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Condition 51, Abused Sponsored Spouses and Exception Requests

scrivener

Newbie
Sep 13, 2016
9
1
Hi all,

I have some questions regarding the impact of Condition 51 on sponsored spouses.


*Has anyone here experienced a relationship breakdown while under Condition 51?

  • *What was the process of going through the exception like? How were you treated by immigration officials?
    *Did you get the exception? If yes, how did you find out it was granted?
    *How was traveling internationally once you requested the exception?
    *How do you feel about the Liberal Government's proposal to repeal the exception?
    *Are you or anyone you know stuck in a dangerous relationship due to the Condition 51 2-year cohabitation rule and are afraid to leave?
    *Any Condition 51 horror stories (like the Cuban sponsored spouse who nearly died in a murder suicide perpetrated by his Canadian sponsor)?


    Thanks!
 
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mikeymyke

Guest
Are you yourself in an abusive relationship and trying to claim exemption? Describe your case to us and we can help determine if u qualify
 

scrivener

Newbie
Sep 13, 2016
9
1
No, but figure it would be good to start a thread for others who feel lost and are suffering due to this cruel regulation.
 
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mikeymyke

Guest
It's not a cruel regulation at all. It protects the sponsor by not allowing a deceiving spouse to abandon the marriage and start a new life in Canada. It protects the sponsored person by allowing them to stay in Canada if they are abused. The sponsored person also has the option of returning home to their country. The government wouldn't have introduced this Condition 51 if there weren't so many cases of sponsored people abandoning their spouses, so you should really be blaming the bad apples from these countries rather than the government. Also, during the first 2 years of this condition, the sponsored person has all the same rights as a non-Condition 51 person: they all can still work, get benefits, travel, etc.

If it makes you feel better, at least the liberal government is planning to get rid of it.
 

scrivener

Newbie
Sep 13, 2016
9
1
mikeymyke said:
It's not a cruel regulation at all. It protects the sponsor by not allowing a deceiving spouse to abandon the marriage and start a new life in Canada. It protects the sponsored person by allowing them to stay in Canada if they are abused. The sponsored person also has the option of returning home to their country. The government wouldn't have introduced this Condition 51 if there weren't so many cases of sponsored people abandoning their spouses, so you should really be blaming the bad apples from these countries rather than the government. Also, during the first 2 years of this condition, the sponsored person has all the same rights as a non-Condition 51 person: they all can still work, get benefits, travel, etc.

If it makes you feel better, at least the liberal government is planning to get rid of it.
They may have the same rights and all, but not really. If your sponsor is the one that breaks up with you during the 2-year period, what are you supposed to do if you've been here and built friendships and a professional life? Why should you have to uproot your life again professionally and personally by having to move back? It's unfair and cruel to find yourself not only heartbroken, but also in a situation of deportation.
 
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scrivener said:
They may have the same rights and all, but not really. If your sponsor is the one that breaks up with you during the 2-year period, what are you supposed to do if you've been here and built friendships and a professional life? Why should you have to uproot your life again professionally and personally by having to move back? It's unfair and cruel to find yourself not only heartbroken, but also in a situation of deportation.
And if it was the sponsored person who disengaged from the relationship, or caused issues? Is it fair for the sponsor to have to continue to be financially responsible for that person?
 

scrivener

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Sep 13, 2016
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What if they can prove they can be financially responsible for the remaining time of the undertaking? What if the sponsor caused the sponsored to disengage?
 

profiler

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scrivener said:
What if they can prove they can be financially responsible for the remaining time of the undertaking? What if the sponsor caused the sponsored to disengage?
That's why they have exceptions.
 
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mikeymyke

Guest
scrivener said:
They may have the same rights and all, but not really. If your sponsor is the one that breaks up with you during the 2-year period, what are you supposed to do if you've been here and built friendships and a professional life? Why should you have to uproot your life again professionally and personally by having to move back? It's unfair and cruel to find yourself not only heartbroken, but also in a situation of deportation.
You have to remember, the whole point of someone sponsoring a spouse, is that the spouse is being sponsored to come live in Canada, so that they can live together in a loving and genuine marriage, NOT so the person being sponsored gets a backdoor route to immigration. That's why CIC will refuse applications if the primary reason for someone being sponsored is to immigrate to Canada and not because the spouse wants to live and be with their sponsor.

If someone really doesn't care about immigrating to Canada or not (which should be the case for everybody), and just wants to come here to be with their spouse, but the relationship breaks down, why continue to decide to remain in a country that you've only been in for a short time versus going back to your home country where you have been born and raised, have long time friends and family there, having lived there for two decades versus a few months to a year in Canada? That's why Condition 51 is for 2 years: after 2 years, the sponsored person will have long established Canada as their home and has contributed to our country, and shouldn't have to be sent back home

If the sponsor was the one who caused relationship to breakdown, that's not as near as devastating as your sponsor emotionally, physically, and mentally abusing you. Because of the severity of abuse, that's why they grant exception to those people, not just if the relationship breaks down.

As for people who don't want to lose their professional life and really want to stay in Canada, why not leave your sponsor and apply through economic streams to immigrate here? Is it not ironic that you're not abused, but you want to remain in Canada through your spouse (whom you dont want a relationship with anymore)? You're pretty much using your spouse as a back door route to enter Canada, despite not wanting anything to do with him (and NOT being abused). It's like you're saying "I'm sorry things aren't working out for us John, but thanks for getting me into Canada by the way".

Also look at what profiler says, if the sponsored person was the one who initiated breakup, why should the sponsor have to then support them for the next 3 years? If Condition 51 is gone, then definitely the sponsor will bear a significant finanicial risk, and the sponsored person will be in the driver's seat completely.

What if they can prove they can be financially responsible for the remaining time of the undertaking?
Even if they prove that by showing they're employed, that won't stop someone from getting financial assistance or welfare if their economic situation goes bad. It's like how parents cannot immigrate here if their health costs are too high. Someone can write a letter promising that they will bear all the costs of their parents' medical treatment, but that won't stop them from using the public health system, because that's their right to use our tax dollars. Just like it's the sponsored person's right to use financial assistance/welfare if they need it (once again, I keep saying Condition 51 PRs have the same rights as regular PRs), but unfortunately of course, it would be the sponsor who would have to pay those costs for the next 3 years. Again, you see here, the sponsor bears all the financial liability in a broken down relationship.

I feel like you're more concerned about a person's professional and social well being rather than a person's own safety, since you keep talking about how detrimental Condition 51 would be on someone's career and friends in Canada, rather than how Condition 51 can protect someone whose life is in danger.
 
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just a square

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mikeymyke made excellent points. I hope Condition 51 won't be revoked because only non Canadians would benefit from it.
 

profiler

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Well said mikeymyke.

The CIC has a directive to protect Canadians. If the sponsored person is a fraud, then they are obligated to help. In the same vain, if the sponsor is abusive, then the CIC is also obligated to help. So, Condition 51 is reasonable.
 
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mcbeth

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Having gone through a recent separation from a sponsored spouse with C51, I would like to inform everyone that CIC/IRCC is no longer enforcing Condition 51, at least that's what the woman told me when I called them yesterday. She mentioned the 3 year undertaking of responsibility, but I had to ask specifically about the breach of c51, after being on hold for a few minutes she came back and said they aren't paying attention to it anymore. Said my spouse (ex) is a PR and that's that.
 

Omegabyte

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mcbeth said:
Having gone through a recent separation from a sponsored spouse with C51, I would like to inform everyone that CIC/IRCC is no longer enforcing Condition 51, at least that's what the woman told me when I called them yesterday. She mentioned the 3 year undertaking of responsibility, but I had to ask specifically about the breach of c51, after being on hold for a few minutes she came back and said they aren't paying attention to it anymore. Said my spouse (ex) is a PR and that's that.
I would be careful and not assume this until there is an official bulletin or statement from IRCC or the Immigration Minister. One thing I've learned in 50 some years of life on this planet is that there's no such thing as a straight answer from a government agency. Especially a call center for a government agency.
 
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mikeymyke

Guest
Agreed, the CIC agents have been known to give erroneous information, a lot of forum members here have posted that they gave out wrong info.
 

canuck_in_uk

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mcbeth said:
Having gone through a recent separation from a sponsored spouse with C51, I would like to inform everyone that CIC/IRCC is no longer enforcing Condition 51, at least that's what the woman told me when I called them yesterday. She mentioned the 3 year undertaking of responsibility, but I had to ask specifically about the breach of c51, after being on hold for a few minutes she came back and said they aren't paying attention to it anymore. Said my spouse (ex) is a PR and that's that.
As the others have said, the IRCC call centre is notorious for providing bad or just completely wrong information, so don't rely on this.