Sponsored spouse not willing to move to Canada, Conditional PR not met

[marshall211]

Hi everyone, I have a question and would appreciate your responses.

I sponsored my wife for PR. She is an Indian citizen living and working in US on work visa. We agreed that she would continue to work in US till such time her PR came. Her PR came in Nov 2015. However, she has continued to refuse to move to Canada for her career in the US. Ultimately the marriage broke down. In the last 3 years 2 months of marriage, we rarely stayed together (not more than 8 weeks and that too during travel). We have not seen one another for more than a year.

I have now filed for divorce since she does not wish to move to Canada and her insistence to remain in the US. Her PR was based on the condition that she would continue to live with the spouse for 2 years. However, in my case, she lived with me for 5 days after getting PR (and that too to collect her PR card).

From a legal perspective, what can I do to protect myself such that I am not held guilty of a false marriage.

1. Do I need to inform CIC or CBSA of her not meeting her conditions of PR?
2. Will they stop her from getting into Canada?
3. After informing them of the situation, will I still be responsible for her if she continues to live in the US?

Any advice is much appreciated.

Thanks..!

 

[Hurlabrick]

1. Do I need to inform CIC or CBSA of her not meeting her conditions of PR?

Yes. Inform CIC and explain the situation as you have here, in particular that she has failed to meet the PR condition.

2. Will they stop her from getting into Canada?

No, why would they? She will have her PR status removed, but can of course enter Canada on a normal visitor visa the same as anyone else. She has not committed immigration fraud per se, she simply failed to meet the conditions for PR and you are now getting divorced.

3. After informing them of the situation, will I still be responsible for her if she continues to live in the US?

No as she would have her PR status revoked.


Just my tuppence worth, I am sure others will also chip in.

 

[canuck_in_uk]

I have now filed for divorce since she does not wish to move to Canada and her insistence to remain in the US. Her PR was based on the condition that she would continue to live with the spouse for 2 years. However, in my case, she lived with me for 5 days after getting PR (and that too to collect her PR card).

From a legal perspective, what can I do to protect myself such that I am not held guilty of a false marriage.

1. Do I need to inform CIC or CBSA of her not meeting her conditions of PR?
2. Will they stop her from getting into Canada?
3. After informing them of the situation, will I still be responsible for her if she continues to live in the US?

Hi

1. Yes, you can report her. They may or may not revoke her PR status.

2. No.

3. If she landed Nov 2015, your undertaking will remain valid until Nov 2018 or until her PR status is revoked (if that happens). If she lives in the US, that doesn't mean anything. If she moves to Canada during that time, you are still obligated to support her and if she claims welfare, you are required to pay it back.