***Marriage Annulement Time?***

[Jamestoca]

Hello guys!

A friend of mine (girl) applied for PR through Family Sponsorship Class and she still waiting for the process. However, she and her husband always fight each other or discuss; as a result, her husband threat in annul the marriage. The doubt that she has is, how long does he have for annul the marriage after that they've got married?

Cheers

 

[scylla]

Is her husband the sponsor? If so, she should be aware that he can withdraw and cancel the spousal sponsorship application within an annulment. He doesn't have to wait for an annulment to cancel the application.

 

[spousalsponsee]

Hello guys!

A friend of mine (girl) applied for PR through Family Sponsorship Class and she still waiting for the process. However, she and her husband always fight each other or discuss; as a result, her husband threat in annul the marriage. The doubt that she has is, how long does he have for annul the marriage after that they've got married?

Cheers

That'll depend on where the annulment takes place. Broadly, if they've been together for a very long time & have slept together since the marriage, an annulment is unlikely; if this is a country where divorce is impossible, annulments may be different. If the marriage has broken down, even if it is still legal on paper, the husband can & should withdraw the sponsorship (and indeed, he can for any reason at any time - it's just, if the marriage hasn't broken down before and then he pulls out, it would probably break down in short order ).

 

[Jamestoca]

Is her husband the sponsor? If so, she should be aware that he can withdraw and cancel the spousal sponsorship application within an annulment. He doesn't have to wait for an annulment to cancel the application.

Yes, he is her sponsor!

 

[Jamestoca]

That'll depend on where the annulment takes place. Broadly, if they've been together for a very long time & have slept together since the marriage, an annulment is unlikely; if this is a country where divorce is impossible, annulments may be different. If the marriage has broken down, even if it is still legal on paper, the husband can & should withdraw the sponsorship (and indeed, he can for any reason at any time - it's just, if the marriage hasn't broken down before and then he pulls out, it would probably break down in short order ).

Actually, they've been together, the marriage hasn't broken down "yet" and they met together in Canada and both are still living together but with these problems.Therefore, there is not a specific time for he annul the marriage and cancel her application, that's right? I think I got it.

 

[scylla]

Actually, they've been together, the marriage hasn't broken down "yet" and they met together in Canada and both are still living together but with these problems.Therefore, there is not a specific time for he annul the marriage and cancel her application, that's right? I think I got it.

I can't tell you about the annulment. However he can certainly cancel the application at any time.

 

[spousalsponsee]

Actually, they've been together, the marriage hasn't broken down "yet" and they met together in Canada and both are still living together but with these problems.Therefore, there is not a specific time for he annul the marriage and cancel her application, that's right? I think I got it.

If they are living together in Canada and the marriage had not broken down, they are unlikely to be able to annul the marriage (although it could be possible, especially if they've never slept together). Completely separate from that (potential annulment or divorce is irrelevant to this), the sponsor can withdraw the sponsorship at any time for any reason.

 

[Jamestoca]

I can't tell you about the annulment. However he can certainly cancel the application at any time.

Certainly I agree that he is able to cancel the application at any time but perhaps is unlikely to annul the marriage. Anyways, let's say after she gets her PR, how long does she needs stay married with him for do not lose her permanent residency, even though she is suffering these problems?

 

[scylla]

Certainly I agree that he is able to cancel the application at any time but perhaps is unlikely to annul the marriage. Anyways, let's say after she gets her PR, how long does she needs stay married with him for do not lose her permanent residency, even though she is suffering these problems?

There's no black and white answer to your question. However if she leaves him soon after getting PR, then he could report her to CIC for entering into a marriage of convenience. CIC would then investigate and could revoke her PR status.

If she has no plans to stay with him - she shouldn't go forward with the sponsorship applications. That's fraud.

 

[carolbb23]

Certainly I agree that he is able to cancel the application at any time but perhaps is unlikely to annul the marriage. Anyways, let's say after she gets her PR, how long does she needs stay married with him for do not lose her permanent residency, even though she is suffering these problems?

What Scylla say it's true CIC and ircc takes it seriously

 

[Jamestoca]

There's no black and white answer to your question. However if she leaves him soon after getting PR, then he could report her to CIC for entering into a marriage of convenience. CIC would then investigate and could revoke her PR status.

If she has no plans to stay with him - she shouldn't go forward with the sponsorship applications. That's fraud.

I understand but he cannot report as a marriage of convenience because they actually "loved" each other and she has proofs. Anyway, let's say that they understand each other that they need to annul or divorce because they can't live together anymore. Does she needs to wait a certain time to divorce or annul, or she simply can do it right away after she gets her PR?

 

[scylla]

I understand but he cannot report as a marriage of convenience because they actually "loved" each other and she has proofs. Anyway, let's say that they understand each other that they need to annul or divorce because they can't live together anymore. Does she needs to wait a certain time to divorce or annul, or she simply can do it right away after she gets her PR?

If that's really her question then she's engaging in fraud to obtain PR.

 

[carolbb23]

I understand but he cannot report as a marriage of convenience because they actually "loved" each other and she has proofs. Anyway, let's say that they understand each other that they need to annul or divorce because they can't live together anymore. Does she needs to wait a certain time to divorce or annul, or she simply can do it right away after she gets her PR?

That basically fruad and ircc and cic find out they can take her PR away

 

[spousalsponsee]

I understand but he cannot report as a marriage of convenience because they actually "loved" each other and she has proofs. Anyway, let's say that they understand each other that they need to annul or divorce because they can't live together anymore. Does she needs to wait a certain time to divorce or annul, or she simply can do it right away after she gets her PR?

If they no longer love each other, then the marriage has broken down, and the sponsor should withdraw as soon as possible. The sponsor can withdraw at any time of their choosing, for any reason of their choosing. Simply having been in a genuine relationship with someone at some point in the past does not oblige the sponsor to sponsor them (and whilst, if the relationship is continuing and genuine, the sponsor can choose whether or not to sponsor them, if the relationship is no longer ongoing, they are not permitted to sponsor them).

If she is intending on leaving her partner, then she should absolutely not continue with a fraudulent PR application. They could both get in a lot of legal trouble, the fraudulent wife could be deported at any time, and the sponsor would be financially liable for any welfare she claimed for years after their separation.

 

[carolbb23]

If they no longer love each other, then the marriage has broken down, and the sponsor should withdraw as soon as possible. The sponsor can withdraw at any time of their choosing, for any reason of their choosing. Simply having been in a genuine relationship with someone at some point in the past does not oblige the sponsor to sponsor them (and whilst, if the relationship is continuing and genuine, the sponsor can choose whether or not to sponsor them, if the relationship is no longer ongoing, they are not permitted to sponsor them).

If she is intending on leaving her partner, then she should absolutely not continue with a fraudulent PR application. They could both get in a lot of legal trouble, the fraudulent wife could be deported at any time, and the sponsor would be financially liable for any welfare she claimed for years after their separation.

Anything is possible