Will I Get Deported If I Divorce My Husband After Just A Month of Getting My PR

[Lilith19]

Hello guys.

I landed here in Canada last 2019 to study and had a work permit from 2020 - 2021.

My husband and I met at college in 2020 January, started dating in April 2020, got engaged in July 2020, and got married in December 2020.

We applied for Spousal Sponsorship in November 2021 and my PR got approved last June 2022.

Will I get deported if I divorced my husband after just a month of getting my PR?

My main reason for divorce is that he hasn't initiated sex with me for a year already, and I want to start dating someone else.

I feel depressed about how things are going on with us right now.

Also, in our Spousal Application, we indicated that our main source of income is gonna be my full-time job. So, even if we separate I have no plans of getting social assistance because I can stand on my own.

I appreciate the responses.

 

[Ponga]

No. The Conditional PR (Condition 51) has been repealed. A sponsored spouse, or partner, no longer has to remain with their spouse or partner.
https://www.canada.ca/en/immigratio...p/news/notices/elminating-conditional-pr.html

Sorry to hear about the breakdown of your marriage. Good luck to you both.

 

[Lilith19]

No. The Conditional PR (Condition 51) has been repealed. A sponsored spouse, or partner, no longer has to remain with their spouse or partner.
https://www.canada.ca/en/immigratio...p/news/notices/elminating-conditional-pr.html

Sorry to hear about the breakdown of your marriage. Good luck to you both.

I see. Thanks for sharing the link.

 

[scylla]

Hello guys.

I landed here in Canada last 2019 to study and had a work permit from 2020 - 2021.

My husband and I met at college in 2020 January, started dating in April 2020, got engaged in July 2020, and got married in December 2020.

We applied for Spousal Sponsorship in November 2021 and my PR got approved last June 2022.

Will I get deported if I divorced my husband after just a month of getting my PR?

My main reason for divorce is that he hasn't initiated sex with me for a year already, and I want to start dating someone else.

I feel depressed about how things are going on with us right now.

Also, in our Spousal Application, we indicated that our main source of income is gonna be my full-time job. So, even if we separate I have no plans of getting social assistance because I can stand on my own.

I appreciate the responses.

If you file to divorce your husband a month after getting PR, that could be a pretty big problem since you have to be separated from your husband for a year in Canada before you can apply for divorce. This would indicate that you effectively split up a year earlier - before the PR application was even submitted. This makes it look like a marriage of convenience on your part.

The short answer to this question is if you leave very soon after getting PR and your husband reports you, there's always some chance this could end up being an issue and you could end up losing your PR status. It depends on the details of the situation and how IRCC views the situation.

 

[Lilith19]

If you file to divorce your husband a month after getting PR, that could be a pretty big problem since you have to be separated from your husband for a year in Canada before you can apply for divorce. This would indicate that you effectively split up a year earlier - before the PR application was even submitted. This makes it look like a marriage of convenience on your part.

The short answer to this question is if you leave very soon after getting PR and your husband reports you, there's always some chance this could end up being an issue and you could end up losing your PR status. It depends on the details of the situation and how IRCC views the situation.

Okay, but what if I wanted us to separate already and file divorce after a year of separation?

 

[scylla]

No. The Conditional PR (Condition 51) has been repealed. A sponsored spouse, or partner, no longer has to remain with their spouse or partner.
https://www.canada.ca/en/immigratio...p/news/notices/elminating-conditional-pr.html

Sorry to hear about the breakdown of your marriage. Good luck to you both.

This rule has been repealed, but this doesn't mean that PR status can't be lost if IRCC feels there was a MOC.

 

[scylla]

Okay, but what if I wanted us to separate already and file divorce after a year of separation?

It's problematic. You must see why.

You received PR based on being in an ongoing relationship with your husband. If your intent at the time of landing was already to break up with him and end the marriage, that puts you on tricky ground. IRCC could view this as a misrepresentation.

There's a good chance nothing will happen and your PR statu will be fine. But I would not say this is guaranteed.

 

[Ponga]

This rule has been repealed, but this doesn't mean that PR status can't be lost if IRCC feels there was a MOC.

Excellent point.
https://www.canada.ca/en/immigratio...eforsponsoredspousesandpartnersbyremovin.html

"Now that conditional permanent residence has been eliminated, anyone who was sponsored by someone who was subject to the condition and therefore also received conditional permanent residence him or herself, such as a child or a parent, has also had the condition lifted.


The Government takes marriage fraud seriously and continues to have measures in place to safeguard against it. Immigration officers are trained to assess all applications and must be satisfied that a relationship is legitimate before granting the sponsored spouse or partner their permanent residence.


In instances where marriage fraud may surface, these cases are investigated and the sponsored individual may lose their permanent resident status and be removed from Canada on the basis of misrepresentation. There is also a five-year bar on sponsorship to deter people from using a marriage of convenience to come to Canada.


Sponsored spouses or partners must wait five years from the day they are granted permanent residence in Canada before they themselves are eligible to sponsor a new spouse or partner. In addition, Immigration, Refugees and Citizenship Canada works closely with Public Safety Canada and its portfolio agencies on risk indicators and anti-fraud initiatives.


With the elimination of conditional permanent residence, any case that was under investigation for non-compliance with the cohabitation condition has ceased. However, cases involving marriage fraud will continue to be investigated."

 

[Lilith19]

It's problematic. You must see why.

You received PR based on being in an ongoing relationship with your husband. If your intent at the time of landing was already to break up with him and end the marriage, that puts you on tricky ground. IRCC could view this as a misrepresentation.

There's a good chance nothing will happen and your PR statu will be fine. But I would not say this is guaranteed.

I see.