Husband (sponsored) left his wife (sponsor) ...so....??

[MelJam]

Hi,
I would like to know if someone has a clue how to proceed when the husband (sponsored person) left his wife (sponsor) . I mean left the house to go live somewhere else. Since there is a new law (25 oct 2012) about the sponsor and sponsored should cohabit together how can we report this, and what is going to happened? The wife doesnt know where her husband is?
Thanks to advise.

 

[canuck_in_uk]

CIC may cancel the husband's PR status, or not at their discretion, but i believe the report will cancel the wife's obligation as a sponsor.

The sponsor's undertaking is NOT cancelled simply by reporting the split. It only ends when the 3 year obligation is completed or if the person's PR status is revoked.

 

[MelJam]

Ok thanks for info, I heard about to contact Canada Border Services Agency to report and they will investigate.
Thank you so much for your replies!

 

[SenoritaBella]

She can contact the CIC call centre using 1-888-242‑2100 to report "marriage fraud" (http://www.cic.gc.ca/english/contacts/call.asp) as well as CBSA (border services).

I found this link online that says the report gathers more attention if your MP helps you with it (don't know if it's true): http://www.immigrationwatchcanada.org/take-action/report-fraud/

When did the lady submit the application? If it was before Oct 25, 2012, the chances of him getting in trouble are slim except you have solid proof of fraud (e.g. lying on PR application, did not declare a child, fake documents, etc). If it was after Oct 25, 2012, then the 2-year cohabitation applies and CIC/CBSA could take action resulting in his PR being cancelled. Unfortunately, the lady will not be told what action(if any) are taken for privacy reasons.

 

[canuck_in_uk]

If it was after Oct 25, 2012, then the 2-year cohabitation applies and CIC/CBSA could take action resulting in his PR being cancelled. Unfortunately, the lady will not be told what action(if any) are taken for privacy reasons.

Without knowing more about this couple's relatioship, you cannot state that Condition 51 applies. It doesn't apply to everyone who submitted their app after Oct 25th, 2012. Those who have been in a relationship for 2 or more years or who have a child together when the app is submitted do not have Condition 51.

 

[WeeHippieElf]

The sponsor's undertaking is NOT cancelled simply by reporting the split. It only ends when the 3 year obligation is completed or if the person's PR status is revoked.

misinformation removed - thanks for clarifying

 

[SenoritaBella]

You are right... forgot about that part.

Without knowing more about this couple's relatioship, you cannot state that Condition 51 applies. It doesn't apply to everyone who submitted their app after Oct 25th, 2012. Those who have been in a relationship for 2 or more years or who have a child together when the app is submitted do not have Condition 51.

 

[Aquakitty]

Without knowing more about this couple's relatioship, you cannot state that Condition 51 applies. It doesn't apply to everyone who submitted their app after Oct 25th, 2012. Those who have been in a relationship for 2 or more years or who have a child together when the app is submitted do not have Condition 51.

Unfortunately if you are married the length of your relationship doesn't matter, only the length of time you've been married. I've been with my spouse living together for 9 years and we still got condition 51 I assume because our app was sent in the beginning of March, and our 2 year anniversary was March 31.

 

[canuck_in_uk]

Unfortunately if you are married the length of your relationship doesn't matter, only the length of time you've been married. I've been with my spouse living together for 9 years and we still got condition 51 I assume because our app was sent in the beginning of March, and our 2 year anniversary was March 31.

Have a look here http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp, section 2.3:

Condition does not apply if:

- Couple is married for more than two years; or
- Couple have been in a conjugal relationship for more than two years; or
- Couple have cohabited in a common-law relationship for more than two years; or
- Have children in common.


You only have to meet one of the requirements for Condition 51 to not apply. Though you were married less than 2 years, you had cohabited in a common-law relationship for several years. You would not be the first to have Condition 51 applied in error (the opposite has also happened, no Condition 51 given even though it did apply). I know there has been at least one person who returned their COPR and had the condition removed.

 

[Aquakitty]

Have a look here http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp, section 2.3:

Condition does not apply if:

- Couple is married for more than two years; or
- Couple have been in a conjugal relationship for more than two years; or
- Couple have cohabited in a common-law relationship for more than two years; or
- Have children in common.


You only have to meet one of the requirements for Condition 51 to not apply. Though you were married less than 2 years, you had cohabited in a common-law relationship for several years. You would not be the first to have Condition 51 applied in error (the opposite has also happened, no Condition 51 given even though it did apply). I know there has been at least one person who returned their COPR and had the condition removed.

Interesting, the way it's worded it seems like they stick you in a category, which didn't make any sense to me. I don't think it's worth returning the COPR over though, but it was pretty ridiculous to get that condition even though we've been living together in Canada since 2006.

 

[MelJam]

OK I have more infos:

So the marriage is more than 2 years currently but the application of sponsorship has been sent after Oct 25 2012.

The boarder service wil open an investigation and apparently when they will find the sponsored they will give 30 days to make him leave the country or arrange his things and if he did not then will be arrested and deported. This is information from someone who had an experience similar.