Termination of marriage and leaving the the country

[Liara]

My friend's marriage is probably going to be terminated. She was sponsored by her husband. The marriage lasted only 9 months. I wanted to ask the following questions on her behalf:
1) Will she lose her PR if they divorce now?
2) If no, for how long, if at all, can she leave Canada without losing her residency (in case of their divorce)?

 

[profiler]

My friend's marriage is probably going to be terminated. She was sponsored by her husband. The marriage lasted only 9 months. I wanted to ask the following questions on her behalf:
1) Will she lose her PR if they divorce now?
2) If no, for how long, if at all, can she leave Canada without losing her residency (in case of their divorce)?

That's unfortunate. Do you know if her COPR was conditional (Condition 51)? If so, she may want to seek advice about having the conditional portion waived. Otherwise there could be trouble if the CIC finds out they do not reside together. If she does not have a conditional PR, then there is no issue.

 

[Hammer]

My friend's marriage is probably going to be terminated. She was sponsored by her husband. The marriage lasted only 9 months. I wanted to ask the following questions on her behalf:
1) Will she lose her PR if they divorce now?
2) If no, for how long, if at all, can she leave Canada without losing her residency (in case of their divorce)?

She will lose her residency as it was conditional PR.

Any reasons why they are divorcing? That will help to determine if she can still continue her PR status.

 

[Liara]

They got married this year... I thought they terminated the 2-year rule, did they not..?

As for the reasons - well, he basically stopped feeling for her the way he used to. The usual crap, nothing that would qualify as abuse, if this is what you mean.

 

[profiler]

They got married this year... I thought they terminated the 2-year rule, did they not..?

Not yet. And I suspect that will be for new issue PR's. Not retroactive from what I understood. It's possible that if they share a child (it wasn't mentioned) that they just won't have one. Or that CIC overlooked it. So, check the COPR to be sure.

 

[Hammer]

They got married this year... I thought they terminated the 2-year rule, did they not..?

No, spouse sponsor PR is subject to two years restriction.

http://www.cic.gc.ca/ENGLISH/resources/publications/family-sponsorship.asp

ready this

 

[Liara]

No children.

I suppose that means she loses her PR. The waiver from condition 51 is only possible when the subject of FCS has been abused, right..?

(It's actually me who doesn't want her to lose PR, she is totally ready to go back to her home country).

 

[Hammer]

No children.

I suppose that means she loses her PR. The waiver from condition 51 is only possible when the subject of FCS has been abused, right..?

(It's actually me who doesn't want her to lose PR, she is totally ready to go back to her home country).

Unfortunately there is nothing you can do in this.

 

[profiler]

No children.

I suppose that means she loses her PR. The waiver from condition 51 is only possible when the subject of FCS has been abused, right..?

(It's actually me who doesn't want her to lose PR, she is totally ready to go back to her home country).

Well, it would depend on why their marriage is dissolving. If there is some reason why the marriage is being dissolved, such as abuse or neglect, and there is reasonable proof of that, then they can waive the condition. But, I am getting the sense that there may not be.

In that case, your friend should voluntarily renounce her PR during the divorce, and return the PR. Then if her life brings her back to Canada, she won't have a tough time applying again.

 

[canuck_in_uk]

No children.

I suppose that means she loses her PR. The waiver from condition 51 is only possible when the subject of FCS has been abused, right..?

(It's actually me who doesn't want her to lose PR, she is totally ready to go back to her home country).

Loss of PR is not automatic. They are supposed to report the relationship breakdown to IRCC, who would then make a decision on revocation. If neither party reports the relationship breakdown, nothing will happen to her status.

 

[Bcboundboy]

My friend's marriage is probably going to be terminated. She was sponsored by her husband. The marriage lasted only 9 months. I wanted to ask the following questions on her behalf:
1) Will she lose her PR if they divorce now?
2) If no, for how long, if at all, can she leave Canada without losing her residency (in case of their divorce)?

(1) If she has condition 51 (which would normally be imposed if her marriage was less than 2 years old when she was sponsored, and they had no children together), and IRCC become aware the marriage has dissolved, she may lose her PR, unless she can prove abuse/neglect is the reason for marriage ending.

(2) Residency obligation is 730 days (two years) in every five. She can leave Canada for up to three years, and be able to meet the RO on return.