Canada emigration problem

the watchman

Hi, just wondered if someone might throw some light on this.

My Nephew aged 25 met a canadian girl, moved to Canada with her, married her there and shares an apartement with her. It took 1 year but he eventually got 'Permanant Residency Status', with the now wife as his 'sponsor' which now means he can work, has insurance no. and pays taxes and can enjoy all benefits that a Canadian national has. He is currently employed.

He's known the girl about 3 years but in the last 9months the relationship soured. So much so that they both agreed that it would be best if they split up. During this time things within the relationship weren't great but tollerable in the knowledge that the split was clearly not too far off. (I should point out that it is more that the girl wanted the relationship to end rather than my nephew.)

However, a few days back he arrived home and announced that he had found another place to live and that he would move out in about ten days.He assumed that she would be delighted but instead with this news the girl has completeley flipped, she is acusing him of all sorts of stuff that isnt true and is making life extremely difficult for him.

I have a really strong feeling that she totally assumed that when he left her he would just immeadiatley come back to Ireland. I think she 'most definitely does not want him to stay in the country. And my feeling is that it is something to do with the fact the she is 'his sponser'.

There are no children.

Anyone one with any thoughts.

Thanks.

Moved to PI. Sorry if this isn't the correct forum for this, but I can't really see another, and PI mods might have a better idea of what to do with it.

the watchman

I find it difficult to navigate and understand the thread systems at the best of times.Whats PI please.,,,,,,,,,,,,,,,,,,

oops, now I found it but cant delete. so just edit...

Neyite

do you think that maybe now that she realised he is staying in canada, that she is wondering if she was 'used' for the residency status?

a breakup is painful, even when its mutual, and after a few years, and marriage vows, the commitment is deeper, as is the subsequent hurt when it all goes belly up.

there could be a touch of ego in there as well with her - some people kinda like the fact that their ex is devastated by the breakup, as if it reaffirms the fact they are terrific. i dont think ive got a big ego, but if an ex moved on too quickly, it would make me doubt that the relationship ever meant that much to him, even if it was over, and it would hurt a bit.

or maybe there is someone else in the wings, and her assumption that he would return to ireland meant that would be nice and tidy without any subsequent allegations of cheating during the marraige.

or it could be marital assets - if she assumed that he is moving away then he would leave all the stuff they aquired during their marraige with her, and by getting his own flat, they now have to sit down and divide up the furniture?

it could be so many things - only she really knows.

the watchman

Thankyou for those comments. But I really need some info on what the responsibilities are on 'the sponsor', I am almost certain it is something to do with that. The Canadian authorities website do not seem to clarify what the spnsors reponsibiliteis are.

The Lady in question is highly intelligent and considers herself an acedemic. My nephew is just about the at the other end of the spectrum and is just a 'nice' guy who just works, is very laid back and whos only hobby is making music.He never had any designs on living in Canada it was her who persuaded him. The lady only purchased the apartment in recent months and went to great lengths to make sure that my nephew would have no claim on the property should they split and his name is not on the property. There are literally no other assets.All my nephew wants is to walk away camly and has secured a rental apartment and wants nothing from her. no there is something else going on, I dont believe it is ego or any of those pschological things......

Neyite

fair enough - i didnt know you were specifially asking about canadian legalities.

i know nothing about that, so hope someone can help you - what about asking in either Legal Discussion or on the Region section under north america/us? i know they are not canada, but might have more knowledge regarding emmigration status there than PI would.

The_Conductor

A Canadian Sponsor is legally and financially responsible when they enter a sponsorship contract for a period of 10 years. The breakdown of the relationship does not impact on these sponsorship obligations- the only manner of getting out of sponsorship obligations is to persuade the person being sponsored to leave the country for a period sufficient to extinguish their permanent residency rights in Canada.

A brief description (very brief unfortunately) is here:

http://www.eia.gov.bc.ca/factsheets/2004/Sponsor_Resp.htm

Here is a slightly more indept doc:

http://www.immigration1services.com/engweb/questions8.htm

Your nephew actually has considerable rights to remain in Canada- even if his sponsor is no longer his spouse. It may clear the waters if he enters a legally binding agreement with his ex spouse, to not hold her to the obligations associated with being a sponsor- and to allow her sponsorship obligations to extinguish after the 10 year period without contest.

One way or the other- your nephew really should get proper advice on this.

the watchman

thanks smccarrick, just what I was looking for. I'm sure that the wife is worried about supporting him should he become unemployed. Thank you very much indeed.

cafecolour

If he's lived there 3 years now, it looks like he may be able to apply for citizenship in his own right:

http://www.cic.gc.ca/english/citizenship/become-eligibility.asp

This would be the ultimate protection for him in many ways, and could put his ex's mind at ease that she won't be on the hook financially.

I second that he should get proper legal/governmental advice in canada.

Also, you say the the girlfriend has flipped - is she crazy enough to falsely accuse him of a crime to try and get him deported? He definitely needs a lawyer in that case.

ash2008

Hi Op

im actually in the process of applying for similar with my canadian boyfriend. As your nephew is a PR, he can keep that status as long as he spends something like 2/3 out of every 5 yrs in Canada (he will have been told this when he first got the PR). The fact he has split up with the sponsor doesnt mean he needs to leave - her being annoyed is quite frankly not his problem. He has a life there now, he doesnt have to up and leave. If you're worried that she might somehow say something to the authorities to try to force him to leave, then it would be her in trouble not your nephew. Getting sponsored does not mean you HAVE to stay with your sponsor forever, immigration understands that people break up.

Secondly, her responsibilities as a sponsor are only for THREE years, not ten as previously mentioned. The 10 years only applies to certain types of relationships such as dependent children. Again, after 3 years are up he doesnt have to leave Canada, but he can not expect any assistance from his sponsor. Hope that helps

http://www.cic.gc.ca/english/information/applications/guides/3900E2.asp

the watchman

ash2008 wrote: »

Hi Op

im actually in the process of applying for similar with my canadian boyfriend. As your nephew is a PR, he can keep that status as long as he spends something like 2/3 out of every 5 yrs in Canada (he will have been told this when he first got the PR). The fact he has split up with the sponsor doesnt mean he needs to leave - her being annoyed is quite frankly not his problem. He has a life there now, he doesnt have to up and leave. If you're worried that she might somehow say something to the authorities to try to force him to leave, then it would be her in trouble not your nephew. Getting sponsored does not mean you HAVE to stay with your sponsor forever, immigration understands that people break up.

Secondly, her responsibilities as a sponsor are only for THREE years, not ten as previously mentioned. The 10 years only applies to certain types of relationships such as dependent children. Again, after 3 years are up he doesnt have to leave Canada, but he can not expect any assistance from his sponsor. Hope that helps

http://www.cic.gc.ca/english/information/applications/guides/3900E2.asp

Thank you for that Ash. My nephew now has his own apartment. His ex says she can't find his passport !!!. he is employed but as I said previously
if he looses his job I think she has to support him. Thats her worry I think.
Thanks again.

The_Conductor

the watchman wrote: »

Thank you for that Ash. My nephew now has his own apartment. His ex says she can't find his passport !!!. he is employed but as I said previously
if he looses his job I think she has to support him. Thats her worry I think.
Thanks again.

All your nephew has to do re: the passport- is report it as missing to the police and then request a replacment from the Irish Embassy/Consulate (he is not entitled to a replacement unless the original passport is officially reported as missing).

As per previous- he really needs to get professional advice on this......

ash2008

the watchman wrote: »

Thank you for that Ash. My nephew now has his own apartment. His ex says she can't find his passport !!!. he is employed but as I said previously
if he looses his job I think she has to support him. Thats her worry I think.
Thanks again.

agree with smccarick on how to go about getting his passport back.

If he does lose his job (hopefully he wont though cos Canada is doing way better than Ireland on the jobs front) then yeah she is expected to support him until the 3yrs are up. However, she knew this when she signed up for it - they spell it out clearly. Anyway im sure she'll calm down - its not like shes expected to fund a lavish lifestyle, its prob more the equivalent of what he'd get on social welfare if he became unemployed..which in Canada isnt a lot really.