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Wife abandoned sponsored husband is this a neglect?

Dreamlandvisa

Star Member
Nov 28, 2012
95
1
Canada
Job Offer........
Pre-Assessed..
Dear All,

Husband came to Canada under sponsorship of his wife. They could not get along well and wife left him without letting him know and ignoring her duty to provide minimum necessities of life as the husband's sponsor. She left her alone and not willing to live with her anymore.

Apparently, she has reported to CIC that husband has come to Canada only to be in Canada and not live with her. She has reported that husband had done misrepresentation and abusing the system because CIC has sent a letter to husband asking to prove the wrong.

CIC has asked to provide enough documentation about community involvement, taxation, language level etc with a very harsh introduction of risk of removal from Canada.

The fact that their application was file before 22 October 2012 so they don't have to live for two years together.

Pursuant to section 215 of Criminal Code of Canada:

215. (1) Every one is under a legal duty
(a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;
(b) to provide necessaries of life to their spouse or common-law partner; and
(c) to provide necessaries of life to a person under his charge if that person
(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and
(ii) is unable to provide himself with necessaries of life.

Also the law defines this as the term "Neglect" as following:

Neglect

Neglect happens when a family member, who has a duty to care for you, fails to provide you with your basic needs.
This can involve:
not providing proper food or warm clothing
failing to provide adequate health care, medication and personal hygiene (if needed)
failing to prevent physical harm
failing to ensure proper supervision (if needed)

Any thought about his approach and how can he win his case?

Thanks.
 

scylla

VIP Member
Jun 8, 2010
97,244
23,068
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
He needs to prove that their relationship was genuine and that he did not use his wife as a means of getting to Canada. Right now the onus is on him to prove this wasn't a marriage of convenience. This would probably be a good time to retain a good immigration lawyer to assist you.
 

BCKev

Star Member
Nov 20, 2009
193
5
Category........
Visa Office......
Ottawa/Kiev
Job Offer........
Pre-Assessed..
App. Filed.......
16-01-2010
Doc's Request.
02-08-2013
AOR Received.
13-12-2013
File Transfer...
06-02-2014
Med's Request
26-06-2014
Med's Done....
25-07-2014
Passport Req..
25-09-2014
VISA ISSUED...
03-10-2014
LANDED..........
22-11-2014
As part of the sponsorship undertaking, the sponsored person also has an obligation to use their best efforts to take care of themselves.