Need some advice in a difficult situation

[jimm2292008]

hi everyone

can someone please help me.  i was granted a permanent residency visa under skill migration visa.  just before i got that added my wife and 12 months old child.  we were told that we have to enter canada within 12 months of the visa. neither of have entered canada and our relationship has broken down.  we are now separated and don't foresee future together.  am i able to withdraw my sponsorship? my wife's passport have the visa and it says that she must enter before August 2012.  Can i withdraw that? obviously, if i can then the problem is solved.  however if can't what does that mean?  i am concern that she might go there and seek government payments, will I be responsible? if in future if i remarry someone from my country (Aust) will I be able to sponsor them?

[locolynn]

Hi,

Although your relationship with your wife has broken down, you still have your son to consider. Do you really want to deny the mother of your child and your OWN child an opportunity to live in Canada?

Are you really ok with not seeing your child on a regular basis?

If you are worried about your wife claiming social assistance once in Canada - how about you pay the CHILD SUPPORT and help her to build a successful life in Canada - so your CHILD can benefit from having TWO happy and well adjusted parents.

Stop being petty and think of your child.

Locolynn

[jimm2292008]

i want to see my child. but my wife doesnt want that. i am already paying child support and doesnt matter where i am i will be dong so. i have a court order. if i live in canada then i will be going down under to see my child regularly

[fernendez]

Sorry to hear this. She can not land in Canada without you. Can you guys not mend fences? You can inform CIC and her visa will be revoked but think about your son.

[locolynn]

i want to see my child. but my wife doesnt want that. i am already paying child support and doesnt matter where i am i will be dong so. i have a court order. if i live in canada then i will be going down under to see my child regularly

You need a better lawyer dude. Paying child support, but no visitation? Not cool. Perhaps there is a way to negotiate with your exwife - so you can all live peacefully together...for the sake of your bebe!

Whatever happens - good luck to you - this sounds like a really difficult situation.

Lynn

[jimm2292008]

i just want to clarify somethings for those who are replying. my ex wife wouldn't move to canada. we are from australia we enjoy similar wealth and lifestyle down under. average income in aust is around $50,000 and dollar value on par with USD currently, and she is settled here. with us separated she wouldn't be interested in moving to canada. about seeing the child i hope she can but under family court she would have to. i am concerned if she wants to be nasty what can i do, where do i stand in canada and her visa to canada

[AmericaninQuebec]

i just want to clarify somethings for those who are replying. my ex wife wouldn't move to canada. we are from australia we enjoy similar wealth and lifestyle down under. average income in aust is around $50,000 and dollar value on par with USD currently, and she is settled here. with us separated she wouldn't be interested in moving to canada. about seeing the child i hope she can but under family court she would have to. i am concerned if she wants to be nasty what can i do, where do i stand in canada and her visa to canada

If she's not moving then what's the problem? Even if she visits Canada to land she can't return to Australia and then claim services from the Canadian government. Also, if she does land and get her PR it will only remain valid if she lives in Canada for 2 yrs out of every 5 yr period thereafter.

Honestly it doesn't sound like you have a problem if she's not moving, either way though I don't believe sponsorship can be revoked once a visa has been issued. What about your child? It sounds like she has custody, but perhaps you could make an argument that you should be given custody for extended periods so that the child can fulfill his/her residency requirements so that he/she retains PR.

Just a note, you should speak with a lawyer regarding what documentation you will need to travel internationally with your child. I know Canada does not like to let parents leave the country with a child unless both parents are present or the present parent has a notarized letter giving him/her authorization to leave the country with the child.

[CharlieD10]

If he's immigrating as a skilled worker, his spouse is not being sponsored, she is an accompanying family member.  What he needs to do is to contact the embassy that issued their visas and advise them immediately of the change to his family situation.  The visa office will instruct him on what needs to be done in respect of his new circumstances, i.e. whether all the visas will be withdrawn, cancelled and re-issued only for him or what exactly needs to be done in the circumstances.

Failure to advise the embassy of material changes to your circumstances (marriage, divorce, births, deaths etc) can be construed as misrepresentation.  Contact the embassy, advise them via a proper medium (i.e. in writing) of the change to your circumstances and request their instructions on how to proceed.  I am fairly sure you would have received a letter with your visas explaining that changes to your circumstances must be reported to the embassy before you complete landing.