Wife got sponsored and marriage is falling down and getting divorced

[calgaryboy24]

Hello everyone,

My marriage is falling and we are getting divorced, my spouse came to Canada last year and marriage didnt go well. My spouse is on conditional PR and i have filed for divorce, we are not living together anymore as she decided to stay seperate from me.

As per my lawyer, she is not ready for mutual consent and proceeding is going in court now, so my lawyer advised me to stop paying to her for all her expenses and let court decide how much I will be paying to support her. Meanwhile as per her words, she has reported this to Immigration Canada and threatened that my citizenship will be in danger now and I will not get my citizenship due to breaking sponcership contract with the government. My citizenship is due end on this year.

So my question to all of you guys is that, does this create any problems with my citizenship? I had been paying to her till April but I stopped from May. As per my lawyer, let court decides on support and we will abide. Would this creates any problem for me in future?

Thanks

 

[scylla]

No - this won't create any issues for your citizenship. This is an empty threat.

 

[fizz1234]

This will not have any impact on your citizenship application.

 

[scylla]

Just to add - have you contacted CIC to let them know that you are no longer together? If not, you should do so as soon as you can.

 

[keesio]

I'm not an expert but what she told you sounds like a load of crap. Unless you lied to CIC somewhere, the only person who's status is in jeopardy is hers since she has a conditional PR. I bet she is freaking out about losing her PR and is trying to mess with you to find a way out of it. What you should do is REPORT HER to CIC. Tell CIC you are getting a divorce and have not been living together. make this very clear so they will act to get her PR removed. if you move too late (i.e. after two years when she became a PR), then you will be on the hook for any government assistance she gets (welfare).

 

[Harju]

I guess there are two sides to every story but from the OP's point of view I would be hesitant to contact CIC until the divorce is finalized. Otherwise the spouse, in order to maintain PR, could make abuse and neglect accusations in the divorce proceedings. If the divorce goes through without the abuse and neglect allegations then it will be much harder to apply the exception. I also believe that "neglect" includes failing to provide the necessities of life so stopping all forms of support now until the courts decide could be considered neglect for the purposes of the exception. Plus at the point he stops providing the "necessities of life" for the spouse he is breaking the sponsorship contract, although I do not think this has any bearing on citizenship.

Even if the OP does not care about the spouse retaining PR, it is still much better not to have abuse and neglect accusations enter into the divorce where it is not factual.

 

[keesio]

Even if the divorce is not finalized, the requirement of Condition 51 has already been violated - cohabitation. I believe you are supposed to notify CIC if Condition 51 is being violated.

 

[Noah_Saaz]

[/quote]

I have a question about conditional permanent residency status. My spousal sponsorship filed to CIC on Sept 07, 2012 and in my landing papers under the heading of Condition is written "NONE". If my marriage fails will it revoke my PRC status.

Please explain, Thanks.

 

[zardoz]

I have a question about conditional permanent residency status. My spousal sponsorship filed to CIC on Sept 07, 2012 and in my landing papers under the heading of Condition is written "NONE". If my marriage fails will it revoke my PRC status.

Please explain, Thanks.

No. (no further explanation required).

 

[calgaryboy24]

Even if the divorce is not finalized, the requirement of Condition 51 has already been violated - cohabitation. I believe you are supposed to notify CIC if Condition 51 is being violated.

Hi keesio, What is this condition 51, she has been threatening me indirectly that I have to provide her everything in Canada which I had been till April but now she has stopped working to show Immigration that she has no money and wants to take social assistance through Immigration and court proceeding. She can work and earn her living until court matters settles down.

Should I send notifications to CIC with all my court proceeding paper work with my lawyer papers? What should be my next steps?


Thanks

 

[calgaryboy24]

I guess there are two sides to every story but from the OP's point of view I would be hesitant to contact CIC until the divorce is finalized. Otherwise the spouse, in order to maintain PR, could make abuse and neglect accusations in the divorce proceedings. If the divorce goes through without the abuse and neglect allegations then it will be much harder to apply the exception. I also believe that "neglect" includes failing to provide the necessities of life so stopping all forms of support now until the courts decide could be considered neglect for the purposes of the exception. Plus at the point he stops providing the "necessities of life" for the spouse he is breaking the sponsorship contract, although I do not think this has any bearing on citizenship.

Even if the OP does not care about the spouse retaining PR, it is still much better not to have abuse and neglect accusations enter into the divorce where it is not factual.

Hi Harju, so what should be done this my case as she be threatening me all the time and has stopped working just to show to authorities that she has no money, also she wants to live on my money. Please suggest

Thanks

 

[scylla]

Hi keesio, What is this condition 51, she has been threatening me indirectly that I have to provide her everything in Canada which I had been till April but now she has stopped working to show Immigration that she has no money and wants to take social assistance through Immigration and court proceeding. She can work and earn her living until court matters settles down.Should I send notifications to CIC with all my court proceeding paper work with my lawyer papers? What should be my next steps?

You need to contact CIC ASAP to let them know you are no longer in a relationship with your spouse and are obtaining a divorce. Condition 51 is conditional PR. This means your wife has to live with you for at least 2 years after obtaining her PR status in order to keep her PR status. At the same time, you are also finanically responsible for her for three years after she becomes a PR. This means that if she goes on social assistance - YOU will have to pay this money back to the government (even if you are no longer in a relationship). AGAIN, unless you want to end up with a huge social assistance bill - you need to contact CIC right now and let them know that your relationship with her has ended.

 

[scylla]

Hi Harju, so what should be done this my case as she be threatening me all the time and has stopped working just to show to authorities that she has no money, also she wants to live on my money. Please suggest

Thanks

I'm not sure how many times we can tell you the exact same thing. Contact CIC now and let them know your relationship with your wife is over and you are divorcing.

 

[canadianwoman]

She has not lived with you for two years after getting her PR, so since she has a conditional PR, it should be revoked and she should be sent home. However, what CIC actually does in these situations is not clear, as the conditional PR is fairly new.

You do not have to provide all the money she wants. You agreed to support her for three years, but this basically means that if she leaves you and goes on welfare, you will have to pay the welfare money back to the government.

If she was working and quits just to go on welfare, it is not that easy. You cannot go on welfare just because you want to - someone who had a job and quits for no reason may well be refused welfare. In addition, while on welfare you are supposed to provide proof you are searching for a job. If she is working under the table, or is not searching for a job, and she is getting welfare, this should be reported to the welfare authorities.