Can PR Status be Revoked After The 2 Year Mark?

[Needinfo]

Good Afternoon,

My cousin has been married to his wife for over 4 years and living with her for over 3 years thus fulfilling the 2 year cohabitation requirement.

The relationship has not been working as of late and he wants a separation which he has mentioned to his wife.

She has been physically abusive in the past however he has never filed a formal complaint with the police and she forces him to hand over his paycheck to her every week leaving him with no money of his own.

His wife who works for a government agency has been threatening to advise immigration that he used her to get his PR in Canada if he leaves her.

First off can she do this?

I imagine that she can file a complaint saying that he used her however can his PR status be revoked simply because she is trying to get revenge?

Any information would be greatly appreciated and any resources that I can direct him to.

Thank you,

[SettlementOrgMod]

Hello,

Thank you for sharing this situation and question with us.

We can appreciate that you would be very concerned about this situation.

You can find some detailed information on the Your Legal Rights website in the Will I be forced to leave Canada if I leave my partner? question.

Here is an excerpt,

Your partner might threaten to have you deported from Canada if you report their abuse or if you leave them. Deported from Canada means being forced to leave the country.

Your partner does not have the right to have you deported. Only federal immigration authorities can decide to deport someone.

The risk of you being forced to leave Canada depends on your immigration status here.

and

Permanent resident with conditions

Immigration authorities might not do anything if you leave your partner. But if you have permanent resident status with a condition to live with your partner who sponsored you, you’re expected to live with your sponsor for 2 years after you receive status.

If you separate during those 2 years, you could lose your status and be forced to leave Canada.

But, if you separate because of abuse or neglect, IRCC could set aside the condition that you must live with your sponsor. This means you don’t have to follow this condition.

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

[PMM]

Hi Anna

@Moderator

Hello,

Thank you for sharing this situation and question with us.

We can appreciate that you would be very concerned about this situation.

You can find some detailed information on the Your Legal Rights website in the Will I be forced to leave Canada if I leave my partner? question.

Here is an excerpt,

Your partner might threaten to have you deported from Canada if you report their abuse or if you leave them. Deported from Canada means being forced to leave the country.

Your partner does not have the right to have you deported. Only federal immigration authorities can decide to deport someone.

The risk of you being forced to leave Canada depends on your immigration status here.

and

Permanent resident with conditions

Immigration authorities might not do anything if you leave your partner. But if you have permanent resident status with a condition to live with your partner who sponsored you, you’re expected to live with your sponsor for 2 years after you receive status.

If you separate during those 2 years, you could lose your status and be forced to leave Canada.

But, if you separate because of abuse or neglect, IRCC could set aside the condition that you must live with your sponsor. This means you don’t have to follow this condition.

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

1. Conditional PRs have been cancelled, Condition 51 is no longer in effect. See: http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp

[SettlementOrgMod]

Hello,

You are right PMM.

That should have been included in the original response!

We had posted it previously in our Query Regarding Conditional PR Canada Discussion Thread.

You can find the information in this Government of Canada Eliminates Conditional Permanent Residence for Spouses and Partners News Release - April 28, 2017.

Here is an excerpt,

April 28, 2017—Ottawa, ON

To uphold its commitment to family reunification and to support gender equality, the Government of Canada has removed the condition that applied to some sponsored spouses or partners of Canadian citizens and permanent residents to live with their sponsor for two years in order to keep their permanent resident status.

This change applies to anyone who was subject to the requirement, as well as to new spouses and partners who are sponsored as permanent residents.

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