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| Subject: What are MY rights in this mess? |
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I´m a Canadian citizen (born here, parents born here, etc.) and am in a relationship with a man who was/is sponsored by his spouse. They have been married approximately 3 years and are currently separated (irreconcilable differences) as the spouse has taken a job in another country. He became a permanent resident approximately 10 months ago and has not left Canada since arriving almost 4 years ago. We´ve discussed the possibility of marriage and children, and I´m concerned that I´ve gotten some misinformation regarding the legal logistics, such as:
- Because of spousal sponsorship, he must remain married until late 2013 or risk arousing "marriage of convenience" suspicions among immigration officials (unfounded, as this wasn´t the case);
- Upon divorce, he will not be legally permitted to remarry for at least 3 years without jeopardizing his immigration status;
- Should I become pregnant during that time, we will still not be able to marry, regardless of the best interests of the child;
- Even one complaint (abuse, criminal activity, etc.) made against him by his spouse, regardless of veracity or bad faith, will result in his deportation;
- In the event of his deportation, he would never be eligible to return to Canada for any reason, regardless of whether or not there are children involved, thereby forcing my child and I to emigrate or face a drastically reduced support system in Canada.
Can anyone confirm the veracity of this advice? I´ve researched both justice.gc.ca and CANLII extensively, but haven´t been successful. Given our ages, waiting 3-4 years for children is not a viable option and children before marriage is not acceptable. I´d rather know now and be able to terminate the relationship than have to deal with the 7th circle of bureaucratic hell that is our government.
[15-12-2012,08:33]
[***.91.105.11]
Confused |
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(in reply to: What are MY rights in this mess?)
You are confused about the rules. Luckily in your favour.
Why do you think he must remain married until 2013? The new conditional PR rule only applies to applications received after October 25, 2012. This rule also only applies to people who have been married less than two years. Since he landed 10 months ago, there´s no way this rule applies to him.
http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp
Why can´t he remarry for at least three years after his divorce without jeopardizing his immigration status? Again, I think you have completely misinterpreted the rules. The rule stats that if you were sponsored by your spouse, you yourself cannot sponsor a spouse for PR for five years after landing. He is free to get re-married during these five years if he wants (i.e. there´s nothing in the rules preventing re-marriage). And the ban on sponsoring someone else is immaterial since you are already a Canadian citizen.
Why do you think one complaint will result in his deportation? Who has told you that?
[15-12-2012,11:05]
[**.93.70.10]
Anonymous |
(in reply to: What are MY rights in this mess?)
Thanks Anonymous...I´m glad you´ve been able to straighten things out for me. Most of this information was given to me by friends who have gone through the Canadian immigration system and who have talked to lawyers (admittedly, I haven´t yet been to one myself), and when I tried to look at legal websites, they weren´t really able to confirm or deny what I´d been told. It sounded extraordinarily harsh though, so I wanted to find out if it was indeed accurate.
[15-12-2012,14:36]
[***.91.105.11]
Confused |
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