What If The Canadian Spouse Is Fraudulent? Condition 51

[Niagara1111]

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[profiler]

I need advice from everyone, I will quickly share my story please pardon the lengthen words.

I have been married to a Canadian for 2 years, Before the marriage some of my family did not support us because they felt she is not good for me, I went ahead anyways. A decision i currently regret.
Just before I received my PR visa, She told me she has a condition that makes her bed wet sometimes and she has a low chance of having a child, I was furious as to why she didn't tell me or sugarcoated this before the marriage. That took away the trust and attraction in the relationship, And i told and show her how I felt. I didn't feel like moving to Canada anymore because of that, and also cos I had a PhD full scholarship in China where I was based. So i told her about the scholarship and my intentions, she however convinced me that I should come, This was after I received the visa. After much thinking I decided to go abandoning my full scholarship and other opportunities I had. And I clearly told her I am coming for us to try and work on our relationship, because not coming is synonymous to a divorce which I was ashamed of, because I wanted to prove my family wrong.

I came to Canada, and the problem started very fast, She had the idea that my coming is an avenue to start over as if nothing happened, I was of the fact I came for us to work on the relationship. Pretty much that was it. According to her I wasn't behaving like a loving husband. She started to insult me while on the phone with her friends and family and when she talks with me, She started to throw things at me, including other stuff like turning on loud musics while I sleep, And letting her alarm continuing to sing even after she has woken up at 5:30am, The alarms continues until she leaves for work around 7:00am. which eventually makes me stay up all this while.

Not long after the insults, followed subtle threats, like doing away with me and all that, She even stopped buying food that i eat (She goes shopping and buy what she needs, even though I don't have a job, and I have spent most of my money to move here. I questioned her about it, she insulted me in the process. since then I have be feeding myself and paying for other living expenses. (I had to borrow from a friend in China).

I have called the police once and told them should anything happened to me they should hold her responsible, I am very confused, The PhD school wont take me back, Cos has the deadline as passed. She recently told me that when I have a job that I should leave her place (Because she doesn't want me to go on welfare, Which I wont do in the first place). I told her that i am not going anywhere that if she wants to leave she can. She refused to give me the building key, so i pretty much wait out for someone to either go in or out of the building before I can gain access to the building. I have the apartment key though.

All this relationship and economical hardship has made me depressed that I have been to counselling several times. All of a sudden I feel like I don't have anything. As even my education seem worthless here without the Canadian experiences. I am faced with the devil and deep blue sea. I tried going back to school to learn something so maybe i could get a job, She refused to sign the OSAP papers (Even though this will not affect her in anyways, I begged her she refused, and without it I cant go to school as what I will receive filling as single will not be enough)

I want to know from you guys, Can I apply for exemption under condition 51?, Also, Can I apply for Annulment? Do I have have a case?. ( I have evidence of her insulting and throwing things at me, And I recorded my conversation with her dad were he admitted that she was insulting me when she was talking with him in the phone), I have also been keeping the receipts of my groceries and living expenses.
All this is less than 3 months I receive my PR, which makes things very complicated for me.

Your opinion is important to me.

Thank you

You may want to talk to your counsellor and get their opinion that you are being economically, emotionally, mentally and possibly physically abused. With their opinion, you can make a case to CIC for an exemption (it's better to have evidence, rather than just call them up and ask).

Given your screen-name I am assuming you are in Ontario. Being granted an annulment is very rare. You will likely have a strong case for divorce. If you indeed are in Ontario, Legal Aid does issue certificates that you can take to a lawyer to have them process the divorce. You will have to request a separation agreement first, and you will need to live apart for 1 year before you can proceed to divorce. In the divorce, it sounds like you should be asking for alimony as well, so you can support yourself.

That's my opinion here. I feel for you, and I hope all works out for the best!

 

[keesio]

Due to the relatively newness of Condition 51, there isn't a whole lot of data to rely on. But people have successfully gotten the exemption before by being able to prove mental/physical abuse. Your marriage certainly broke down. Insults, while hurtful, are usually not enough, though verbal threats are. And throwing objects at you is certainly something that is a clear threat. What is a very strong proof is that you felt threatened enough to call the police. Assuming you can get a record of this, this is a very good proof. I'd say you have a pretty decent chance.

 

[profiler]

She recently told me that when I have a job that I should leave her place (Because she doesn't want me to go on welfare, Which I wont do in the first place). I told her that i am not going anywhere that if she wants to leave she can. She refused to give me the building key, so i pretty much wait out for someone to either go in or out of the building before I can gain access to the building. I have the apartment key though.

I should have also added: don't worry about what she says. You worry about what you need to do to survive.

I am not sure what your education is in, but you may find opportunities vary from region to region. So you might be able to find work in a different area.

 

[Niagara1111]

Thank you guys, Just wondering if I have enough for neglect or abuse

 

[profiler]

Thank you guys, Just wondering if I have enough for neglect or abuse

My guess is yes from your description. Chat with the counsellor you saw to make sure they would back you up when you approach CIC.

 

[Niagara1111]

Thank you guys for your concerns and advice. If you know of anything that might help my case, please do not hesitate to share.