my conjugal sponsored partner, married someone else! am i still responsible?

[puma]

'Moved from Australia and landed as a PR in March 2006. Now I am a citizen of the best 2 nations. Australia & Canada'


Lucky you!!

 

[Regina]

after 4-5 years together and last year our conjugal relationship broke down.

If you were together 4 years AFTER she landed in Canada YOU ARE NOT now. You had been responsible for 3 years only.

 

[Leon]

If you were together 4 years AFTER she landed in Canada YOU ARE NOT now. You had been responsible for 3 years only.

They were together 4 years before she landed in Canada. He also writes:

As soon as she received her PR and was eligible to work she moved out into someone else's home and married him 9 months after.

 

[Regina]

As soon as she received her PR and was eligible to work she moved out into someone else's home and married him 9 months after.

there is 2 years remaining on her PR.

You are not alone in such a situation. Unfortunately, that was the rule, fair or unfair.
The only thing you could do IF she applies for welfare is to sue her.

There were so many similar cases that from now on a sponsored person gets only CONDITIONAL PR based on condition to be married to a sponsor. And after two years of being married to sponsor can apply for unconditional PR.

 

[Leon]

There were so many similar cases that from now on a sponsored person gets only CONDITIONAL PR based on condition to be married to a sponsor. And after two years of being married to sponsor can apply for unconditional PR.

Actually, even if that new rule had been in effect when they applied, it would still not have applied to them because it only applies to people who are in a relationship for less than 2 years at the time they apply.

 

[Regina]

I did say the new rules applied to THIS case.

The new rule applies to 2 years of marriage AFTER a sponsored spouse got his/her PR. Not to the length of the marriage itself. Also there is a restriction for a sponsored spouse to sponsor other spouse after the divorce from his/her sponsor. It's not this case, just for information.

 

[Regina]

I did say the new rules applied to THIS case.

The new rule applies to 2 years of marriage AFTER a sponsored spouse got his/her PR. Not to the length of the marriage itself. Also there is a restriction for 5 years for a sponsored spouse to sponsor other spouse after the divorce from his/her sponsor. It's not this case, just for information.

 

[Leon]

I did say the new rules applied to THIS case.

The new rule applies to 2 years of marriage AFTER a sponsored spouse got his/her PR. Not to the length of the marriage itself.

Actually, the new rules here:

Effective October 25, 2012, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada.

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:
• You are being sponsored by a permanent resident or Canadian citizen
•You have been in a relationship for two years or less with your sponsor
•You have no children in common
•Your application was received on or after October 25, 2012

So if a couple have been in a relationship for more than 2 years when they apply (he said they were in a relationship for 4-5 years), the new rules would not apply to them.

 

[Regina]

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:

Your application was received on or after October 25, 2012

Does not matter how long is the marriage:

The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada.

http://www.cic.gc.ca/english/department/media/releases/2012/2012-10-26.asp

 

[zardoz]

If you are a spouse or partner being sponsored to come to Canada, this applies to you if: Does not matter how long is the marriage:http://www.cic.gc.ca/english/department/media/releases/2012/2012-10-26.asp

It is quite obvious that you do not understand this piece of legislation. Leon has given you the correct information. Not only this but I have also confirmed with the London CHC how the legislation is implemented as they incorrectly applied it to my application.

Try reading it as it was intended, and to make it easier for you, I have added in the missing but implied words in red.

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:
• You are being sponsored by a permanent resident or Canadian citizen AND
•You have been in a relationship for two years or less with your sponsor AND
•You have no children in common AND
•Your application was received on or after October 25, 2012

 

[Leon]

Regina, if the time condition was the only one applicable, they would not bother listing all the other ones. Like Zardoz says, all the conditions must be true for the new rules to be applied.

The purpose of the new rules is to weed out marriage scammers where the relationship has been short and there are no children. It is not the purpose to get spouses deported if they have already had a longer marriage or have children together and the marriage breaks down without there having been any fraud.