Husband threatening to revoke PR if divorcing

[Tlein]

Hello every one.

First of all I want to thank everyone who is involved in this forum, since all the information I found here was extremely helpful when I started my immigration procedure. Everything went perfect and I have been living and working in Canada as a PR for a little more than a year and I absolutely love it!

SO to make a long story short, my husband is canadian, we have been together for 7 years and married for 4. Things have started to get a little tricky in the past months and we are starting to want different things in life. He wants us to start having kids, but I don't feel comfortable with the idea of bringing a baby into a relationship that just might be getting worse and worse.

He said that if we don't have kids soon he will ask for a divorce and do everything he can to have my PR revoked. I told him that it's not possible since I haven't done anything wrong and I have the right to do as I want, but he said he would find a way.

This whole conversation was more of a bad joke to him, but after thinking about it a few days later I started to feel worried.

Does anybody know if he could do that? Send a complaint or something and have me loose my PR?

I'd really appreciate it if anyone can give me some advise on how to deal with this and prepare myself if the worst should happen.

Thanks again!
T.

 

[scylla]

He can't revoke your PR. This is an empty threat.

Sorry you're going through this...

 

[BCguy]

Correct,You were together for long time,btw Why dont you apply for your Canadian citizenship?

 

[Leon]

The only thing he could possibly do is if he knows that you lied about anything on your PR application. He can not claim marriage fraud after 4 years of marriage.

 

[Tlein]

Thanks for all your answers! I know it's an empty threat but just wanted to get some feedback on the issue. I can't apply for citizenship yet, even though we've been married for 4 years, I have only been living in Canada as a PR for a little more that 1 year. For what I know I can apply only after 3 years after becoming PR... right?

Thanks again for your replies, I feel much better now

T.

 

[Leon]

You can apply for citizenship once you have lived in Canada for 3 years as a PR within a 4 year period so if you have lived in Canada for a year now, you have 2 years to go.

 

[newtone]

Firstly the idea of threatening to revoke your PR card is a really cheap
Secondly if he is making more money than you a divorce will cost him more because you are entitled to have half of all he owns.
Thirdly, apply for your citizenship.

Save the best for the last, but I am just kidding no need to take this seriously.....Have a kid with someone else.......and give him a surprise.......lol

 

[BCguy]

Yes,let him try to revoke your PR

 

[Baloo]

Yes,let him try to revoke your PR

As we all know it is not going to happen - unless his name is Stephen Harper ;D ;D ;D

 

[toby]

The only thing he could possibly do is if he knows that you lied about anything on your PR application. He can not claim marriage fraud after 4 years of marriage.

Leon: to raise a side issue, if I may; are you implying that if there is marriage fraud (e.g. the PR lies in the application), then the PR status could be revoked and the PR deported? Does this happen?

There was a long thread about the consequences of not declaring "family members" in the PR application (i.e. children; can anyone else be a "family member"?). If the PR applicant does not declare a family member, then that family member can never be sponsored at a later date by the applicant. However, I have NOT read anywhere that the PR could have his/her PR revoked simply for omitting the family member from the PR application.

(By the way, it has been explained that the reason Canada investigates family members NOT being sponsored to Canada in the PR application is that if one of them is a criminal, then the Applicant might be denied a PR visa. This is the only reason that makes sense of Canada’s spending time to investigate family member who have no plans to come to Canada. (Otherwise, if the PR later changed his/her mind and wanted to sponsor a family member not mentioned in the original PR application, the family member could be investigated later, at no increase in net time spent.)

A second example that has not been discussed in this forum, to my knowledge. What about the female PR applicant who becomes pregnant after being granted PR status, but before landing in Canada? She would be in a quandary, I imagine.

(1) If she lands in Canada while visibly pregnant, could she be denied entry?

(2) If she delivers the baby in her home country while waiting for her PR, and declares this change of circumstance, would that change delay her PR application while Canada investigates her baby? (And would Canada ask for a Police Report for a 6-month-old baby?)

(3) If she becomes a PR, but delivers the baby in her home country, can she get a TRV for the baby, bring it to Canada, and then apply for PR status for the baby? There was another thread on this topic, with a very confusing array of contradictory answers, both from member of the forum and (by report via a member) from CIC officers.

Anyone who can guide us through this labyrinth will become a cherished member in good standing, and venerated forever.

 

[Leon]

Right, lying to immigration on your PR application is misrepresentation and can cause you to lose your PR if you are caught. It has happened that people who get married while waiting for PR and do not add their spouse to the application have lost their own PR and been deported. However, it is more common that they are just not allowed to sponsor their spouse.

When you complain about marriage fraud, immigration may look into the case, they may investigate but it may be hard to prove, they may not do much about it. In this case as they have been married that long, there is very little chance that immigration will be interested in hearing about marriage fraud. They might however be interested if the person had lied on their PR application. I remember a woman on this forum who claimed to have gotten her cheating PR husband deported based on a lie that he made about a 2 month period of his background history where he said he was in school but was really unemployed.

The reason you have to list all your close relatives on your PR application and have them examined is because spouses and dependent children are not denied sponsorship based on excessive demand. If you were allowed to forget them at your convenience, everybody who has a disabled child for example would just forget to list it and sponsor it later.

As for the pregnant PR woman:

1) I don't think she would be denied to land as a PR, being pregnant. Never heard of such a case.

2) It would delay her application to add the baby but it is the only way to go if she has not herself managed to land before the baby is born. They will ask for medicals for the baby. I don't think a police report is needed.

3) If she already landed before the baby was born, if the baby is visa exempt, she can bring it with her and sponsor once she is in Canada. If the baby is not visa exempt, she can apply for a TRV. A TRV may be denied based on the baby planning on remaining in Canada permanently (as much as a baby can make any plans to that effect). She can apply for a TRP based on the baby having been denied a TRV but having H&C reasons to come to Canada anyway. A TRP might also be denied. Last resort, she leaves the baby with relatives and goes to Canada alone to sponsor it.

In such a situation, it is better for the woman to try to avoid situation 3) by either landing while she is pregnant and having the baby in Canada or letting the visa office know that she is pregnant and that she wants to add the baby to her PR application so they can both get PR visas and land at the same time.

 

[Baloo]

Of course immigration must act on some of the fraud and or misrepresentation.

At present there are plans being discussed that will increase the penalties for citizenship fraud to a maximum of $100,000 or up to five years in prison or both.
Immigration is a "hot button" for the government and many cradle Canadians, posts here list a lot of proposed changes.

Coming to Canada is not likely to get easier.

 

[toby]

The reason you have to list all your close relatives on your PR application and have them examined is because spouses and dependent children are not denied sponsorship based on excessive demand. If you were allowed to forget them at your convenience, everybody who has a disabled child for example would just forget to list it and sponsor it later.

Thanks, Leon.

I follow your logic … right up until the part about having to list all family members in the PR application, specifically those with no plans to come to Canada with the PR applicant. I can think of many situations in which Canada’s examining non-accompanying family members at the outset is a waste of time, and only one in which it perhaps does make sense. I’d value your thoughts in this particular point.

First, a family member is a child or other dependant, right? Parents too? Anyone else?

Examining non–accompanying family members at the outset consumes scarce resources (for the Applicant who must run around getting documents, as well as for the Canadian visa officer), and lengthens processing times. So, what is the advantage to Canada?

To use your example of the handicapped child, the child will have no bearing on Canada’s decision to award or deny the Applicant a PR visa – even if the child might impose an “excessive demand” on Canada’s health-care system.

So, why require the parent to provide a lot of documents for the child -- particularly a medical examination that is excluded as a decision-criterion?

I can see the need to prove the child is truly the parent’s offspring – IF the child will accompany the parent to Canada, but NOT where the child will stay with grandparents in the home country. If the parent decides to sponsor the child to Canada later, that is the proper time to examine birth documents.

The only case where it makes sense to examine non-accompanying family members at the outset is IF Canada might discover something about the non-accompanying family member that could influence Canada’s decision on the PR Applicant’s visa. For example, might a family member having a criminal record influence Canada to deny a PR visa to an Applicant? If so, then it makes sense to examine all family members – including non-accompanying members – at the outset.

But I have never seen this specific point confirmed.

 

[Leon]

First, a family member is a child or other dependant, right? Parents too? Anyone else?

Only the people who can be included in your initial PR application as companying or non-accompanying must be examined. Those are dependent children and spouses only.

To use your example of the handicapped child, the child will have no bearing on Canada's decision to award or deny the Applicant a PR visa – even if the child might impose an “excessive demand” on Canada's health-care system.

Yes it will. If the dependent child or spouse has an excessive demand health problem, the whole family would be refused. Only if the parent or one spouse is already a PR and applies to sponsor a child or spouse with an excessive demand problem, they will not be refused on those grounds.

I assume that this policy is there to keep families together. Canada doesn't want you to leave your spouse or ditch your children to get PR and yet they want to reserve the right to refuse people who are excessive demand.

I can see the need to prove the child is truly the parent's offspring – IF the child will accompany the parent to Canada, but NOT where the child will stay with grandparents in the home country. If the parent decides to sponsor the child to Canada later, that is the proper time to examine birth documents.

Ok, understandable that they refuse if it is not your kid but if they were to move the excessive demand decision to the time of sponsorship, you will have a lot of tears in the media. There will be cases where somebody left the disabled child with the parents to give the rest of the family a better life and then the parents die and they can not sponsor this child because he is excessive demand, they will go to the papers and cry. There will be cases where you left a healthy child behind until at a better time and he is in an accident and now he is excessive demand and can not join you etc. etc.

 

[tinuadeadebola]

Hello every one.

First of all I want to thank everyone who is involved in this forum, since all the information I found here was extremely helpful when I started my immigration procedure. Everything went perfect and I have been living and working in Canada as a PR for a little more than a year and I absolutely love it!

SO to make a long story short, my husband is canadian, we have been together for 7 years and married for 4. Things have started to get a little tricky in the past months and we are starting to want different things in life. He wants us to start having kids, but I don't feel comfortable with the idea of bringing a baby into a relationship that just might be getting worse and worse.

He said that if we don't have kids soon he will ask for a divorce and do everything he can to have my PR revoked. I told him that it's not possible since I haven't done anything wrong and I have the right to do as I want, but he said he would find a way.

This whole conversation was more of a bad joke to him, but after thinking about it a few days later I started to feel worried.

Does anybody know if he could do that? Send a complaint or something and have me loose my PR?

I'd really appreciate it if anyone can give me some advise on how to deal with this and prepare myself if the worst should happen.

Thanks again!
T.

My dear after being married for four years dont you think your husband wants someone to call him daddy? i know you have your reasons for not wanting a child yet but dont you think he also has reasons for wanting? i think both of you should find a common ground and help each other to be happy thats basically the whole essence of marriage ;building happy relationships.
I have three kids and i tell you as a fello woman children sure bring spark to your heart. All the best in your decisions