conditional permenant recident investigation
- Thread starter kepi
- Start date
kepi said:
They won't be sent home based on the adultery, no. However, if they have conditional residency based on spousal sponsorship, and they have NOT lived with their sponsoring partner for at least 2 years since landing, they could be deported based on marital breakdown of the relationship. Or if the marriage is broken down and the sponsoring spouse has called CIC to declare marital breakdown then CIC will begin it's own investigation as to whether to deport the conditional PR or not.
kepi said:
I have heard of 2 cases of conditional PR's being send back home. I don't know the specifics , such as whether it was due to adultery, however, I know they were sent back because they did not remain in the relationship for 2 years following landing. If you are the 'offending' party, you can assume that your spouse may have already contacted CIC to report the marital breakdown and they will then decide how to proceed. If you are the spouse being cheated on, then you should contact CIC and report the marital breakdown if you don't plan to continue in the relationship.
Once CIC is contacted, the ball is in their court and they make the decisions. The only person that will ultimately know the full outcome would be the spouse being investigated for non compliance of the conditional rules.
Either way, best of luck to you.
Wat did the io migration say? When did he got here? Can you private message me I have the same issue too. But my husband cheated on me while he was still home.he kept it from me .evrything was off since he got here. His not staying with me for almost 5 mo tha now . I want to send him home . Haven't reported him yet to cic . His willing to go home and he with the new family .i think that washis planned . He promised to marry the other woman .he just used me Asa ticket to come here and met hisdreams
kepi said:
You have done all that you can do. You called CIC and informed them of the break down and they will now take care of it. If they see fit they will send him back home. They likely won't tell you anything at all about what is going on. Sorry, but to them, it's none of your concern once you have given them the required information. You can always call and ask, but I suspect that you will be met with a 'Not your concern any longer' type of a response.
All you can really do now is begin the healing that you need to continue on track with your life. Best of luck to you.
rocris said:
All you can do is report to CIC for marital breakdown. I think in other threads I've read from you that your husband is not until Condition 51, in which case likely nothing will come of it, however you really do need to report him. If he remains in Canada and then files for divorce, all he would need to do then is marry the other girl and he can bring her and his 'family' here to Canada to live his dream.
You can report him for marriage fraud and see what happens but there is no guarantee that anything will happen, at least not fast.
The husband can get divorced and marry his new girlfriend but as he was sponsored as a spouse himself, he will not be able to sponsor her to Canada until 5 years after he got his PR.
I know of one case of somebody losing their PR based on having tried to sponsor a new spouse. This person got their PR based on spousal sponsorship, left the husband right away, sponsored another man for PR a few years later. Immigration actually looked into the persons first marriage and concluded that it was a marriage of convenience and hence she should never have gotten PR and so they revoked it. This could happen to the husband in this case too, even though he doesn't have condition 51 on his PR.
The husband can get divorced and marry his new girlfriend but as he was sponsored as a spouse himself, he will not be able to sponsor her to Canada until 5 years after he got his PR.
I know of one case of somebody losing their PR based on having tried to sponsor a new spouse. This person got their PR based on spousal sponsorship, left the husband right away, sponsored another man for PR a few years later. Immigration actually looked into the persons first marriage and concluded that it was a marriage of convenience and hence she should never have gotten PR and so they revoked it. This could happen to the husband in this case too, even though he doesn't have condition 51 on his PR.
Leon. .. Did the guy reported her to cic? This husband of mine is giving me a hard time wen I asked him to go home and be wit the other family at its he doesn't want too coz he said doesn't have a saving and don't have work there . Anyway then he said his willing to do it. He said I'm pressuring him told him he should understand my situation ived paid for evrything for him to be here. He doesn't wanna file divorce coz of money but his earning more than I am .by the way we got married in the Philippines.can we file a divorce here or do we need to file annulment in the Philippines .some people says don't do it here file it back home.and if he get home and not be reported he could still be able to come back.right?sorry if I ask too much. Just confused . Ived been emotionally abused by my husband and losing my baby was the toughest ordeal that I have to go through without him by my side without showing compassion.
rocris said:
No, that was the thing, the former husband did not report her to CIC. She had left him right away, a few years later tried to sponsor a new spouse and CIC looked into her case and came to the conclusion that her first marriage was a fraud and revoked her PR.
You should report your husband to CIC as well but you can not influence what they will or will not do about it. If you want to legally break your ties with him, you can divorce him in Canada or get an annulment in the Philippines. If you get divorced in Canada but no annulment in the Philippines, neither of you can get married in the Philippines again as they will still see you as married there.
You can ask him to leave Canada and he may do it but as a PR, he can always come back.
CIC will weigh the information provided and determine if there is a case that has any merit to it for presenting to the courts on inadmissibility. The spouse has rights under due process to challenge the CIC report. It may get messy and these hearings are open to the general public so dirty laundry may be aired by both parties. The sponsored spouse can't be made to leave if there is no Condition 51. The sponsor remains liable for their financial commitment to the Government of Canada for the prescribed period - for this reason most sponsors end up preferring the spouse to work and not be on welfare. Paying back such money just adds salt to the injury of the failed relationship.
Msafiri said:
The sponsored spouse can have their PR revoked even if there is no condition 51 but it is harder and immigration usually doesn't bother. I know of at least a couple of cases where it's happened. One of them was the case I cited above and I also know of a woman whose husband left her as soon as he landed and she picked through his application with a fine tooth comb and found that he had lied about a 2 month period in his background history that he was unemployed but said he had been studying. She reported him to immigration for misrepresentation and not for marriage fraud and he lost his PR and was deported. Marriage fraud can be hard to prove. One party says it was, the other party said it was a normal relationship break-up.