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Vanitas

Newbie
Nov 15, 2014
7
0
Hi.

I have a very complicated situation and so I written below a summary of my story.. I will be very thankful for any guidance or output you can give..
I am holding a PR visa but currently I am outside of Canada for 2 years now.
First, when I applied my PR before, the included secondary applicants were my eldest daughter and my ex-husband. But during the time of my application, our marriage has actually failed already, my ex-husband abandoned us in replace of another woman whom he met in this country A where he work. Moreover to that, our annulment case was already on-going. - As for me, I live in country B, met and had my partner also. During that time that my visa application is at its almost 80%, we took my daughter and she has lived with me and my partner for more than half a year. My daughter actually considered and acknowledged my boyfriend as her father even until now.
About my application, I applied under FSW, I actually did not want to include my ex-husband to my application. and I cannot include my boyfriend in the application since I was not yet legally separated. My agent said that I will be short of 5 points and so I will be unable to apply for the visa - so the other option is to try taking ielts with a higher score but said that it will be very difficult and will only take much time and money. and so I followed his advise that the best and easiest thing to do was to include my ex so I can get additional 5 points in order for me to meet the 60 points passmark. The plan was to get a PR and once we get to Canada, to file for divorce after so I can sponsor my partner later on. --- my fault is I followed the advise, - Now I realized that I should have tried taking the ielts, even for many times, to get a higher score, so I dont have to include my ex. But that time, I dont have enough knowledge for the application and has relied almost everything to my agent, because I know that he is more knowledgeable to this.

So I tried to contact my ex, I emailed that I need him to provide me the documents needed.. I told him that its for our daughter, that at least through this, he could help. as he is not even giving any support, financially or even emotionally for my daughter. I have the right intention for me to give my daughter a good future.. and so we completed the whole process and after I received the PR stamp on our passports and the COPR, I sent back to him only his passport without taking off the Visa sticker but I hold with me his COPR as I believed that he cannot step in Canada without the COPR. I did not even mention anything that aside from the visa stamp, there is a COPR, which is the most important document. I just told him that he cannot use the visa stamp in his passport because I kept with me one important travel document.
My daughter (8 years old that time) and I entered Canada, and everything was prepared, we carried enough money as what I estimated that could support our stay for 6 months. I also managed to reserve and get a 1 bedroom apartment that I requested to a friend to help look and reserve for us. but just that same week after we landed, I learned that I am almost 6 weeks pregnant. I felt really sad as I knew that it will be a very difficult situation for me as we still need to adjust and most especially it was only me and my daughter. Yes, I have friends there, they were willing to help me, but it was still so different compared to my family to assist me. I felt the situation was so difficult. I struggled emotionally plus the difficulties that while I am going to work (I got a casual job after 5 weeks we landed, while I still looked for work in line with my skill), moreover, I have to attend to our needs such as preparing everything, going to groceries, have to send / pick up my daughter in school.. and especially going alone for pre-natal check-ups. I was also afraid that I might slip on roads since that was during the start of the winter months and i am only walking going to her school and also walks to work since it was all walking distances from our apartment. We were in our almost 3rd month stay that I decided to give up and so I bought plane tickets for me and my daughter. I also withdrawn my contract with the leasing company for my apartment, resigned to my job but by telephone call only, I cancelled my credit card, and withdrawn my money but I did not close my bank account. -- I wanted to give birth in Canada as this will be best for my 2nd child, the chance to be a Canadian born, but it was really difficult for me, the hardest is the suffering emotionally... -- and One week before our flight is when I received mine and my daughter's PR cards. And on our 3.5 months, we traveled back to my native country C and so gave birth there. My new baby carries the paternal name, her father which is my boyfriend. After few months, I flew back to country B, where I was working before, left behind temporarily my eldest and my second daughter with my parents, in country C.. so to work to save money and go back in Canada in 2 years so I can still maintain our PR.
As for my ex-husband, I also learned that he used the visa before its expiry and entered Canada with his girlfriend, maybe under tourist visa, (my ex has close relatives in Canada and I think that helped his gf.) I wonder also how he managed to enter Canada despite that I did not give to him the COPR, and I did not send even a machine copy., They stayed there for only a month and they went back to country A where they work. Im wondering, could he get proper documents and rights like the PR Card and SIN card in Canada without the COPR? -- because I did not bother to ask him anymore about this. --while as for my partner, he tried two times applying for a tourist visa so he can visit us or even find a job for him to stay legally until we can be legally married, but unfortunately, his tourist visa application was denied.
Our annulment was granted and was released just after I gave birth but what is written in the certificate is it was granted within the month that me and my daughter were in Canada... With the Court's decision that I have the full custody of my daughter.
This is what really worries me now, I am going back to Canada with my eldest daughter next year, so we can still meet the 730 days requirement before our PR expires. -- But Im worried, first, will the immigration revoke our visa due to to the reason of not declaring the truth, that I included and used points from my ex-husband but actually have a failed marriage already and an on-going annulment during the time of my application. ? -- second, if in any case that fortunately the immigration will still consider me because of my reasons why I did it, will it be possible for me to sponsor my partner and my youngest daughter for them to get a PR also later on? -- I did not even yet inform the Canada embassy that I have additional child, because I am afraid that they will know that she's with a different father, that I am already pregnant with another man the time we landed in Canada, --especially I am still outside Canada and that they may not allow us to back anymore. It worries me that I dont know what is waiting for me. Im afraid and I do not know what to do, I dont want to give-up my residency status, its for my children to give them a good future..And I dont want that its only me and my eldest daughter, I want my partner and my youngest daughter to join us so we will not be apart from each other..
Also, my partner and I is scheduled for a Civil Wedding next month, and after that, he may also legally adopt my eldest daughter.. If, there will be chance to sponsor my partner and my youngest (I hope and pray), will this create difficulty for my going back to Canada next year? Please help...

Generally, I say my life is full of trials and difficulties, but I remain a strong and positive person, for my children. I dont understand why my life went like this. I am not a bad person, and what happened to that failures especially the failed marriage was not my fault and definitely not I expected and wanted. Bad things happened and I have to accept and move on... Wrong is, I used my ex-husband and now the situation got complicated. ---I would really appreciate any opinion or advise you will give. Thanks in advance.
 
Sounds like a mess. As for if immigration will question you using points from your husband when you landed, you will basically have to wait and see. If they ever ask, you can say that you were having marital problems and had both been cheating but that at your landing, you were hoping that you would work things out. Then you found out that you were pregnant by another man and that was the end of that. If you lose your PR over this, so will your husband.

You do not need to worry about his PR at this point. You are in no way responsible for his PR or need to care how he landed without the COPR. However, if he is living in Canada, you can of course go to court once you get here yourself and make him pay child support for your older child.

As for sponsoring your boyfriend, you either have to have been living with him for 12 months to qualify as a common law and this needs to be the 12 months immediately before your return to Canada and you sponsor him right away or you get married to him and then you can sponsor him any time as your husband. You do however have to be in Canada to sponsor him and your younger child.

You should not cut it too close with the residency requirements. Better return as soon as you can so you can have a bit of freedom in case you want to go back and visit your boyfriend and younger child during the sponsorship processing time. As a sponsor, you must be residing in Canada so you can not leave to visit them for a long time. Maximum 2-3 weeks.
 
Hi Leon,
- Thank you so much. Your reply is giving me hope that someday these things will be fine.

- As for my ex-husband, if he stayed there-- no, they only stayed for 1 month. but i dont know if they will go back to canada or not anymore. --

- As for my boyfriend, we are set to get a civil marriage next month. Will this not create a conflict that when I return to Canada, I am already married to another person? -and also for sponsoring my boyfriend, will the immigration ask for my previous marriage' annulment documents or do I need to get a divorce in Canada? -- If they ask for annulment documents, will this affect my PR visa? -as they will see that the case was already on going during my application for PR and even was granted just months after our landing?.. -- and also, in sponsoring, how much time usually is the sponsorship process?

- and Yes, I will follow your advice, i will try for me and my older daughter to return to Canada as soon as we can.. --by the way, what about our 3.5 months stay before?, can I still use this as part of the 730 days requirement?

Thanks in advance Leon... and God bless you and the people behind this forum.
 
You have been outside Canada for a long time. Immigration may not know how long it takes to get an annulment, if it was already being processed when you landed or not. After getting an annulment, you are free to marry someone else. There is no problem there.

Your 3.5 months stay before will be counted as a part of the 730 days needed.

The sponsorship processing time depends on your visa office. You can see some timelines here: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp