Arranged marriage breaks down at Toronto airport

[zsharani]

Is anyone has any contact number I really want to help this poor girl.  I met her husband he is ashole.  I am sorry my lanuguage.  sHE CAN CLAIMED FOR REFUGEE STATUS.  i AM THE WAITNESS OF HER SITUATION.  ANY BODY KNOWS PLEASE REPLY ME...

[HoneyBird]

Name of the movie please?

The Film

In Heaven on Earth, acclaimed director Deepa Mehta highlights the isolation and disappointment faced by a family of Punjabi immigrants to Canada.

When Chand (played by Bollywood superstar Preity Zinta) arrives in Brampton, Ontario to meet her new husband, she leaves behind a loving family and supportive community. Now, in a new country, she finds herself living in a modest suburban home with seven other people and two part-time tenants. Inside the home, she is at the mercy of her husband's temper, and her mother-in-law's controlling behaviour.

After a magic root fails to transform her husband into a kind and loving man, Chand takes refuge in a familiar Indian folk tale featuring a King Cobra.

[Sharjil]

Is anyone know what happen while spousal sponsorship if wife gets pregenant and give birth to kid what sponsor has to do for kids?

[Leon]

If the wife is pregnant when the sponsor pulls his sponsorship, then the baby will be born in her country and have her citizenship.  The sponsor can not be forced to sponsor his child if he doesn't want to.  He could however be forced to pay child support but international cases like this are complicated. The wife would need to get a lawyer in Canada to present her.

[rjessome]

http://www.cbc.ca/news/canada/toronto/story/2011/03/21/arranged-marriage-noor-returns.html

Apparently she's gone home.

I want to correct my earlier post.  According to Section 63(2) of the Act:

(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

So she "may" have had the right of appeal.  However, Section 126 of the Regulations says:

126. A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.

In this case, the visa had already been issued but, according to the story, the husband withdrew his sponsorship a month before she arrived. 

This is where we are not sure what happened.  Section 120(b) says:

(b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

IP 2 says on page 25:

However, a sponsor's request to withdraw an undertaking may be considered as
evidence that the sponsor will not honour it. This information will be considered at
POE and the applicant may not be granted permanent residence on the basis that
circumstances have changed with respect to their application. Should this occur, this
does not mean that the sponsor may withdraw their application nor that a decision
has been made with respect to their request to withdraw.

So there's some contract law thrown in.  The Undertaking is a contract between the Sponsor, Applicant and CIC. It seems that CIC has taken the position that the Sponsor will not honour the contract and didn't land the applicant.  But then it circles back to 63(2) of the Act.  Complicated stuff!  I'm going to check to see if there is some case law on it because it then doesn't say what discretion CIC or CBSA has at that point.

[HoneyBird]

I was wondering if they could done an expeditated assessment of her for FSW. Having seen the story, and thinking more about this, she speaks very good english and this would seem that she would of had good schooling. Plus if her parents were to really pay 50,000 then they would certainly be of a certain class in India. She doesnt look like a poor uneducated immigrant. She appeared on TV :0 She is educated and of an upper class in India I am sure of it.

[Leon]

If she is smart, educated and has money, then it should not be a big problem for her to get the right education, skills and experience to qualify for FSW or QSW if she still wants to go to Canada.

I don't know if it really was a marriage of convenience.  If her side of the story is the truth, then I feel sorry for her but if the truth is really that he had cancelled the sponsorship before she got on that plane, then it is sad for her but she should not have come.

[Baloo]

I was wondering if they could done an expeditated assessment of her for FSW.

The problem with following that path is, there might be a lot of $$$ people trying to get that "super fast track".
Pay money - get married - travel - divorce - ultra quick FSW.

The system worked, thankfully.

[fleo]

IP 2 says on page 25:

(...) Should this occur, this does not mean that the sponsor may withdraw their application nor that a decision has been made with respect to their request to withdraw.

I don't know if I'm reading this right, but it looks like it's saying that sponsor's request to withdraw may or may not be approved by CIC? That would be extremely odd, I must have misunderstood something.

[bobshynoswife]

I agree that she had to go home but I just feel absolutely terrible for her, as she is now returning to Pakistan as a divorced woman and will face discrimination and likely will have a very difficult time finding a husband. That is the true shame of this story. At least if she stayed in Canada she wouldn't have to live with that stigma every day.

I bet her parents paid him for the marriage, and when her visa was approved he demanded more money. They couldn't/wouldn't pay it so he pulled his sponsorship. He is scum and has ruined this girl's life.

[Leon]

I bet her parents paid him for the marriage, and when her visa was approved he demanded more money. They couldn't/wouldn't pay it so he pulled his sponsorship. He is scum and has ruined this girl's life.

We don't really know what the truth is here.  Maybe he was telling the truth.  The children who grow up in Canada are trapped between two cultures.  Maybe he really did marry her out of respect for his parents and her coming to Canada getting closer finally made him realize that he doesn't love her.

[hsbalouch]

I really feel bad for her! terrible terrible