is that possible to change the PR visa from Spousal Sponsorship to Investor?

[fromthesun]

Both my husband and I live abroad. My husband has been sponsored by me, and he landed in Canada on March 9, 2011. Then we immediately returned to our country of residence (on March 18, 2011), where we are residing until today. Very soon upon our return (on April 28th 2011), he left me and since then we live apart. All this time he didn’t file for a divorce, I guess, to pretend maintaining his PR by "living together" with his canadian wife. As for me, it is very difficult to file for the divorce as we live in a Muslim country. My husband is a muslim, and i am a christian. During last 3-4 years he has successfully developed his business. Recently he told me that now he can immigrate as an investor, and he doesn't need me anymore, and therefore he is divorcing me and changing his visa from "Family sponsored" to "Investor".
Please note, he has never lived in Canada. Since he has landed in March 2011, he visited Canada 2-3 times for about couple of weeks each time.
My questions are:
- is that possible just to change the PR visa from Family to Investor, or he will have to go through the entire process again from the beginning?
- If I return to Canada, can his PR be cancelled, as he has never lived in Canada, and we are divorced, thus there is no family immigration case anymore, since we are not a family?
Thank you!!

 

[amikety]

He's blowing smoke at you.

http://www.cic.gc.ca/english/immigrate/business/investors/index.asp

Investor visas are suspended. He can't apply for one.

You should report him for not living with you so he can't get credit towards his residency and move somewhere you feel safe to file divorce. You can't cancel his PR, although if you report he is lying about living with you, it could cause him problems with CIC. Also, if you feel he married you fraudulently, you can report that as well. Even with proof, CIC doesn't investigate those cases very often, but it would be a black mark on his record if he tried to sponsor a new wife in the future. Occasionally, CIC does pursue those cases and revokes PR (but very, very rarely).

Personally, I would make sure CIC knows he isn't living with you and you've been separated since April 2011, so he can't claim time for residency.

 

[fromthesun]

thank you, amikety.
my point regarding cancelling his PR is following.
Spouse sponsorship immigration is aimed to unite the families, correct? In our case there will be nothing to unite. We will be divorced. the guy has never lived in canada. There will be nothing to investigate. We will be divorced. I will returned to Canada first, without him. On which ground he will come later and get his citizenship, to only leave Canada again, this time with the canadian passport? It would make sence to cancel his PR, or rather to annul it.. Does it sound right?
And in any case, I will follow your advices. thank you again.

 

[amikety]

thank you, amikety.
my point regarding cancelling his PR is following.
Spouse sponsorship immigration is aimed to unite the families, correct? In our case there will be nothing to unite. We will be divorced. the guy has never lived in canada. There will be nothing to investigate. We will be divorced. I will returned to Canada first, without him. On which ground he will come later and get his citizenship, to only leave Canada again, this time with the canadian passport? It would make sence to cancel his PR, or rather to annul it.. Does it sound right?
And in any case, I will follow your advices. thank you again.

If hw goes and gets welfare right now, you will be responsible to repay the Canadian government. You signed a 3 year agreement to support him.

However, you cannot cancel his PR. Only CIC can do that if they determine it was gained by fraud or he failed to meet residency requirements. If he`s claiming to live with you overseas, he will meet residency requirements.

He still has time to meet residency requirements on his own, though. (Canada only requires 2 out of 5 years on a rolling year basis for some reason.) So I wouldn`t threaten him with his PR. Once 2014 rolls around he cannot possibily meet his requirements, then I would report him.