HELP REQUIRED--Marriage Fraud!

[Phuldeep]

Sponsorship means that for a period of three years from the date that your sister "landed" as a Permanent Resident, her sponsor is financially responsible for her and avoiding her needing to go onto welfare.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355&top=14

Thanks Zardoz for the quick reply. Yes she did “landed” as permanent resident. He used to torment for even basic needs or stuff he bought for her and when she was coming back to India never gave any money knowing the fact she had left her government job to be with him and is jobless.

What do you suggest would be better option? Staying in India and filing a case there for divorce and coming to Canada on travel document and file a case here? Is that possible he could have revoked her sponsorship?

 

[zardoz]

Thanks Zardoz for the quick reply. Yes she did “landed” as permanent resident. He used to torment for even basic needs or stuff he bought for her and when she was coming back to India never gave any money knowing the fact she had left her government job to be with him and is jobless.

What do you suggest would be better option? Staying in India and filing a case there for divorce and coming to Canada on travel document and file a case here? Is that possible he could have revoked her sponsorship?

Come to Canada, if that's where she wishes to spend her future and file for divorce here. She is more likely to be treated fairly by a Canadian divorce court. This is an Ontario specific document about sponsorship obligations but the principles are country wide.

http://atwork.settlement.org/downloads/atwork/D9_Understanding_Sponsorship_Breakdown.pdf

There is ZERO possibility of having her sponsorship revoked/cancelled. She is now a PR.

 

[Phuldeep]

Come to Canada, if that's where she wishes to spend her future and file for divorce here. She is more likely to be treated fairly by a Canadian divorce court. This is an Ontario specific document about sponsorship obligations but the principles are country wide.

http://atwork.settlement.org/downloads/atwork/D9_Understanding_Sponsorship_Breakdown.pdf

There is ZERO possibility of having her sponsorship revoked/cancelled. She is now a PR.

Thank you for the response Zardoz. I really appreciate you taking out time to answer my query. Thanks again!

 

[Bryanna]

Thank you for the response Zardoz. I really appreciate you taking out time to answer my query. Thanks again!

The option of filing for a divorce in a BC court may not be possible at this point in time.

To file for divorce:
1. She should have resided in BC for at least one year prior to filing the divorce petition (which is probably not the case considering when she landed as a PR/or when she moved to Vancouver), and

2. The BC court will grant a divorce decree only one year after separation

 

[Phuldeep]

Unfortunately not much you can do but get a divorce. If he physically abused her you can report him to the police. This is really a civil matter. Did he apply for spousal sponsorship? If she is a PR she can apply for a prtd. He may have cancelled her sponsorship. You can contact CIC to advise him that he is trying to marry someone else while already married (bigamy) and he seems to be providing immigration in exchange for financial support but that also highlights your case.

Thanks for the reply Canuck. He didn’t physically abused her but her tortured her mentally, emotionally and financially. He even used to threaten her for non consensual sex! Yes he applied for spousal sponsorship and my sister came on spousal PR. She has the landing paper with her currently. Can he cancel her sponsorship?? As what I went through online it says if one refuses or when there is criminal record against them or if pr is converted to citizenship then only it gets revoked!

https://prcardcanada.ca/faqs/how-can-i-lose-my-permanent-resident-status/

Please correct me if I am wrong !

 

[Phuldeep]

The option of filing for a divorce in a BC court may not be possible at this point in time.

To file for divorce:
1. She should have resided in BC for at least one year prior to filing the divorce petition (which is probably not the case considering when she landed as a PR/or when she moved to Vancouver), and

2. The BC court will grant a divorce decree only one year after separation

Thanks for sharing the information Bryanna. What do you suggest to do in this case if she comes to Canada? Or if she doesn’t come then? As that guys is searching for the bride and may get married anytime sooner and my sister would be wasting her 1 year on him!

 

[canuck_in_uk]

The option of filing for a divorce in a BC court may not be possible at this point in time.

To file for divorce:
1. She should have resided in BC for at least one year prior to filing the divorce petition (which is probably not the case considering when she landed as a PR/or when she moved to Vancouver), and

2. The BC court will grant a divorce decree only one year after separation

As long as the husband has lived in BC for at least a year, she can file for divorce after the one year of separation even if she is not here.

 

[Phuldeep]

The option of filing for a divorce in a BC court may not be possible at this point in time.

To file for divorce:
1. She should have resided in BC for at least one year prior to filing the divorce petition (which is probably not the case considering when she landed as a PR/or when she moved to Vancouver), and

2. The BC court will grant a divorce decree only one year after separation

Thanks for sharing the information Bryanna. What do you suggest to do in this case if she comes to Canada? Or if she doesn’t come then? As that guys is searching for the bride and may get married anytime sooner and my sister would be wasting her 1 year on him!

As long as the husband has lived in BC for at least a year, she can file for divorce after the one year of separation even if she is not here.

@canuck_in_uk thanks for the information. This guy is in BC since 2015 with some days here and there in India. My sister went to him in October 2017 and came back in Jan 2018. So does it mean one year gap doesn’t matter even she stayed with him for 3 months and it’s now 5 months they are staying separate (obviously no contact maintained by the guy). Or the countdown for 1 year gap still doesn’t matter or it will be counted the day she left for India in Jan??

 

[canuck78]

Thanks for the reply Canuck. He didn’t physically abused her but her tortured her mentally, emotionally and financially. He even used to threaten her for non consensual sex! Yes he applied for spousal sponsorship and my sister came on spousal PR. She has the landing paper with her currently. Can he cancel her sponsorship?? As what I went through online it says if one refuses or when there is criminal record against them or if pr is converted to citizenship then only it gets revoked!

https://prcardcanada.ca/faqs/how-can-i-lose-my-permanent-resident-status/

Please correct me if I am wrong !

Unfortunately think your sister just has to move on. As previously noted he did nothing criminal he is just not a nice person. Your sister will have to figure out what she wants to do with her life and whether she would like to stay in India or move back to Canada. Since she landed he can not cancel her sponsorship.

 

[canuck_in_uk]

Thanks for sharing the information Bryanna. What do you suggest to do in this case if she comes to Canada? Or if she doesn’t come then? As that guys is searching for the bride and may get married anytime sooner and my sister would be wasting her 1 year on him!



@canuck_in_uk thanks for the information. This guy is in BC since 2015 with some days here and there in India. My sister went to him in October 2017 and came back in Jan 2018. So does it mean one year gap doesn’t matter even she stayed with him for 3 months and it’s now 5 months they are staying separate (obviously no contact maintained by the guy). Or the countdown for 1 year gap still doesn’t matter or it will be counted the day she left for India in Jan??

The one year generally starts when the couple decides the marriage is over.

 

[Bryanna]

What do you suggest to do in this case if she comes to Canada? Or if she doesn’t come then?

It's her choice where she would like to stay.

As that guys is searching for the bride and may get married anytime sooner and my sister would be wasting her 1 year on him!

You can safely count this possibility out.

This guy cannot get married again without first being granted a divorce decree either in Canada or in India. Otherwise he would be committing bigamy which is illegal under Indian Laws and the Canadian Criminal Code. Not to forget, he cannot sponsor another 'spouse' because his current sponsorship undertaking for your sponsoring your sister, is still valid.

thanks for the information. This guy is in BC since 2015 with some days here and there in India. My sister went to him in October 2017 and came back in Jan 2018. So does it mean one year gap doesn’t matter even she stayed with him for 3 months and it’s now 5 months they are staying separate (obviously no contact maintained by the guy). Or the countdown for 1 year gap still doesn’t matter or it will be counted the day she left for India in Jan??

Separation means the time from when it is generally considered that the marriage is over. It does not mean 'living and staying apart'.

Your sister can file a divorce petition in the BC court anytime after the separation, but the divorce judgement will be given only when the one year of separation is completed.


IMO, the options are:
1. File a divorce petition in the BC court on grounds of one year of separation.

2. Do not attempt a divorce petition on the grounds of 'mental and emotional cruelty' as these are very difficult to prove in the court + the case can take several years before a divorce decree is granted.

3. There will be problems in filing this divorce petition because my guess is this won't be an 'uncontested' divorce.


OR

1. Request mediation by senior members of both families/ common friends.... to get the guy to agree to divorce by 'Mutual Consent' in India,

2. If the 'Mutual Consent' option fails then your sister can have a lawyer in India to send/serve a legal notice on the guy that your sister intends to proceed with divorce... and about one month after the service of this legal notice, she can file the divorce petition in a Family Court in India.

3. I recommend your sister does not wait until the guy files for divorce first. Generally, the court which first accepts a divorce petition is considered to have the legal jurisdiction to pass judgement, and any other divorce petition filed subsequently in another court normally will not proceed with the matter

 

[vensak]

Maybe one more important thing to ask. Did she get condition for PR. In the past there was a condition that the couple has to live 2 years together after PR is granted. They stopped to used them, but maybe she was still the case.
Would she still get that condition, that would mean that she could loose her PR if not fulfilling it.

Another thing what he can do (also it would be a nasty move). He can try to accuse her of a marriage fraud. Not that it would fly, but there is this possibility.

 

[zardoz]

Maybe one more important thing to ask. Did she get condition for PR. In the past there was a condition that the couple has to live 2 years together after PR is granted. They stopped to used them, but maybe she was still the case.
Would she still get that condition, that would mean that she could loose her PR if not fulfilling it.

Another thing what he can do (also it would be a nasty move). He can try to accuse her of a marriage fraud. Not that it would fly, but there is this possibility.

There is no conditional PR now, for anyone. The legislation was retroactive.

 

[Miraclejj]

She had the Landing paper when she came and she was asked to submit the photos again which she did 1 month before she came back to India. Her PR card didnt came or may be it was not told to her by her husband if it even arrived.

Can she asked for PR card status and if yes where? Can she have her PR card mailed again to my address?

TBH, I really don't believe that your sister had landed as a PR. The time line you provided didn't add up. Your sister got married in Jan. 2017, it probably would take couple weeks to prepare and submit the Sponsorship Application, and trust me it could be seen as fast. So, CIC may receive the application in Feb. 2017, the earliest. Then you said your due day was November, 2017, and your sister had come to Canada already. You probably didn't think that the average process time for application applied before March, 2017 from India (or overall) were longer (12 or more months) than those submitted after March, 2017 (10 months). If you check the NDVO thread on this forum, you would know that applicants from India that applied in early months of 2017, they would probably got their DM in March of 2018.

 

[vensak]

It would be possible, however in that case the application would have been common law, which means that your sister would have to live with her current husband at least 1 year together (and from the calculation above some time before marriage). Now that is a bit strange.
Because from the accounting of your story you seem to be more kind of a conservative family.
So I am not sure how living with a guy prior to a marriage would be accepted.
And if ever that part was faked to be able to go for common law. Then would that be discovered, that would mean loosing a PR status for her.

Also if ever she immigrated on her own (for example using EE), then her husband can sponsor somebody else. All he needs is 1 year separation and he can go for a common law relationship.