Sponsorship withdrawal

[ryan007]

Hi All,
My friend from Portugal has been married for 3 years to a Canadian (also originally from Portugal), holding a valid PR Card valid till Dec 2019.
Now, since she is facing problems in her marriage and her husband wants to call off the marriage and stop sponsoring her as his wife , she needs advice.
She is having a full time job in Canada and can find accommodation to live.
Would she be losing her PR status in this case or can she continue to live and work in Canada?

 

[commonlawsponsor]

Does her Confirmation of Permanent Residence have condition 51 on it?

 

[canadianwoman]

Is it the wife who has a PR card valid until 2019? If so, she is already a permanent resident. If she has a conditional PR (ie., condition 51 as mentioned above) she has to stay with her husband for two years after she landed in Canada as a PR. If she landed more than 2 years ago, she is a PR and her husband wanting to divorce will not affect her status and she can stay in Canada.

 

[ryan007]

Yes, you are right. The PR is of the wife. She is married and living with this guy since three years in Canada.Though I wonder why she would have got her PR only this Jan , unless she was on a work permit or study visa. Technically she is living with him for nine months since she got her PR status . I have to check with her on condition 51.

 

[truesmile]

And get her to hide her PR card from her husband.

 

[ryan007]

Would that help? I wonder. What if she leaves the country after the divorce after applying for a couple of months leave from her work. Returns back and continues to work, living at another address. Maybe entering in at Vancouver or any other Province. Will that be an option?

 

[tink23]

Yes, you are right. The PR is of the wife. She is married and living with this guy since three years in Canada.Though I wonder why she would have got her PR only this Jan , unless she was on a work permit or study visa. Technically she is living with him for nine months since she got her PR status . I have to check with her on condition 51.

We're they married two years or more before she applied for PR? If so, then condition 51 won't apply to her.

 

[ryan007]

Yes, they are married for three years and have been living in Canada since then.

 

[screech339]

I can't say much on the OP's friend's situation at hand without knowing when CIC received the PR sponsorship application. Despite being married 3 years, CIC can still give the friend conditional PR status if they received the application just less than 2 years of marriage. For example CIC recieved the application when friend is married 23 months. Depending on how long the PR process, the friend can still be married 3 years and have conditional PR status.

So without further details of the friend's actual landing date as PR and when CIC actually received the application during their marriage, I can't say much other than to have your friend take a look at her COPR to confirm whether she has conditional 51 clause or not.

Screech339

 

[TheMadHatter]

On reading this sad thread, I cannot help but imagine that this was most certainly not the intention of the change in the rules on sponsorship of spouses.

 

[keesio]

Despite being married 3 years, CIC can still give the friend conditional PR status if they received the application just less than 2 years of marriage. For example CIC recieved the application when friend is married 23 months. Depending on how long the PR process, the friend can still be married 3 years and have conditional PR status.

yes this is key. It is 2 year at the date of the application.

 

[ninakap30]

Does her Confirmation of Permanent Residence have condition 51 on it?

what is exactly the condition 51?i cant understand ıt

 

[screech339]

what is exactly the condition 51?i cant understand ıt

Condition 51 is what written in the COPR papers for those who are given 2 year conditional PR status. These are given to those who are married less than 2 years and have no children together at the time when CIC received the PR spousal PR application. What happens after CIC received the application has no bearing in removing the condition 51 clause. So it doesn't matter if you got pregnant and brought in a new baby or reached 2 years of marriage after CIC gotten the application.

Screech339

 

[kiwi123]

Hi All,
My friend from Portugal has been married for 3 years to a Canadian (also originally from Portugal), holding a valid PR Card valid till Dec 2019.
Now, since she is facing problems in her marriage and her husband wants to call off the marriage and stop sponsoring her as his wife , she needs advice.
She is having a full time job in Canada and can find accommodation to live.
Would she be losing her PR status in this case or can she continue to live and work in Canada?

Slightly off topic but I though PR cards were issued for 5 years. So how is this card valid until Dec 2019.

 

[ninakap30]

Condition 51 is what written in the COPR papers for those who are given 2 year conditional PR status. These are given to those who are married less than 2 years and have no children together at the time when CIC received the PR spousal PR application. What happens after CIC received the application has no bearing in removing the condition 51 clause. So it doesn't matter if you got pregnant and brought in a new baby or reached 2 years of marriage after CIC gotten the application.

Screech339

ohh thanks...ı see....ı thınk then and ın my spouses PR(if accepted)thşs condition will be....actually its not somethıng ba i thought ıt would casue problems but ıt seems that no)