I am in Limbo...My Sponsor cheated on me and I have just become a PR....

[RickyT]

Hello,

I landed in Canada 5 Months ago under the Sponsorship process, My now EX Common-law partner sponsored me and we were together for a number of years before.

I have recently found out and have proof that unfortunately she cheated on me and I can no longer stay with her.

My whole life is in Canada, I move over 3 years ago under a work permit and have a life here now, I cant imagine leaving but I don't know what I can do legally.

I have Condition 51 so if we don't live together for 2 years I instantly loose my status?. My now EX has said that she will not report or inform the CIC as we are no longer living together to help me...and she knows she did wrong. its a bad situation.

I cant just leave the country, I have a full-time life here now, A Great Job, a car, a mortgage everything! I cant just get deported over something which I didn't do!? Yes the Condition 51 Rule is to protect the Sponsor!! But what about the Applicant!!?

I am at a total loss and what steps I should take..I have looked into Applying for Express Entry as I have more than enough points to be entered however how can someone who has a PR card like myself re-apply for a PR??? I would be more than happy to apply for Express Entry if I could??

Any advise or information would be helpful

 

[Naponga]

Hello,

I landed in Canada 5 Months ago under the Sponsorship process, My now EX Common-law partner sponsored me and we were together for a number of years before.

I have recently found out and have proof that unfortunately she cheated on me and I can no longer stay with her.

My whole life is in Canada, I move over 3 years ago under a work permit and have a life here now, I cant imagine leaving but I don't know what I can do legally.

I have Condition 51 so if we don't live together for 2 years I instantly loose my status?. My now EX has said that she will not report or inform the CIC as we are no longer living together to help me...and she knows she did wrong. its a bad situation.

I cant just leave the country, I have a full-time life here now, A Great Job, a car, a mortgage everything! I cant just get deported over something which I didn't do!? Yes the Condition 51 Rule is to protect the Sponsor!! But what about the Applicant!!?

I am at a total loss and what steps I should take..I have looked into Applying for Express Entry as I have more than enough points to be entered however how can someone who has a PR card like myself re-apply for a PR??? I would be more than happy to apply for Express Entry if I could??

Any advise or information would be helpful

I am sorry to hear about your situation! after all that you've been through, I are positive you don't want to work it out (reconcile) pray about and find it in your heart to forgive her. after all, she went through hell to sponsor you. Maybe the long distance got to her and temptation gave way. Still not an excuse to be unfaithful towards your partner. In my little opinion, find it in your soul and make it work. HEAL and continue what you both planned.

 

[Rob_TO]

I have Condition 51 so if we don't live together for 2 years I instantly loose my status?. My now EX has said that she will not report or inform the CIC as we are no longer living together to help me...and she knows she did wrong. its a bad situation.

I cant just leave the country, I have a full-time life here now, A Great Job, a car, a mortgage everything! I cant just get deported over something which I didn't do!? Yes the Condition 51 Rule is to protect the Sponsor!! But what about the Applicant!!?

You don't get instantly deported. If CIC learns of the breakup and that you are no longer cohabiting, they can start an investigation into your status, and may decide to revoke your PR. It's entirely up to CIC. According to the rules CIC only protects the PR in cases of abuse (which doesn't apply to you). Nobody can tell you for sure what CIC will or won't do.

If your partner never reports the breakup, then there's a chance CIC will never find out and after 2 years your PR will simply turn into full PR status.

However there's also the chance CIC could find out about it other ways. You will need to change your address for pretty much everything (like drivers license with province), and you and your ex will need to change status with CRA for tax purposes. Who knows if CIC will be checking status of conditional PRs though from other government records.

I am at a total loss and what steps I should take..I have looked into Applying for Express Entry as I have more than enough points to be entered however how can someone who has a PR card like myself re-apply for a PR??? I would be more than happy to apply for Express Entry if I could??

You can't apply for PR again, as you are already a PR. You would need to formally lose/revoke your PR status, and only then could apply for it again. Of course once status is revoked, you would lose all rights as a PR and would need to find a legal way to stay in Canada (as visitor, student or worker).

 

[Sa3Sa3]

I am very sorry to hear about your story. Wish you to come over it very soon.

I think you need to talk to a lawyer and report the case yourself to CIC. Hopefully this case will help you:

http://www.canlii.org/en/ca/irb/doc/2014/2014canlii70005/2014canlii70005.html

 

[RickyT]

Ok thank you all for the information and it seems like I am in a bad situation.

I have done my hours of research on Condition 51 and out of the thousands of applicants that do have Condition 51 there is only 1 maybe 2 stories I have read of the Applicant being deported and taken away, those cases were only because the applicant was causing physical harm to the sponsor...You have to be honest with me and I am sure none of you can really tell me that you know more of 3 people out of the thousands of people who have been deported..?

I am sure, without a doubt that this has happened or situations like this where CIC have not been informed and no Action was taken unless is was a physical or mental threat to the person? like in the case above post.. clearly that is a sign of abuse and has a lot of red flags.

It's Impossible for myself to just formally lose/revoke my PR status and then re-apply. I would have to keep working throughout this entire process to keep living. This has potential to leave me bankrupt and loose everything.

I want to make this whole process as legal as possible but my back is really up against the wall.

 

[Rob_TO]

Ok thank you all for the information and it seems like I am in a bad situation.

I have done my hours of research on Condition 51 and out of the thousands of applicants that do have Condition 51 there is only 1 maybe 2 stories I have read of the Applicant being deported and taken away, those cases were only because the applicant was causing physical harm to the sponsor...You have to be honest with me and I am sure none of you can really tell me that you know more of 3 people out of the thousands of people who have been deported..?

I am sure, without a doubt that this has happened or situations like this where CIC have not been informed and no Action was taken unless is was a physical or mental threat to the person? like in the case above post.. clearly that is a sign of abuse and has a lot of red flags.

It's Impossible for myself to just formally lose/revoke my PR status and then re-apply. I would have to keep working throughout this entire process to keep living. This has potential to leave me bankrupt and loose everything.

I want to make this whole process as legal as possible but my back is really up against the wall.

Each case is unique to nobody can say with any certainty what will or won't happen if CIC learns of the breakup and decides to investigate your PR status. As I said the only allowance CIC gives to get out of condition 51 is when the applicant can claim the sponsor abused them in some way. Whether you think a sponsor cheating on an applicant can be considered a form of abuse, would be up to you or your lawyer to argue to convince CIC of it.

Basically you have a few options:
1. Do nothing. As I said if you don't report this to CIC, and your sponsor never reports it, there is a chance nothing will happen and after 2 years your conditional PR will just turn into full PR. Risks here of course are if your sponsor has a change of heart and does suddenly report the breakup, or if CIC finds out some other way you are not cohabiting anymore (random check, or through another government sector).
2. Report the breakup. CIC will then be sure to launch an investigation, and you would most likely be called to a hearing to present your case and where they would decide to revoke or allow you to keep your status.

In my own opinion, this doesn't look like a case of abuse, it's simply a breakup. Technically you aren't in compliance with condition 51 anymore, so I would guess that CIC would end up revoking your PR status if they investigated this. If I was in the same situation as you I would lay low and just not mention the breakup, and hope for the best. CIC will most likely be putting their main efforts into going after people where sponsor actually reports the breakdown in relationship.

 

[scylla]

To answer one of your other questions - the problem with applying for Express Entry (or any other economic immigration program) is that you would first have to officially give up your PR status. You can't apply to immigrate if you currently hold PR status. Once you give up your PR status, you will no longer be permitted to work and live in Canada (at least not until your PR application is finalized and approved). So there's unfortunately no easy / seamless way to go from your current status to PR status under an economic class without at some point stopping working in Canada.

 

[RickyT]

Ok thank you all again for the information.

I have weighted up the options and it's clear what I have to do now, I am not really left with any other choice in my situation

I travel in and out of the country a lot (for Work and Vacations) and now I am wondering within these next 2 years If I will have any issues at the boarder coming into Canada.

I know the CIC would not have contacted the CBSA in regards to the breakup so nothing should be flagged when I re-enter Canada?

I guess I can show them my Irish Passport and my PR Card and that's it, no further questions asked?

I have not seen or read any information in regards to Condition 51 where the applicant travels on their own and what happens at the boarder when re-entering without Spouse/Partner.

 

[Rob_TO]

I know the CIC would not have contacted the CBSA in regards to the breakup so nothing should be flagged when I re-enter Canada?

You are a PR, so you are guaranteed entry to Canada, period. So whether of not CIC finds out about the breakup and even if they start an investigation and schedule a hearing with you, will have no bearing on your exits/entries from Canada. As long as they haven't revoked your PR status, you can continue to enter Canada as a PR despite what else may be happening.

I have not seen or read any information in regards to Condition 51 where the applicant travels on their own and what happens at the boarder when re-entering without Spouse/Partner.

CBSA officers may be watching out for signs of non-compliance with the co-habitation rule of condition 51, in the same way they currently check for non-compliance with the PR residency obligation rule.

For example if they see you're a conditional PR, and they see you've been outside Canada an extended time (like several months), they can ask where your sponsor is and if they remained in Canada during that time they could possibly report it to CIC. However this is just in theory, i've never seen an actual case of people being caught for non-cohabitation by CBSA. The actual role of CBSA in all this is generic and not well defined in the info online: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec01.5
The sponsored spouse or partner must provide evidence of their compliance with the condition if an officer requests such evidence because they have reason to believe that the sponsored person is not complying or has not complied with the condition (for example, when a tip is received or a CIC or a CBSA officer has information indicating non-compliance), or if requested as part of a random assessment of the overall level of compliance with the condition by the permanent residents who are or were subject to the condition.

Again completely my opinion here, but I think if you keep your travel time outside Canada to a minimum (like at max a few weeks per trip), there should be no reason a CBSA officer would question condition 51 compliance.

 

[RickyT]

Ok thank you, Other than business trips I would not take longer than 2 weeks out of Canada

 

[Raja514]

I want to ask about the application of Canda Express Entry. I was studying in Malaysia and after completing my studies I applied for student visa extension for my Ph.D. and a gave my passport to an agent. The agent cheated me and didn't make my visa. I overstayed in Malaysia for around 6 months, after struggling a lot, I got the passport back without the visa from the agent. I went to the Malaysian immigration and talk about the situation what has happened to me, they asked me a minimal fee and applied for a special pass 15 days visa to exit Malaysia and come back to India, but I have got a special pass stamp on my passport and there they have banned me from entering Malaysia for 5 years. Can I apply for Canada PR with this?

Need your suggestion for applying for Canada Express Entry, Weather I should apply or change the passport.
Will I get the Canada Express Entry?

 

[kcward7]

I want to ask about the application of Canda Express Entry. I was studying in Malaysia and after completing my studies I applied for student visa extension for my Ph.D. and a gave my passport to an agent. The agent cheated me and didn't make my visa. I overstayed in Malaysia for around 6 months, after struggling a lot, I got the passport back without the visa from the agent. I went to the Malaysian immigration and talk about the situation what has happened to me, they asked me a minimal fee and applied for a special pass 15 days visa to exit Malaysia and come back to India, but I have got a special pass stamp on my passport and there they have banned me from entering Malaysia for 5 years. Can I apply for Canada PR with this?

Need your suggestion for applying for Canada Express Entry, Weather I should apply or change the passport.
Will I get the Canada Express Entry?

This forum is for spousal, not EE. There is a separate forum for EE.

 

[Buletruck]

And it's 4 years old.....Please start a new topic under EE.