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cub77

Newbie
Oct 17, 2013
7
0
Looking for advice. I am an PR married to a Canadian Citizen going on 11yrs, our marriage is failing. I have no family here to depend on, I would have to move 20hrs away. We do have a Son, so I don't want to remove him from his Father's Life. We own our own business so most finances are tied up in that, and I work for our company. He will not help me find another place, so I feel I am out of options. I am currently looking for new employment, but the market is not very promising. I am all about being civil, but I just need a bit of help to get out of the situation. I feel I am forced to stay in the home. Anyone have any advice on this. P.S. we tried marriage counseling three different times.
 
I'm not sure I understand what your question is. Are you asking about your PR status or something else? Can you please clarify what your actual question is?
 
I guess My Question is: Is there any obligation to him financially as a Sponsor, to help relocate, or contribute to help with moving me and our Son out of the marriage home?
 
You need to provide a more detailed timeline and information on how and when you landed as a PR.
 
We were married in 2002, I received my PR in 2003. We also have a child together that was born here. Every five years I have to renew My PR and he has to sign as well. Our Marriage is failing. He has told me that I have to go back home because I have no other support here. I do not want to relocate My Son if I don't have too, but I can not stay here without short-term financial help. I need to know my options and rights. Does this help at all?
 
At the time you landed, the sponsor obligation period was 10 years. So that obligation has either expired or is very close to expiring (depending on which month you landed). This means your ex-husband at this point has no obligation from an immigration perspective to support you (or will very shortly have no obligation).

This is a family law matter - not an immigration matter. I'd recommend that you seek assistance from a family lawyer or community legal clinic. You should also speak with your community social services office regarding short-term financial help.
 
Thanks for the reply. Funny thing, I just saw a Family Lawyer and they told me I had to contact immigration :-) They were able to supply information about spousal support and child support, that part of it. Good to know about the 10 year obligation though. But why does he have to sign my PR status renewal if he is not financially responsible?
 
cub77 said:
Thanks for the reply. Funny thing, I just saw a Family Lawyer and they told me I had to contact immigration :-) They were able to supply information about spousal support and child support, that part of it. Good to know about the 10 year obligation though. But why does he have to sign my PR status renewal if he is not financially responsible?
As far as I am aware, he doesn't... Your PR is not conditional on him.
 
Any obligations on him through immigration would be to refund any social benefits you receive if it is within the sponsorship period. Social benefits in Canada aren't really worthwhile if you can get a job. You have much better chances with him in divorce court. Get yourself a good lawyer and make sure you get half of all of your assets. It is possibly that you can also get alimony. If you keep custody of your child, he will have to pay child support as well.
 
I suspect that your husband is well aware of his liability if you file for divorce in Canada and he may be trying to intimidate you into leaving the Canadian court system's jurisdiction. You are perfectly entitled to remain in Canada and claim whatever you can through the legal divorce process.
 
cub,

whatever you do, absolutely don't get a bad deal. Use the rights afforded to you here in Canada to get your fair share ! The moment you cave in and give in...half the battle is already lost and HE wins (or gets that much closer to winning and convincing you go back to your country !)

Go get'im ! ;D
 
cub77 said:
He has told me that I have to go back home because I have no other support here.

It sounds to me like he would like you to go off to your home country and let him keep the company and all your assets. That is not how divorce works in Canada. You worked for it together and everything will be split. You will keep half of the assets and he will keep half. Don't let him tell you otherwise.

He will also be liable to pay you child support for your son and possibly even alimony if he is making money and you don't.

Get yourself a lawyer.
 
scylla said:
At the time you landed, the sponsor obligation period was 10 years. So that obligation has either expired or is very close to expiring (depending on which month you landed). This means your ex-husband at this point has no obligation from an immigration perspective to support you (or will very shortly have no obligation).

This is a family law matter - not an immigration matter. I'd recommend that you seek assistance from a family lawyer or community legal clinic. You should also speak with your community social services office regarding short-term financial help.

What does this mean if it is within the 10 year period? Is he obligated to contribute financially to relocation if the Marriage Fails?
 
cub77 said:
What does this mean if it is within the 10 year period? Is he obligated to contribute financially to relocation if the Marriage Fails?

It means that if you go on welfare (social assistance) during the 10 year period, he will be obligated to repay this money to the government.

No - it does not mean that he is obligated to contribute financially to relocation if the marriage fails.