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Convention Refugee who married Refugee claimant and later Applied for Pr

Sep 1, 2018
4
2
Hello, this is my first time posting a question so I hope I am in the right place.

I am a female Convention Refugee and I am married to a female Refugee Claimant. We decided not to get married until we got a place together. After we got the place and got married, her claim was denied and she filed for an appealed in March 2018. We (Her, her three kids, myself and my child) filed for PR in May.

She then had her cousin, his wife and kids, and a family friend with his wife and kids move into our home because she said they were homeless and their stay will be temporary. We gave up our bed, our room and it was unfair to me. I just tried not to be rude or mean to her family. I agreed to their temporary stay because when Her and I first met, she always mentioned that her family will be here soon and she wants to help them with a place. Well Temporarily felt like permanently and I started asking too many questions about their stay. She obviously got offended and argued with me against the conversation and she would brushed it off. I guess she didn’t want to kick them out or face any kind of extended excuses from them. After three months her extra family, the arguments and the silent treatments got to me and I moved out (yesterday). My heart is aching for the kids because I love them so much, I don’t want to imagine not being able to be with them. I was deeply in love with my wife but she showed me everyday that her family is way more important than the one we were building. So today I’m asking:

1) I am not the primary caregiver of her kids anymore so what Will happen to them if her appeal is denied?

2) What will happen to the PR application once I call to report the separation. Do I have to reapply on my own with my child and pay lawyer fees again or will she just be removed from the application?

3) If i was still the primary caregiver of her kids, and her Ref. claim was denied and a removal order has been issued for her, will her kids be able to continue on the PR application with me or will they have to leave as well?
 

Medoxtar

Star Member
Aug 20, 2018
93
14
Hello, this is my first time posting a question so I hope I am in the right place.

I am a female Convention Refugee and I am married to a female Refugee Claimant. We decided not to get married until we got a place together. After we got the place and got married, her claim was denied and she filed for an appealed in March 2018. We (Her, her three kids, myself and my child) filed for PR in May.

She then had her cousin, his wife and kids, and a family friend with his wife and kids move into our home because she said they were homeless and their stay will be temporary. We gave up our bed, our room and it was unfair to me. I just tried not to be rude or mean to her family. I agreed to their temporary stay because when Her and I first met, she always mentioned that her family will be here soon and she wants to help them with a place. Well Temporarily felt like permanently and I started asking too many questions about their stay. She obviously got offended and argued with me against the conversation and she would brushed it off. I guess she didn’t want to kick them out or face any kind of extended excuses from them. After three months her extra family, the arguments and the silent treatments got to me and I moved out (yesterday). My heart is aching for the kids because I love them so much, I don’t want to imagine not being able to be with them. I was deeply in love with my wife but she showed me everyday that her family is way more important than the one we were building. So today I’m asking:

1) I am not the primary caregiver of her kids anymore so what Will happen to them if her appeal is denied?

2) What will happen to the PR application once I call to report the separation. Do I have to reapply on my own with my child and pay lawyer fees again or will she just be removed from the application?

3) If i was still the primary caregiver of her kids, and her Ref. claim was denied and a removal order has been issued for her, will her kids be able to continue on the PR application with me or will they have to leave as well?
I’ll plead with you not to make any calls now to let them know about the separation. You already said something about the kids. Anything you do now think about the kids. She will later regret her action against you and still come back pleading. If you file that you got separated from her and her appeal got denied she must be removed immediately and it will affect the kids.
 

Buletruck

VIP Member
May 18, 2015
6,686
2,531
I’ll plead with you not to make any calls now to let them know about the separation
Except that she is obligated to inform IRCC of any changes in her status or risk a misrepresentation finding. That would be bad for everyone involved, including the OP and her own child.

You shouldn’t have to reapply. The application should continue processing, but with her removed from it.
 
  • Like
Reactions: scylla
Sep 1, 2018
4
2
Thank you both for the quick replies. I’ve been sleepless trying to figure out the outcome of all of this.

Yes my wife is extremely apologetic and fearful now, but doesn’t want to move out of the house or ask her family to leave as yet and I cannot wait any longer. She is begging for me not to call IRCC. I moved from our house in Brampton to a shelter in Sudbury (I have family in sudbury) and being without a job, the staff at the shelter already scheduled an appointment with OW where they will move my files from Brampton to Sudbury. This address change is definitely proof of separation so I do not want to be at risk for a misrepresentation finding.

I have considered waiting to call IRCC so I can have time to think about a solution for the kids, and I have also considered calling immediately after the holiday because I have a daughter of my own and both our status can be at risk if we don’t.

I am more for what is legally right and what wil affect my own daughter as well so I will make the call on Tuesday.

Thanks once again.
 

Buletruck

VIP Member
May 18, 2015
6,686
2,531
It’s a difficult situation, but IMO (and sorry if it comes across as cruel), you really need to look out for yourself and your child. I imagine this has been a long and difficult process for you and your daughter without adding the complications of a break up and the ramifications that involves. Only you can take care of yourself.
It an unenviable position and I wish you the best in whatever choice you make.
 
  • Like
Reactions: scylla
Sep 1, 2018
4
2
It’s a difficult situation, but IMO (and sorry if it comes across as cruel), you really need to look out for yourself and your child. I imagine this has been a long and difficult process for you and your daughter without adding the complications of a break up and the ramifications that involves. Only you can take care of yourself.
It an unenviable position and I wish you the best in whatever choice you make.
It’s has been long and difficult, I cant even begin to explain. But you are right. At this point I don’t see it as being cruel because I did try my best.
 

carolbb23

VIP Member
Jun 24, 2016
3,565
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017
It’s has been long and difficult, I cant even begin to explain. But you are right. At this point I don’t see it as being cruel because I did try my best.

What bluetruck is saying make sense.
 

carolbb23

VIP Member
Jun 24, 2016
3,565
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017

carolbb23

VIP Member
Jun 24, 2016
3,565
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017
I’ll plead with you not to make any calls now to let them know about the separation. You already said something about the kids. Anything you do now think about the kids. She will later regret her action against you and still come back pleading. If you file that you got separated from her and her appeal got denied she must be removed immediately and it will affect the kids.

Your asking her to commit immigration fruad
 

carolbb23

VIP Member
Jun 24, 2016
3,565
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017
They can sort things out instead of call cbsa to inform about the separation.

they can if cbsa find out she can be deported too
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Are you now saying the best is to call cbsa to inform them about the separation. What will happen to her partner?
She is responsible for being honest in her application. If they have separated she needs to report that she is no longer sponsoring her spouse for PR. Not sure why you are so worried about her partner. What is most important is that this woman doesn't mislead CIC and gets PR for her and her child.
 

Medoxtar

Star Member
Aug 20, 2018
93
14
I wish her best of luck.
She is responsible for being honest in her application. If they have separated she needs to report that she is no longer sponsoring her spouse for PR. Not sure why you are so worried about her partner. What is most important is that this woman doesn't mislead CIC and gets PR for her and her child.