Can Immigration revoke my Permanent Residency?

[tugsthebugs]

Hi, Immigration received my file on 29 March 2012.

I came to Canada on 11 March, 2014.

I’m here since almost three months and now my wife is acting so different and threatening me that she will do fraud marriage case on me and kick me out of this country because I read her emails and told her how come your ex boy friend is still your best friend and you still miss talking to him. I told him usually married people don’t do that. And now she is threatening me that she don’t want to live with me and give me divorce. If she will divorce me will it revoke my Permanent resident status? Does she have power to revoke my Permanent Resident status?

Please help me with this. I am very depressed and going through tough time. One of the lawyer told me still she can do police case on you saying that you tired to hurt/abuse her, and prove marriage of convenience etc and do anything with you because she is Canadian Citizen. Does it really work like this?

P.S. I believe I am not under Conditional Permanent Resident rule as my file was received on March, 29, 2012. And also on my COPR under Condition section it says “NONE”

[SettlementOrgMod]

Hello,

Thanks for sharing your situation with us.

If you are referring to Conditional Permanent Resident Status, according to the Citizenship and Immigration Canada (CIC) website,

Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which apply to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application. The sponsored spouse must cohabit in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. If they do not remain in the relationship, the sponsored spouse’s status could be revoked. The conditional measure only applies to permanent residents whose applications are received on or after October 25, 2012—the day that the amendments came into force.

Aside from the need to satisfy the two-year requirement, conditional permanent residence does not differ from normal permanent residence. These sponsored spouses have access to the same rights and benefits as other permanent residents. They will be allowed to work and study without a work or study permit; they will not be subject to different tuition fees in post-secondary schools; and they will have the same access to health coverage and social benefits, including social security (or income support).

If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown.

[…]

Given concerns about the vulnerability of spouses in abusive relationships, the proposed condition would cease to apply in instances where there is evidence of abuse (that is, physical, sexual, psychological or financial) or neglect (failure to provide the necessaries of life).

So as you can see, the conditional measure only applies to permanent residents whose applications are received on or after October 25, 2012. If they do not remain in the relationship, the sponsored spouse’s status could be revoked.

It also states that the proposed condition would cease to apply in instances where there is evidence of abuse (that is, physical, sexual, psychological or financial) or neglect (failure to provide the necessaries of life).

It is also important to note that the sponsor remains financially responsible until the end of the three-year undertaking period. This is irrespective of the cause of the sponsorship breakdown.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[tugsthebugs]

Hi Thank you for your message. We have been trying to work out our marriage but recently (June 2015) my stated that she wants divorce and she contacted her lawyer for separation paper. She told me she is going to give me draft.

Could you please help me decide if conditional measure applies to me or not?Would divorce will revoke my PR status? We are living together since 15 months.

Hello,

Thanks for sharing your situation with us.

If you are referring to Conditional Permanent Resident Status, according to the Citizenship and Immigration Canada (CIC) website,

Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which apply to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application. The sponsored spouse must cohabit in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. If they do not remain in the relationship, the sponsored spouse’s status could be revoked. The conditional measure only applies to permanent residents whose applications are received on or after October 25, 2012—the day that the amendments came into force.

Aside from the need to satisfy the two-year requirement, conditional permanent residence does not differ from normal permanent residence. These sponsored spouses have access to the same rights and benefits as other permanent residents. They will be allowed to work and study without a work or study permit; they will not be subject to different tuition fees in post-secondary schools; and they will have the same access to health coverage and social benefits, including social security (or income support).

If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown.

[…]

Given concerns about the vulnerability of spouses in abusive relationships, the proposed condition would cease to apply in instances where there is evidence of abuse (that is, physical, sexual, psychological or financial) or neglect (failure to provide the necessaries of life).

So as you can see, the conditional measure only applies to permanent residents whose applications are received on or after October 25, 2012. If they do not remain in the relationship, the sponsored spouse’s status could be revoked.

It also states that the proposed condition would cease to apply in instances where there is evidence of abuse (that is, physical, sexual, psychological or financial) or neglect (failure to provide the necessaries of life).

It is also important to note that the sponsor remains financially responsible until the end of the three-year undertaking period. This is irrespective of the cause of the sponsorship breakdown.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[Ottawa_resident]

Hi, i need some knowledge about some things,like what is the right of the sponsor over the sponsored spouse? Does the sponsor have some rights to request the immig to revoke his permanent residency? if yes in which cases? Thanks so much

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

If you are concerned about the conditional permanent resident status, it only applies to partners if their spousal sponsorship application was submitted on or after October 25, 2012 AND:

*they were in a relationship for 2 years or less when they applied; and
*they did not have any children together when they applied.

Here is some additional information regarding losing your permanent residence from the CIC Website,

Losing your permanent resident status

Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.

You may lose your permanent resident status if:

An adjudicator determines that you are no longer a permanent resident following an inquiry

A visa officer determines you do not meet the required residency when you apply for a permanent resident travel document or temporary resident travel document.

You may lose your permanent resident status in one of the ways described above if:

*you do not live in Canada for two out of five years;
*you are convicted of a serious crime and told to leave Canada; or
*you become a Canadian citizen.

You do not lose your permanent resident status if your PR card expires.

In terms of being deported by your sponsor, it is not likely.

Regarding deportation, if you are a permanent resident and are convicted of a crime you could lose your permanent resident status, be deported and might not be able to come back to Canada.

If you have any concerns regarding your situation you may want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some additional information.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[KevinG]

Hi please help me i need some advise.

I have sponsored my wife with the new rules. She came on Nov.2014, one month later she kick me on the face and left the house, at that moment i called the police.

Some months later she returned (i think because she didn’t have money) was with me for some weeks and let the home again.

now i have to solve this, i don’t think she deserves to stay here, she has a boyfriend (i think since the first departure) now i have to pay her welfare, lawyer and fees… (use to pay all her needs before coming here for 3 years)…

i see on the law that if she left me she have to leave Canada (some friend told me she’s visiting a psychologist to show that i treated her in bad way, that’s not true!!). Border Services said it’s not easy because i have to prove some kind of fraud.

What can i do?