing him or her a favor. No one can say with certainty that she couldn't have come to Canada on her own. He did what a spouse should do, big deal.

@Maya... Please be safe! Hope you are not living in the same house as him now. Do not tell him where you live and do not meet him alone for any reason. Any communication should be from his lawyer to your lawyer.

 

[canadianwoman]

Do not let him backdate the separation date.
You have rights to any property acquired during the marriage. Most likely you would not get alimony anyway, but you should not give up your rights. Get a lawyer.

 

[Maya8941]

Get a good divorce lawyer and make sure that you get whatever assets you are legally entitled to.
He may be wanting you to go so that he doesn't have to share the marital possessions or financial assets.

As a divorced (and remarried) man I shouldn't betray my gender, but with his attitude I say, "take him to the cleaners".

Can you introduce me a good immigration&family law lawyer please ?
We don't have any assets and our income is almost the same so neither of us is entitled to any spousal support I believe , still need a lawyer for help mostly on the immigration part .

 

[Maya8941]

Do not let him backdate the separation date.
You have rights to any property acquired during the marriage. Most likely you would not get alimony anyway, but you should not give up your rights. Get a lawyer.

Inbox me a lawyer name/office please - specialized in immigration and family law -
Really appreciate it .

 

[iris_lf]

Don't worry about when you apply for PR card. PR card is only a travel document not an immigration document.

 

[Maya8941]

Don't worry about when you apply for PR card. PR card is only a travel document not a immigration document.

Thanks - such a load off !