PR after divorce

[shortduck]

Hello

I am aware about the 2 year marriage rule where the couples need to live before divorce to retain the PR.

My question is does the living together period is also counted towards this 2 year law or is this strictly AFTER marriage?

Thanks

 

[Rob_TO]

I don't really understand your question.

Basically after being sponsored by a spouse and getting conditional PR, from the date you land as a PR you must live with your sponsor in a conjugal relationship for the next 2 years. It doesn't matter if you're married or common-law.

If during these 2 years you break up or stop living together, then the PR can be revoked by CIC.

 

[Martin29]

If you are already a PR check whether its conditional or not.If you didn't provide proof during your application that you are living together for more than 2 years before sponsorship then most probably it will be conditional.You can divorce only after 2 years after landing.

If you provide proof already with your application then your PR is not conditional.You can divorce any time.

If you are going to apply for PR and provide proof that you are living together for more than 2 years then the PR wont be conditional.

I am not sure about your status.

 

[Martin29]

I don't really understand your question.

Basically after being sponsored by a spouse and getting conditional PR, from the date you land as a PR you must live with your sponsor in a conjugal relationship for the next 2 years. It doesn't matter if you're married or common-law.

If during these 2 years you break up or stop living together, then the PR can be revoked by CIC.

Its not applicable for people married or living together for more than 2 years before sponsorship.That is his question.

 

[Ehudson]

Waiting for landing interview, how long does it take?

Got an email, january 28, 2015 from imigration canada that my permanet resident application have been approved. Just wondering how long will it take for fredericton, new brunswick immigaration to schedule a landing interview? Help

 

[amanfeb.7]

Hi ,

We received our PR in 2014 June and my husband is separated from me from july 2014 due to his family pressure. I was dependent on him on pr file and dont know if it was conditional or not .
Is there anyone know if he is going to file divorce in July 2015 we will reviewed by CIC and it will affect pr status ÉÉÉ

 

[PMM]

Hi

Hi ,

We received our PR in 2014 June and my husband is separated from me from july 2014 due to his family pressure. I was dependent on him on pr file and dont know if it was conditional or not .
Is there anyone know if he is going to file divorce in July 2015 we will reviewed by CIC and it will affect pr status ÉÉÉ

1. No, it doesn't effect you, since your spouse didn't sponsor you, you were a dependent on his PR application.

 

[amanfeb.7]

Even i was on vistor visa .

 

[amanfeb.7]

And i am really not sure I was dependent or he sponsored me

 

[Martin29]

I feel sorry for you.In a new country surviving alone (especially for a woman)will be hard.

Think positive and move on.

If you both got PR together (came to Canada together) then you are dependent.You are not sponsored.

If your husband was living in Canada before your marriage and later sponsored you then only it may create a problem.Its not clear whether you both migrated together or he migrated first and later sponsored you.You know better.

 

[amanfeb.7]

It is very hard and ill wait for final decision of my destiny. But yeah he came before me on study permit than i came on study permit and it was changed into visitor visa.
and he filled pr for me as well.So the situation is not clear to me yet.I Now just for money or for a good dowry his family taking him out of this marriage . just wondering he has to pay out for this or not.How CIC can help me ????

 

[eileenf]

I feel sorry for you.In a new country surviving alone (especially for a woman)will be hard.

Immigration is challenging for everyone. The idea that single women have more difficulty "surviving" in Canada than single men is not particularly accurate.

Whether it's harder for single women is more a question of what culture the immigrant, their community and their family come from and their personal beliefs.

 

[amanfeb.7]

well m struggling with everything.its hard on me .but I want him to pay whatever he did to me so another girl can safe her life. So I guess talking to CIC or a lawyer is a good idea .

 

[eileenf]

And i am really not sure I was dependent or he sponsored me

You were a dependent if you both got PR at the same time.
Sponsorship is when one PR or citizen got their PR independently and then later they apply for a new spouse to get PR so they can join them in Canada.

So, that's good for you since it evidently means that you can keep your PR and stay in Canada. Unfortunately sponsored spouses can be deported from Canada if the marriage doesn't last 2 years.

I"m really sorry for how hard things must be.

but I want him to pay whatever he did to me so another girl can safe her life. So I guess talking to CIC or a lawyer is a good idea .

CIC will not revoke his status or keep him from marrying someone else. Divorcing you due to family pressure, due to personal weakness, greed and bad faith or cheating may be a moral failing, but is not against the law and doesn't contradict immigration regulations.

Remarriage is allowed too.

You can check the requirements that your ex-husband would have to meet to sponsor a new spouse here:
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

If he has failed to pay spousal support/child support or alimony, you should contact a lawyer and get their help in rectifying the situation. I believe the CIC would check for this in the background checks at the time of a new sponsorship.

 

[eileenf]

Are you trying to say women are 100% safe in Canada? Rapes and assaults are there even in Toronto.

Lord God no. Yes there is sexual violence in Canada and yes it disproportionately affects women. But it is not helpful or relevant to bring up in this discussion.

I just want to say that immigration and divorce are hard on everyone and it's not accurate to suggest that women in Canada cannot survive on their own!

He cannot sponsor another spouse for next 5 years.Thats the new rule.

I thought that as well, but according to the CIC link above, that only applies to people who were sponsored themselves. If you were sponsored to come to Canada as a spouse, you can't sponsor a different spouse a few years later.

If he sponsored you then he should financially support you for 3 years. But you cannot force him to financially support you.

If someone is divorced in Canada the judgement may include spousal support. Failure to pay spousal support can be enforced. Best to talk to a lawyer.

Lawyer charge high fees here.You cannot afford a good lawyer. May be you can apply for free lawyer from govt. But it will take time.

A good resource for low cost or no cost legal options is here: https://residencequestionnaire.wordpress.com/resources-for-rq-recipients/low-cost-legal-resources/
And it's not true that you can't afford a good lawyer. I've met many lawyers working in Ontario's neighbourhood legal clinics and they're incredible.

Be careful if he sponsored you. Under the new rule he can easily deport you.Otherwise you have to show proof that there was domestic violence.

So by trying to make him pay you should not end up getting deported.

Amanfeb.7, It doesn't sound like your ex sponsored you, but I agree that it's important to verify that.