Failed relationship

[kkerroppi07]

I received my visa as a Permanent Resident of Canada last June 18 but my relationship with my sponsor is failing now. Is there a possibility i can still pursue it? Please help me!

 

[Ponga]

If you are saying that you received your PR last June...and as long as it is not a `conditional' PR (meaning that you had not been together for at least 2 years, if you were sponsored by a common-law partner), you should be ok.

 

[kkerroppi07]

i was sponsored as a Conjugal Partner and I'm still outside Canada. is there no way i can continue my Permanent Resident status?

 

[keesio]

i was sponsored as a Conjugal Partner and I'm still outside Canada. is there no way i can continue my Permanent Resident status?

Do you mean that you haven't landed yet and officially become a permanent resident?

 

[zardoz]

If you haven't "landed" as a PR yet, you probably shouldn't if you and your sponsor are no longer together.

 

[Desi-girl]

As of October 2012, there is a conditional PR where the sponsor and the applicant have to stay together for 2 years if the applicant wants to keep PR once the applicant lands in Canada. If you haven't landed in Canada and things are working out for the both of you, that is unfortunate but you may not be able to get PR status in Canada. I took the following information from the CIC website:

New regulations have been put in place that affect some newly sponsored spouses or partners coming to Canada. Now, sponsored spouses or partners in relationships of two years or less and who have no children in common with their sponsor at the time of the sponsorship application have a condition attached to their permanent resident status upon arrival in Canada.

What conditional permanent residence means for you
If you have been granted conditional permanent residence, you must live together with your sponsor in a legitimate relationship for two years from the day you receive conditional permanent residence. The condition ends after the two-year period.

Am I affected by this new measure?
Yes, if … your application was received on or after October 25, 2012.

Yes, if … you have been in a relationship of two years or less and do not have children in common with your sponsor.

No, if … you have been in a relationship with your sponsor for more than two years.

No, if … you had children in common with your sponsor at the time of your sponsorship application.

Your rights
Upon receiving conditional permanent residence, you have all the rights and privileges of a permanent resident:

You are allowed to work or study in Canada without a work or study permit.
You have access to health coverage and social services.
You are allowed to leave and re-enter Canada.
If you are a victim of abuse or neglect, you do not have to remain in an abusive situation. It does not matter whether the conditional permanent residence measure applies to you. In Canada, abuse is not tolerated. All physical and sexual abuse is a crime. All child abuse must be reported.

 

[mikeymyke]

You just have to ask yourself, is it more important to get PR, or go back home and move on with your life? Your home country is where you have lived for most of your life, you are familiar with the language, culture, etc. By choosing to live in Canada as a single woman, you are all by yourself in a foreign land, having to start over in your career, job, housing, etc. This can be a very stressful situation, and its probably best for you to go back home and move on. Remember, you were in a relationship with this person hopefully, because you love him, not because you wanted to come to Canada. If you wish to continue living here, you should apply as a skilled worker, student, or other such means.

 

[kkerroppi07]

Thank you for all your replies. It is helping me although im still very confused on what to do and what are the rights i have, if there is any? The situation i am in is very depressing. I have been in that relationship for 5 years and we both did the best we can in able for us to hopefully live together in Canada. But we ended up this way rather.

 

[Desi-girl]

Thank you for all your replies. It is helping me although im still very confused on what to do and what are the rights i have, if there is any? The situation i am in is very depressing. I have been in that relationship for 5 years and we both did the best we can in able for us to hopefully live together in Canada. But we ended up this way rather.

It is unfortunate that the both of you put a lot of time into the application and waited for the processing. I don't know why your relationship turned sour after 5 years and nobody is going to ask because we can understand it is not easy for you. It is a long time spent in a relationship and I am sure it makes you wonder why you had not seen the signs before. I hope there are no children involved because it is sad when they have to live separately from both parents. But on the bright side, you weren't married to him, so you aren't legally stuck with him.

If you don't mind my asking, do you still want to come to Canada, even if you aren't together? And is the relationship falling apart the main reason you haven't landed in Canada yet?

Frankly, there aren't many options or rights for you as PR applicant. This is also one of the reasons why the conditional PR is in place so that applicants do not leave their spouses or partners once PR is obtained and this is also the reason why immigration laws have become tougher. Immigration officers want to make sure the relationship will hold strong and won't dissolve once PR is obtained, or it is labelled as fraud.

Be strong.. and maybe consult a lawyer about your options.

 

[automaton82]

Frankly, there aren't many options or rights for you as PR applicant. This is also one of the reasons why the conditional PR is in place so that applicants do not leave their spouses or partners once PR is obtained and this is also the reason why immigration laws have become tougher. Immigration officers want to make sure the relationship will hold strong and won't dissolve once PR is obtained, or it is labelled as fraud.

Slightly off topic, but how does condition 51 encourage that? It just means that if the applicant does run away, it's on the sponsor (to support them), and not on the Canadian gov't. While this will resolve cases where the sponsor enters into a known fraudulent sponsorship (for money, for example), it doesn't solve the case where the applicant is deceiving the sponsor, which seems to be more common.

 

[Desi-girl]

Slightly off topic, but how does condition 51 encourage that? It just means that if the applicant does run away, it's on the sponsor (to support them), and not on the Canadian gov't. While this will resolve cases where the sponsor enters into a known fraudulent sponsorship (for money, for example), it doesn't solve the case where the applicant is deceiving the sponsor, which seems to be more common.

Well, the sponsor is supposed to take care of all of the applicant's needs (the reason sponsors have to sign the undertaking). If the applicant runs away and/or does not live with the sponsor before the conditional PR time of 2 years are over, the applicant will not get PR status and will have to go back to his/her country and the sponsor will not have to take responsibility for the whole of 5 years of undertaking. This is because, both sponsor and applicant have to show proof that they have been cohabiting as married or conjugal couple.

 

[zardoz]

Well, the sponsor is supposed to take care of all of the applicant's needs (the reason sponsors have to sign the undertaking). If the applicant runs away and/or does not live with the sponsor before the conditional PR time of 2 years are over, the applicant will not get PR status and will have to go back to his/her country and the sponsor will not have to take responsibility for the whole of 5 years of undertaking. This is because, both sponsor and applicant have to show proof that they have been cohabiting as married or conjugal couple.

It's 3 years, not 5, and the applicant already has PR status. It has to be actively revoked.

 

[Rob_TO]

i was sponsored as a Conjugal Partner and I'm still outside Canada. is there no way i can continue my Permanent Resident status?

I don't quite understand this, do you mean you've received COPR in June 2013 but have still not actually come to Canada yet to land as a PR? In this case when does your COPR expire?

Or do you mean you've already landed as a PR and have your PR card, but are just living outside of Canada now?

If you only have COPR and haven't landed as PR yet, then if you break up with your sponsor you should not do the landing. Your COPR is for a conjugal couple, but if you land as a single person that would be misrepresentation.

 

[Alurra71]

It's 3 years, not 5, and the applicant already has PR status. It has to be actively revoked.

She is talking about condition 51, Zardoz, which grants you the conditional PR for 2 years. I can only ASSUME if the relationship dissolves in that first 2 years, that condition 51 would allow the gov't to deport the applicant without having to follow the same rules as they would to revoke a full PR. Of course, it's very new and I've only read one case here that a spouse landed with condition 51 and then left with his new g/f 3 weeks later. He is now trying desperately to get back with his wife/sponsor after contact from CBSA. Don't know the outcome of that one, but I suspect they told him he was under order for deportation now or something of that sort. Time will tell.

 

[zardoz]

She is talking about condition 51, Zardoz, which grants you the conditional PR for 2 years. I can only ASSUME if the relationship dissolves in that first 2 years, that condition 51 would allow the gov't to deport the applicant without having to follow the same rules as they would to revoke a full PR. Of course, it's very new and I've only read one case here that a spouse landed with condition 51 and then left with his new g/f 3 weeks later. He is now trying desperately to get back with his wife/sponsor after contact from CBSA. Don't know the outcome of that one, but I suspect they told him he was under order for deportation now or something of that sort. Time will tell.

I replied to that. She said that a spousal undertaking is 5 years, which is incorrect. It's 3 years. She also said that the applicant will not get PR status, which is also incorrect. The applicant already has full PR status as soon as they land. You don't magically acquire it after the end of the conditional 2 years.