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hansinii Posts: 3
Posted On: 2/23/2015
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Hi all
I am a permanent resident since January 2013.
I am in my home country now for a short stay. I am suppose to go back to canada on 29th April.
My husband called me yesterday and told me he want to end the marriage and he is sending the divorce papers via a lawyer.
We were married since January 201 and lived together in the same house since January 2013. We do not have kids
Can he stop me entering to Canada?
What should I do?
All your advises are welcome and much appreciated.
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PMM Posts: 661
Posted On: 2/23/2015
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Hi
Hi all
I am a permanent resident since January 2013.
I am in my home country now for a short stay. I am suppose to go back to canada on 29th April.
My husband called me yesterday and told me he want to end the marriage and he is sending the divorce papers via a lawyer.
We were married since January 201 and lived together in the same house since January 2013. We do not have kids
Can he stop me entering to Canada?
What should I do?
All your advises are welcome and much appreciated.
1. No, he can't stop you.
2. Look at your PR card. Does have condition 51 on it? If it does, and you haven't lived with your spouse for 2 years in Canada, then you will have a problem.
3. When you return to Canada you should contact a family lawyer to protect your rights.
PMM
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Klaus Posts: 75
Posted On: 2/23/2015
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Hi,
as a PR, you are free to enter Canada at your discretion. Your sponsor (I'm assuming that would be your husband) has certain obligations, no matter if you are still together. From the CIC website:What does it mean to sponsor?
When you agree to be a sponsor, you must sign a contract called an undertaking. The undertaking is a promise to provide financial support for your spouse or common#8209;law partner’s basic requirements and those of his or her dependent children.
Note: Basic requirements are food, clothing, shelter and other needs for everyday living. Dental care, eye care and other health needs not covered by public health services are also included. The undertaking guarantees that the principal applicant and his or her dependent children will not have to apply for social assistance.
This obligation ends three years after you became a permanent resident.
What should you do... let me answer that with another question: what would you like to do? If you have social ties here and perhaps a job and if you came to Canada because you wanted to, you may want to stay. If you came to Canada just because of your husband and you feel that you are better off in your home country, you may as well go back. It really is up to you to find out what works best for you.
All the best
Klaus
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hansinii Posts: 3
Posted On: 2/28/2015
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Hi Klaus
Thank you for your reply
It is really helpful.
I am going to come to canada as I have planned. I can not tell my parents yet about this mess, cause my mother just got diagnosed for a Leukemia (AML)
I think he dropped me just the moment i need him. Specially with emotional and financial support to cure my mother.
I will find a place to live and will come to canada as i have planned.
I will not talk to a lawyer from my country yet. I might not talk to his lawyer too. Because with all the things going on in my life I might end up being exploited to the core.
I have all my belongings in the house we shared. I have to go there and collect them or arrange to collect them too.
He is trying to sponsor his parents and sister's family. So i dont think he will do anything crazy to upset his chances.
All he wants me to do is to disappear without giving him any social, legal or financial burden.
I was with him from 24th Jan 2013 till 01st Feb 2015 in the same house. And my sponsorship has not reached 3 years yet.
So i believe he still is under obligation.
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hansinii Posts: 3
Posted On: 2/28/2015
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Thank you for your reply
My PR card does not have a clause 51.
And I lived with his from the day i enter to canada (23rd Jan 2013)till 01st feb 2015. Which means i was not away.
Also my 3 years of sponsorship ends in January 24th, 2016
Am i SAFE?
i can come to without telling him and find a place to stay and start my life again. But i have not much of financial strength to do that. I only got my return ticket and that is all about it.
I am worried to go to a lawyer cause it costs a lot
I still did not talk to his lawyer thinking that if i do it on my own i will make a mess out of it.
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rahel1986 Posts: 1
Posted On: 3/30/2015
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Hello,
I entered to Canada 25-06-2013 and became a PR. On my PR Category FC1/CF1. Does it menas that I have Conditional Permanent Resident Status?
Thank you
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Klaus Posts: 75
Posted On: 3/30/2015
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Hi,
FC1/CF1 just means that your sponsor is your spouse.
If there is no condition 51 on it, it means you do not have conditional permanent resident status.
Klaus
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