Spousal breakdown. I really need some advice.

[dadriver]

I was sponsored and got my PR under spousal sponsorship together with my son from previous relationship. My common law partner and I who had sponsored me had a falling out and it did not worked out. We had to moved out and go to a different city but same Province. Can my sponsor still ask immigration to revoke our PR status? Do we need to return to the city we previously stayed to finalize our separation. And lastly, even though she sponsored my son. Can she have custody rights? Please help and thanks.

 

[Eveslm]

No she cannot revoke your PR. But IRCC can if proven that you entered into a marriage of convenience. Meaning if she has reasons to do so, she can report you for marriage fraud to IRCC. However, a marriage fall out does not necessarily mean that it was a marriage fraud to begin with, they would need to prove that it was not a genuine marriage (which depending on the reason for the marriage breakdown, might be difficult after proving that it was genuine and hence giving you PR). How long after you getting the PR did you leave your wife? Was it immediately?

She cannot have custody rights unless she adopted the child

 

[dadriver]

No she cannot revoke your PR
She cannot have custody rights unless she adopted the child

Thanks for the quick reply.

 

[canuck78]

Depends on whether you were still together when you landed and whether you lived together in Canada.

 

[dadriver]

No she cannot revoke your PR. But IRCC can if proven that you entered into a marriage of convenience. Meaning if she has reasons to do so, she can report you for marriage fraud to IRCC. However, a marriage fall out does not necessarily mean that it was a marriage fraud to begin with, they would need to prove that it was not a genuine marriage (which depending on the reason for the marriage breakdown might be difficult after proving that it was genuine and hence giving you PR). How long did after you getting the PR did you leave your wife? Was it immediately?

She cannot have custody rights unless she adopted the child

we were leaving together for 5 year since I came to Canada. But got my PR only 2018 and separated after a year.

 

[dadriver]

Depends on whether you were still together when you landed and whether you lived together in Canada.

yes we were

 

[scylla]

we were leaving together for 5 year since I came to Canada. But got my PR only 2018 and separated after a year.

Your PR status is safe. Nothing to worry about.

Only impact is if you want to sponsor a new partner / spouse from outside of Canada. In that case you have a wait ahead of you.

 

[dadriver]

Your PR status is safe. Nothing to worry about.

Only impact is if you want to sponsor a new partner / spouse from outside of Canada. In that case you have a wait ahead of you.

 

[scylla]

For the case of my son. even if she sponsored him and we had a falling out and I took my son with me. is it considered kidnapping?

This is a family law question rather than an immigration question.

 

[dadriver]

This is a family law question rather than an immigration question.

okay thank you so much. Sorry for that.