I dont want my husband get the PR

[Teaspoon]

if u r the principal applicant , then u spouse need to stay with u as a normal spouse for three years to get the citizenship as per the new government rule. withing this time if the principal applicant report about the spouse then spouse wont be able to get the pr as well as citizenship as per new gov rule.

 

[Aquib]

if u r the principal applicant , then u spouse need to stay with u as a normal spouse for three years to get the citizenship as per the new government rule. withing this time if the principal applicant report about the spouse then spouse wont be able to get the pr as well as citizenship as per new gov rule.

Any link in support of this ruling ?

 

[Aquib]

this is off the top of my head... conspiracy hat on... please read this at your own risk;

Try to land in Canada on the very last or penultimate day of your visa validity... make this possible by hiding your plans from your spouse... if you can manage to land without him and on the very last day, the chances are he wont be able to follow you while his visa is still valid...

just a possibility. May god forgive me...

+ 1 for you .

 

[Pippin]

I think this is the reference and am not sure that it is applicable in this case as this couple applied for PR together, not that one was sponsored by the other spouse.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp
Operational Bulletin 386 - March 2, 2012
Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner
Summary
A regulatory amendment will bar a person who has been sponsored as a spouse or partner, from sponsoring a new spouse or partner for a five-year period.

Issue
The purpose of this Operational Bulletin (OB) is to inform officers of the regulatory amendment to section 130 of the Immigration and Refugee Protection Regulations (IRPR) that bars, for a five-year period, a sponsored spouse or partner from sponsoring a new spouse or partner.

Background
One of the objectives of the Immigration and Refugee Protection Act (IRPA) is to facilitate family reunification. As such, Canadian citizens and permanent residents (PRs) may sponsor their spouse or partner as a Canadian PR. Spousal sponsorship requires an undertaking of financial responsibility for a spouse or partner for three years. If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the causes of the breakdown. As well, a sponsor may not sponsor a subsequent spouse or partner for the duration of the undertaking.

Spousal sponsorship is open to abuse when individuals enter into non-bona fide relationships in order to obtain status in Canada. The primary intent of the amendments is to create a disincentive for a sponsored spouse or partner to use a relationship of convenience as a means of circumventing Canada’s immigration laws, abandoning their sponsor soon after becoming a PR, then seeking to sponsor a new spouse or partner.

The amendment to section 130 of the IRPR describes new criteria that an individual must meet in order to sponsor a foreign national making an application for permanent residence as a member of the family class or the spouse or common-law partner in Canada class.

Amended Provision
It is important to note that there is no change to the existing regulation 117(9)(b) that states that a sponsor is ineligible to sponsor a spouse or partner, if the sponsor has an existing sponsorship undertaking (in respect of a previous spouse or partner) and the period of that undertaking has not ended.

The amended R130 includes a minor editorial change to subsection (2) and a new subsection (3) which provides for the five-year sponsorship bar. Changes/additions are highlighted in BOLD and the new Regulation reads as follows:

Sponsor

130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

Five-year requirement

(3) A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor

(a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or

(b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen.

Implications
The amendment, which came into force on March 2, 2012 upon registration, bars a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a PR even if the sponsor acquired citizenship during that period. Other members of the family class will not be affected by the regulatory changes.

 

[slavasz]

It is completely irrelevant to the topic starter case.

 

[Pippin]

Yes, Slavasz, both applicants will have PR once they land. I was just providing the link that Teaspoon's post referred to. Agree it is not relevant in this scenario.

 

[qorax]

if u r the principal applicant , then u spouse need to stay with u as a normal spouse for three years to get the citizenship as per the new government rule. withing this time if the principal applicant report about the spouse then spouse wont be able to get the pr as well as citizenship as per new gov rule.

That's not true.

 

[Brita]

Dear All
thanks for your kind comments

I would like to draw a conclusion and close this thread. thinking about all you said, I will land and then perhaps way apart because I already have booked the tickets both on the same day!

pls keep your fingers crossed for me

 

[new_2_canada]

Dear All
thanks for your kind comments

I would like to draw a conclusion and close this thread. thinking about all you said, I will land and then perhaps way apart because I already have booked the tickets both on the same day!

pls keep your fingers crossed for me

A good choice as that will save a lot of problems for you right now, you can take the decision of staying with him or not later.

By the way may I ask what is the reason you want to separate from your husband? I am sure every issue/problem has a solution if look at the right place. Try to find the solution one more time before you decide to end the relationship

 

[nano24482]

It is better if we restrict discussions to only immigration related problems and not delve into personal & relationship issues.

Secondly every issue/problem is unique and need a unique solution. It is much better if we leave this issue to the OP.

A good choice as that will save a lot of problems for you right now, you can take the decision of staying with him or not later.

By the way may I ask what is the reason you want to separate from your husband? I am sure every issue/problem has a solution if look at the right place. Try to find the solution one more time before you decide to end the relationship

 

[slavasz]

You (since you bought it) can actually cancel your husband's ticket and fly without him

 

[devilhimselff]

Wise decision to keep him tagged along until you land.

If you go separate ways prior to landing, you might have to go through all the procedure again. Divorce etc. And even then the PR documentation will require you to get his signature and child stuff etc etc... Terrible.

After you land, everyone is on their own, you cannot do anything about that.

Ditch his ass once you are in Canada, and let him try to work and live. Best of luck.

 

[lhr_montreal]

Hi

My husband and I are supposed to land in Canada within a month from now,however based on family problems I (as the main applicant) dont want my husband to be able to get his PR because I am not hopeful to continue my marital life with him. Now I want to know How I can ever have this right to cancel his Visa or PR after we landed. we are not yet divorced,but I dont feel secure if he lands and freely lives in Canada basd on my application.
Is there any way that I can exile him to his own country?

Thanks

hahahahahaha This is what happens when Wives are main applicants ;D 8) :-*

 

[Dave n Ailsa]

You've got me worried now, as MY wife is the main applicant in our case

 

[Aquib]

You've got me worried now, as MY wife is the main applicant in our case

Ha ha take care of her