PR Condition 51 and finacial issues and threats

[chs2yyc]

My wife who is a PR with condition 51 left the country and cheated on me. She then told me she would not return our child. She later threatened to come back to Canada and live of public assistance to screw me over.

I filed for divorce and she brought my son back because of a court order issued by a judge.

I notified CIC of the threat, the divorce, and the custody order.

We have a court date for Friday for custody. My fear is if she gets custody she will apply for public assistance and screw me financially, even though she cheated on me ending the relationship.

What can I do to prevent this? I understand the 3 year obligation, but how is that fair if she cheated on me and threatened me?

 

[dpenabill]

My wife who is a PR with condition 51 left the country and cheated on me. She then told me she would not return our child. She later threatened to come back to Canada and live of public assistance to screw me over.

I filed for divorce and she brought my son back because of a court order issued by a judge.

I notified CIC of the threat, the divorce, and the custody order.

We have a court date for Friday for custody. My fear is if she gets custody she will apply for public assistance and screw me financially, even though she cheated on me ending the relationship.

What can I do to prevent this? I understand the 3 year obligation, but how is that fair if she cheated on me and threatened me?

I am sorry that your life has taken this difficult turn. Failed relationships are rarely easy, too often all too painful.


Beyond that, are you asking "how is it fair" for the individual who guaranteed the government he or she would support an individual for a minimum of three years to actually be required to support that individual? Not sure I get what the fairness question is really about.

As for divorce proceedings in Canada, like in many countries, fault has little or nothing to do with support obligations or the distribution of assets, financial or otherwise. The fact one spouse cheats on the other is largely irrelevant. Sure, infidelity constitutes grounds for granting a dissolution of the relationship. No more.

If the person you sponsored goes on public assistance, your minimum support obligations are determined by your commitment to the government of Canada in the sponsorship application (which you submitted).

Beyond those obligations, what additional support obligations and other financial responsibilities you may have will be determined in due course by the appropriate court pursuant to domestic law (which varies some in different provinces), regarding which it is best to at least consult with a lawyer experienced in divorce law. Again, fault is not relevant in determining these obligations.

 

[Lammawitch]

+1 to Depenabill's answer.

You have done all you can do by reporting the situation to CIC. If/when the divorce is granted, send a copy of the judgement to CIC. Then move on with your life. Make sure to be as involved as you can with your son's upbringing, even if your (soon to be ex) wife gets custody.

This is not immigration related, more family law: your lawyer could argue that you should get custody, given that your (soon to be ex) wife already removed him and refused to bring him back until ordered by a judge (just an opinion based on the info you gave).

 

[Alurra71]

My wife who is a PR with condition 51 left the country and cheated on me. She then told me she would not return our child. She later threatened to come back to Canada and live of public assistance to screw me over.

I filed for divorce and she brought my son back because of a court order issued by a judge.

I notified CIC of the threat, the divorce, and the custody order.

We have a court date for Friday for custody. My fear is if she gets custody she will apply for public assistance and screw me financially, even though she cheated on me ending the relationship.

What can I do to prevent this? I understand the 3 year obligation, but how is that fair if she cheated on me and threatened me?

Because she has Condition 51 she is required to cohabit with you for 2 years after landing. Based on your previous post history this hasn't happened. You've reported to CIC about the breakdown in marriage, so on and so forth, so I would THINK that her threat really doesn't hold much water. The effective essence of condition 51 is to relieve a sponsor of his/her sponsorship when the marriage breaks down before that 2 year mark. The downside is this also means that your wife (soon to be ex) will have her PR status removed and she will have to leave the country. Of course this presupposes that CIC enforces its own set of rules and regulations. Another secondary downside is that if your wife is granted custody and is required to leave the country, she will likely be taking the child as well.

If I were you, I would ensure I have retained a good lawyer for this one. Just in case. Make sure you fight for your rights as a father. Dads are just as important as moms.

Good luck

 

[Lammawitch]

If I were you, I would ensure I have retained a good lawyer for this one. Just in case. Make sure you fight for your rights as a father. Dads are just as important as moms.

Good luck

+1

Yes. They are. Signed, divorced mother who fought to keep divorced dad in our children's lives.

Again, the OP needs a family law lawyer, not immigration.

 

[Abia]

Dear Forum Members,

A close friend of mine in Toronto is in abusive relationship. She was sponsored by her husband from India in 2012 and entered in Canada in 2013 August. Her husband and her in-laws are emotionally abusive to her ever since she got here as her husband is alcoholic and bipolar , all in all she is in hell right now and very scared to take any step.

My question is, she landed in Toronto in August 6, 2013 since then it has been two years of cohabitation also she has no condition 51 on her landing papers. I encouraged her to take a divorce and move out of that abusive relationship but she is unsure because her in-laws are threatening her with deportation and she doesn't also know anybody else here. I really appreciate your input in this regard.

Please reply....

 

[scylla]

Dear Forum Members,

A close friend of mine in Toronto is in abusive relationship. She was sponsored by her husband from India in 2012 and entered in Canada in 2013 August. Her husband and her in-laws are emotionally abusive to her ever since she got here as her husband is alcoholic and bipolar , all in all she is in hell right now and very scared to take any step.

My question is, she landed in Toronto in August 6, 2013 since then it has been two years of cohabitation also she has no condition 51 on her landing papers. I encouraged her to take a divorce and move out of that abusive relationship but she is unsure because her in-laws are threatening her with deportation and she doesn't also know anybody else here. I really appreciate your input in this regard.

Please reply....

They can't deport her - these are empty threats. Tell her to leave her husband and obtain a divorce as soon as possible.

 

[Abia]

They can't deport her - these are empty threats. Tell her to leave her husband and obtain a divorce as soon as possible.

Thank you Scylla for your prompt reply.

 

[scylla]

Thank you Scylla for your prompt reply.

I hope things work out for your friend.

 

[Abia]

I hope things work out for your friend.

Hopefully.

So, I can tell her that as It has been more than 2 years ( Her PR status is secured & renewable ?) and her in-laws under any circumstances can not deport her if she intend for divorce from their lunatic son. Furthermore, how this divorce would effect on her citizenship process ?

I myself not much of an immigration expert nor can afford one, So I appreciate if you could elaborate things for me here.....

Appreciate it.....

Regards
Sister

 

[scylla]

It doesn't matter whether it's been less than 2 years or more than 2 years. She doesn't have conditional residency so she is free to leave the relationship / divorce and it will have absolutely no impact on her PR status. If her husband / parents in law report her to CIC - nothing will come of this. It's very clear this wasn't a marriage of convenience. It's just a relationship that went wrong. Again, her PR status is perfectly safe. She should leave her husband as soon as possible and stop putting up with his behaviour.

Getting divorced will have no impact on citizenship. The only thing that matters for citizenship is meeting the 4 out of 6 year residency requirement.

 

[Abia]

It doesn't matter whether it's been less than 2 years or more than 2 years. She doesn't have conditional residency so she is free to leave the relationship / divorce and it will have absolutely no impact on her PR status. If her husband / parents in law report her to CIC - nothing will come of this. It's very clear this wasn't a marriage of convenience. It's just a relationship that went wrong. Again, her PR status is perfectly safe. She should leave her husband as soon as possible and stop putting up with his behaviour.

Getting divorced will have no impact on citizenship. The only thing that matters for citizenship is meeting the 4 out of 6 year residency requirement.

Greatly appreciate it.

Thank you Scylla for you informative and assertive reply.

 

[Abia]

It doesn't matter whether it's been less than 2 years or more than 2 years. She doesn't have conditional residency so she is free to leave the relationship / divorce and it will have absolutely no impact on her PR status. If her husband / parents in law report her to CIC - nothing will come of this. It's very clear this wasn't a marriage of convenience. It's just a relationship that went wrong. Again, her PR status is perfectly safe. She should leave her husband as soon as possible and stop putting up with his behaviour.

Getting divorced will have no impact on citizenship. The only thing that matters for citizenship is meeting the 4 out of 6 year residency requirement.

Dear Scylla,

Do you mind if I ask for your email address or anything similar where I could send the scanned copy of her landing papers for your review. A second thought !

Regards
Sister

 

[Lammawitch]

Dear Scylla,

Do you mind if I ask for your email address or anything similar where I could send the scanned copy of her landing papers for your review. A second thought !

Regards
Sister

Unnecessary, & inappropriate request. Whether or not your friend has condition 51 on her PR card is irrelevant.

If you wish to help your friend, contact, or help her contact these resources that can & will help her:
http://www.familyservicetoronto.org/programs/vaw/centres.html

Alternatively, look for & and contact women's shelters in her area of Toronto, they can and will advise & help. Abuse does not need to be physical.

If your friend is scared, she should try to assemble all her paperwork (ID, passport, bank card(s), etc etc) in a safe place outside her home. Have a bag of basic clothing/necessities packed & ready to go in a safe place she can grab it & "run"; or, if feasible, remove these items gradually & in secret and store them in a safe place (e.g. A friend's house - but not if that's the first place the abusive husband would look for her).

I don't generally reply to PMs, but if you wish to pm me the general area of Toronto, I can probably provide contacts for specific organisations who can physically help her to get out.