urgent help seniors please help

[lady2005]

hello

A college friend of mine from India had married a boy in 2012 who did his masters in Canada and applied for PR under the PNP category. he and my friend got their PR finalized.In order to stamp the PR visa both passports were required so my friend travelled on a visit visa to Canada for the PR visa to be stamped

She arrived in July 2013 but since she came they did not get along with each other and quarrel almost everyday

the situation now is that the husband who was the principal applicant have landed but my friend hasn't landed yet

verbal fights were a daily routine b/w them but this never involved any physical violence or etc but last Saturday when they had a verbal fight my friend called 911 and the police came and took my friend with them and dropped her at one of their relatives after this my friend's husband has decided to divorce her and as far as today their is no chance of patch up

my question and concern is that since she is an innocent indian girl what can she do

1- since she is on a visit visa and has no permanent status and haven't landed yet what rights can she exercise (the husband landed after he have decided to divorce and he has informed cic officials of the divorce)

2- is the husband liable to bear expenses (be it legal or etc) in the event of divorce

3-can she claim domestic violence on basis of mere verbal quarrel (and can the husband also claim domestic violence on the basisi of quarrel because it was mutual quarrels)

4-since they are fighting from the first day she came will that impact my friend's case in any manner can it be treated as immigration fraud because it is what the husband is threatening of as the fight started from the first day)

5- what rights do a non citizen have in this regards

she and I both are really worried

looking forward to answers from respected experienced members

thanks

 

[sakamath]

Are you sure she came on a "visit visa to Canada for the PR visa to be stamped"??

There is no such process. The process for sponsoring a spouse is (in this case)
- the sponsor (your friend's husband) applies to sponsor your friend.
- CIC approves the sponsorship and forwards the application to India
- India visa office checks everything and issues a visa to your friend.

Then comes the stage of becoming a PR
- Your friend comes to Canada, here she has to report to the immigration office that she is a Permanent Resident, the officer would then stamp on her COPR (Confirmation of Permanent Residence). This confirms that your friend has become a permanent resident.

If so, she is already a PR of Canada and not a person without any status.

Back to your question:
New rules have been put in place to avoid "Marriage of convenience" that means, people from outside Canada are marrying simply to become PR and then desert their Canadian spouse.
However, there are certain exceptions like abuse. If the person being sponsored is abused (verbally or physically) then that person is exempt from this rule.

Ask your friend to check if she has a stamped COPR (stamped at the airport when she landed), as well as a PR card (mailed to her Canadian address).

Hope that helps

_/||\_

 

[lady2005]

Are you sure she came on a "visit visa to Canada for the PR visa to be stamped"??

There is no such process. The process for sponsoring a spouse is (in this case)
- the sponsor (your friend's husband) applies to sponsor your friend.
- CIC approves the sponsorship and forwards the application to India
- India visa office checks everything and issues a visa to your friend.

Then comes the stage of becoming a PR
- Your friend comes to Canada, here she has to report to the immigration office that she is a Permanent Resident, the officer would then stamp on her COPR (Confirmation of Permanent Residence). This confirms that your friend has become a permanent resident.

If so, she is already a PR of Canada and not a person without any status.

Back to your question:
New rules have been put in place to avoid "Marriage of convenience" that means, people from outside Canada are marrying simply to become PR and then desert their Canadian spouse.
However, there are certain exceptions like abuse. If the person being sponsored is abused (verbally or physically) then that person is exempt from this rule.

Ask your friend to check if she has a stamped COPR (stamped at the airport when she landed), as well as a PR card (mailed to her Canadian address).

Hope that helps

_/||\_

no that's not the case she didn't had the visa mailed she had to come personally for the PR visa
and that is confirmed she does not have a COPR stamped or a PR card mailed to her address and the husband has told her that he has informed the CIC officials of the separation and indicated this as "marriage of convinence "
can verbal abuse be claimed by the husband also?

 

[lady2005]

also important to mention that husband has either handed my freind's COPR to the CIC officials at the time of his landing or may have destroyed it we are unaware about the document where it is

 

[QuebecOkie]

You may get more help in the Skilled Workers section of this forum: http://www.canadavisa.com/canada-immigration-discussion-board/skilled-worker-professional-immigration-b4.0/, since it appears your friend's husband applied as a skilled worker and included her as his spouse. This section is for those applying for permanent residency under family class sponsorship.

 

[truesmile]

Still not very clear. To "come" to Canada in order to "land" and gain the status of Permanent Resident, she would have to have had A) a visa in her passport and B) a COPR document. This would all be necessary for her to get on the plane in the first place. The other way it may have happened is she was granted a "visit visa" to come and visit, but with the dual intention of completing 'landing procedures' here.

Either way, with the rest of your story being accurate she will have to forget about gaining PR through her husband's application. If at all possible, she should have saved the quarrelling until after she landed. I'm not taking sides... just saying ...

 

[lady2005]

Still not very clear. To "come" to Canada in order to "land" and gain the status of Permanent Resident, she would have to have had A) a visa in her passport and B) a COPR document. This would all be necessary for her to get on the plane in the first place. The other way it may have happened is she was granted a "visit visa" to come and visit, but with the dual intention of completing 'landing procedures' here.

Either way, with the rest of your story being accurate she will have to forget about gaining PR through her husband's application. If at all possible, she should have saved the quarrelling until after she landed. I'm not taking sides... just saying ...

it is exactly the case when PR got finalized she was in india and she was asked to submit her passport in Canada for which she secured a visit visa and went to Canada there she and her husband submitted the passports on which PR visa was stamped

but it is exactly what happened she didn't had the PR visa when she came to Canada she came on a visit visa and PR visa got stamped later and now she does not have the COPR it was with the husband who have either handed it over to CIC officials and notified of the end of marriage and indicated the situation as marriage of convenience(which he said) or have destroyed the COPR