Voluntarily renouncing PR as protected person and reapplying later via spouse sponsorship

[chelavnzuo]

Hi, I would like to assess the feasibility of voluntarily renouncing PR as protected person and reapplying later via spouse sponsorship.

I'm the dependent of the main applicant, and we are both in the CR8 category.

The reason is that I would like to do two things:
1. Go back to home country to liquidate assets so I can fund my family's life and expense
2. Bond with my child and grandchild in the US (my child has Canadian citizenship and US green card, my grandchild has dual Canadian and US citizenships).

My intention is that:
1. Voluntarily renounce PR and retrieve home country passport.
2. Go back to the home country, liquidate assets and apply for US visa. I'm not afraid of going back because my spouse will no longer be prosecuted.
3. My spouse will be 100% in Canada and initiate the spouse sponsorship application.
4. Once I receive the US visa I will reunite with my son and grandson, while waiting for the Canada spouse visa.

I know there are other ways for example waiting a few years to get Canadian citizenship, or trying to use a representative in the home country, or trying to apply for RTD (which I have done already, the current RTD processing time is unknow but I have been waiting for 8+ months, there are people waiting 1 year without response, on top of that the US visa waiting time is about 400 days right now). With that being said I have considered all these as well, and to help me make better decision, I would like to consider all options available and understand their pros and cons as much as possible.

For this discussion, I would like to focus specifically on the renouncing and reapplying plan. I would like to know if this plan is feasible at all, anyone has tried or knows anyone has tried this, or just some general information I should be paying attention to before going this route.

For example if you tell me that someone ever tries this, they will automatically be denied entry for life and their in-Canada PR spouse will be deported immediately, then that's valuable information for me to know in advance.

Thanks

 

[Simba112]

Hi, I would like to assess the feasibility of voluntarily renouncing PR as protected person and reapplying later via spouse sponsorship.

I'm the dependent of the main applicant, and we are both in the CR8 category.

The reason is that I would like to do two things:
1. Go back to home country to liquidate assets so I can fund my family's life and expense
2. Bond with my child and grandchild in the US (my child has Canadian citizenship and US green card, my grandchild has dual Canadian and US citizenships).

My intention is that:
1. Voluntarily renounce PR and retrieve home country passport.
2. Go back to the home country, liquidate assets and apply for US visa. I'm not afraid of going back because my spouse will no longer be prosecuted.
3. My spouse will be 100% in Canada and initiate the spouse sponsorship application.
4. Once I receive the US visa I will reunite with my son and grandson, while waiting for the Canada spouse visa.

I know there are other ways for example waiting a few years to get Canadian citizenship, or trying to use a representative in the home country, or trying to apply for RTD (which I have done already, the current RTD processing time is unknow but I have been waiting for 8+ months, there are people waiting 1 year without response, on top of that the US visa waiting time is about 400 days right now). With that being said I have considered all these as well, and to help me make better decision, I would like to consider all options available and understand their pros and cons as much as possible.

For this discussion, I would like to focus specifically on the renouncing and reapplying plan. I would like to know if this plan is feasible at all, anyone has tried or knows anyone has tried this, or just some general information I should be paying attention to before going this route.

For example if you tell me that someone ever tries this, they will automatically be denied entry for life and their in-Canada PR spouse will be deported immediately, then that's valuable information for me to know in advance.

Thanks

From Previous posts, Looks like you applied for Citizenship 9years ago. Not sure what happened with your application.
But in regard to this post, since you are CR8 Category, dependant of main applicant yes you have PP Status. Now renouncing PR Status means you lose Permanent Resident Status but remain Protected Person, you can continue living in Canada and apply for Work Permit, Study Permit and New SIN. Go back to your country/using country of origin passport will cease your protected status and you become inadmissible. You will not be able to return to Canada until you overcome inadmissibility. Your spouse can NOT sponsor you if you are inadmissible. Lastly, you will need to disclose when you apply for US B1/B2 that you are inadmissible, that will also impact Visa officer's decision.

 

[scylla]

Hi, I would like to assess the feasibility of voluntarily renouncing PR as protected person and reapplying later via spouse sponsorship.

I'm the dependent of the main applicant, and we are both in the CR8 category.

The reason is that I would like to do two things:
1. Go back to home country to liquidate assets so I can fund my family's life and expense
2. Bond with my child and grandchild in the US (my child has Canadian citizenship and US green card, my grandchild has dual Canadian and US citizenships).

My intention is that:
1. Voluntarily renounce PR and retrieve home country passport.
2. Go back to the home country, liquidate assets and apply for US visa. I'm not afraid of going back because my spouse will no longer be prosecuted.
3. My spouse will be 100% in Canada and initiate the spouse sponsorship application.
4. Once I receive the US visa I will reunite with my son and grandson, while waiting for the Canada spouse visa.

I know there are other ways for example waiting a few years to get Canadian citizenship, or trying to use a representative in the home country, or trying to apply for RTD (which I have done already, the current RTD processing time is unknow but I have been waiting for 8+ months, there are people waiting 1 year without response, on top of that the US visa waiting time is about 400 days right now). With that being said I have considered all these as well, and to help me make better decision, I would like to consider all options available and understand their pros and cons as much as possible.

For this discussion, I would like to focus specifically on the renouncing and reapplying plan. I would like to know if this plan is feasible at all, anyone has tried or knows anyone has tried this, or just some general information I should be paying attention to before going this route.

For example if you tell me that someone ever tries this, they will automatically be denied entry for life and their in-Canada PR spouse will be deported immediately, then that's valuable information for me to know in advance.

Thanks

I don't think this is possible. I agree with the post above. You can certainly renounce PR status but to the best of my knowledge you will remain a protected person. You should get a consult with at least one, if not a few, very good immigration lawyers before you do anything.

 

[chelavnzuo]

From Previous posts, Looks like you applied for Citizenship 9years ago. Not sure what happened with your application.
But in regard to this post, since you are CR8 Category, dependant of main applicant yes you have PP Status. Now renouncing PR Status means you lose Permanent Resident Status but remain Protected Person, you can continue living in Canada and apply for Work Permit, Study Permit and New SIN. Go back to your country/using country of origin passport will cease your protected status and you become inadmissible. You will not be able to return to Canada until you overcome inadmissibility. Your spouse can NOT sponsor you if you are inadmissible. Lastly, you will need to disclose when you apply for US B1/B2 that you are inadmissible, that will also impact Visa officer's decision.

I don't think this is possible. I agree with the post above. You can certainly renounce PR status but to the best of my knowledge you will remain a protected person. You should get a consult with at least one, if not a few, very good immigration lawyers before you do anything.

I 100% agree with all of what you said and I certainly will consult with immigration lawyers before doing anything.

One extra question, can I renounce CR8 PR and physically remain in Canada as Protected Person, and let my CR8 PR spouse apply in-Canada spouse sponsorship? In this way I do not need to go back to home country. Thanks.

Bottom line is that I guess I would have done things differently at the beginning if I knew that the "normal processing time" of RTD is incorrect and then it's going to take more a year to get an US VISA appointment. I have no intention to make things more complicated than it needs to be.

 

[scylla]

I 100% agree with all of what you said and I certainly will consult with immigration lawyers before doing anything.

One extra question, can I renounce CR8 PR and physically remain in Canada as Protected Person, and let my CR8 PR spouse apply in-Canada spouse sponsorship? In this way I do not need to go back to home country. Thanks.

I don't know.

But I don't understand why you would do this.

 

[chelavnzuo]

I don't know.

But I don't understand why you would do this.

I guess because I thought I was the dependant of the main applicant and could have started to use my home country passport, but it's not the case and I am CR8 just like the main applicant. I guess it's my bad for not understanding this intricated system perfectly before applying and yes there will be consequences for that.

To this extent I think the reason doesn't matter any more, the reason can be what I just said above, or could simply be I changed my mind at this moment, but I just wanted to know what are all the possible options out there, no matter if it's a bad option or a good option, first to find them all, and then understand the feasibility, pros/cons one by one before making a decision.

 

[scylla]

I guess because I thought I was the dependant of the main applicant and could have started to use my home country passport, but it's not the case and I am CR8 just like the main applicant. I guess it's my bad for not understanding this intricated system perfectly before applying and yes there will be consequences for that.

To this extent I think the reason doesn't matter any more, the reason can be what I just said above, or could simply be I changed my mind at this moment, but I just wanted to know what are all the possible options out there, no matter if it's a bad option or a good option, first to find them all, and then understand the feasibility, pros/cons one by one before making a decision.

You really need to pay for a consult with a very good immigration lawyer experienced with refugee cases.

If you renounce PR but remain a protected person and have your spouse sponsor you for PR, then you are still a protected person and the same rules for using your home country passport apply. I think you may be trying to find a loophole that doesn't exist. Talk to a lawyer. This is complex.

 

[Bornlucky]

I guess because I thought I was the dependant of the main applicant and could have started to use my home country passport, but it's not the case and I am CR8 just like the main applicant. I guess it's my bad for not understanding this intricated system perfectly before applying and yes there will be consequences for that.

To this extent I think the reason doesn't matter any more, the reason can be what I just said above, or could simply be I changed my mind at this moment, but I just wanted to know what are all the possible options out there, no matter if it's a bad option or a good option, first to find them all, and then understand the feasibility, pros/cons one by one before making a decision.

Hi - here is my understanding about landed immigrant status outside of the benefits it provides; it's a historical documentation of a person's immigration in history in Canada. A person can become a citizen; a person can abandon their permanent resident status in Canada; but, a person cannot alter their historical path that concluded with the granting of that status.

I believe that you could legally abandon the PR status and then reacquire PR status under a different landing category because I don't know of anything that might preclude it happening, and it probably has happened to others.

I could've claimed successfully from the former USSR and then returned to Estonia after their independence, for example. What do you know, I lose the PR status but over the years get sponsored through the family class. I didn't lose Canada's protected person status but instead lost the PR that went with it, and I then I became a PR through a different migration stream.

I am an online nobody so get more verifiable sources than my take on your question, and consider that you'd have to lose it in order to regain it under a different landing category.

Best of luck.

 

[Simba112]

I 100% agree with all of what you said and I certainly will consult with immigration lawyers before doing anything.

One extra question, can I renounce CR8 PR and physically remain in Canada as Protected Person, and let my CR8 PR spouse apply in-Canada spouse sponsorship? In this way I do not need to go back to home country. Thanks.

Bottom line is that I guess I would have done things differently at the beginning if I knew that the "normal processing time" of RTD is incorrect and then it's going to take more a year to get an US VISA appointment. I have no intention to make things more complicated than it needs to be.

The answer is you don't renounce PR Category, in this case CR8 but you renounce PR STATUS. Once you renounce you cannot appeal or re-acquire same PR Status through other streams while you are in Canada with Protected Status. That protected Status wont go away even if you change PR Category.

 

[chelavnzuo]

The answer is you don't renounce PR Category, in this case CR8 but you renounce PR STATUS. Once you renounce you cannot appeal or re-acquire same PR Status through other streams while you are in Canada with Protected Status. That protected Status wont go away even if you change PR Category.

I see, so basically if I choose this route, which I know is terrible and should only be considered in extreme desperate, it's probably should be done from the very beginning, go back to home country, sort out everything, apply again in the spouse stream, they will strip my protected status and make me inadmissible, I will reappeal and see if the reason is justified and they may issue a temporary resident permit, and maybe to consider H&C.

Totally understandable if they consider me as a trickster a despicable liar, in the end I blame myself for not being thoroughly careful about the process and implications. I would consider none of these nonsense if the RTD and US visa wait time is not so messed up.

 

[Simba112]

I see, so basically if I choose this route, which I know is terrible and should only be considered in extreme desperate, it's probably should be done from the very beginning, go back to home country, sort out everything, apply again in the spouse stream, they will strip my protected status and make me inadmissible, I will reappeal and see if the reason is justified and they may issue a temporary resident permit, and maybe to consider H&C.

Totally understandable if they consider me as a trickster a despicable liar, in the end I blame myself for not being thoroughly careful about the process and implications. I would consider none of these nonsense if the RTD and US visa wait time is not so messed up.

Appealing decision means you have strong reasons to argue that you did not re-avail. In your case it is voluntary re-availment. I have seen you used "May issue TRP" and " May be consider H&C". Its not as easy as you think. H&C is not an option

 

[Bornlucky]

I see, so basically if I choose this route, which I know is terrible and should only be considered in extreme desperate, it's probably should be done from the very beginning, go back to home country, sort out everything, apply again in the spouse stream, they will strip my protected status and make me inadmissible, I will reappeal and see if the reason is justified and they may issue a temporary resident permit, and maybe to consider H&C.

Totally understandable if they consider me as a trickster a despicable liar, in the end I blame myself for not being thoroughly careful about the process and implications. I would consider none of these nonsense if the RTD and US visa wait time is not so messed up.

There's a process: https://www.cic.gc.ca/english/information/applications/guides/5781etoc.asp

I don't see what future inadmissibility there would be for this voluntary act. If it's taken involuntarily through an enforcement process then future US Visas will likely be disappointing on top of the other repercussions of any removal order.

Time is evidently driving much of your considerations so also consider how long that it might take to renounce and then reacquire PR status.

Apply for a TRP? TRPs are authorized by Managers and require a compelling reason (for Canada as well as the applicant). TRPs generally linger on a desk before being refused (in my experience). H&C - if you're not in Canada then that's highly unlikely.

If you do leave and abandon your PR status then I'd say plan for an absence of 5 or 6 years. Any loss of someone's PR status won't see them as a priority for any sort of return, and if you are ever subject to persecution then I guess Mexico is a potential North American destination for protection.

It's an important decision and you're very wise to fully investigate the downside(s).

 

[chelavnzuo]

Appealing decision means you have strong reasons to argue that you did not re-avail. In your case it is voluntary re-availment. I have seen you used "May issue TRP" and " May be consider H&C". Its not as easy as you think. H&C is not an option

I used the wrong word "appeal", in my case, I voluntarily renounce the PR status, and CIC will strip my protect person status because me visiting home country, after that I don't have any status in Canada.

I know I also naively used words like "TRP", "H&C", and I'm not an expert on this, as you mentioned these options might be extremely difficult or impossible, but I just want to know fundamentally does that mean if it has to come to that point, I simply could not do anything in my power to revisit/reunite with my PR spouse in Canada?

 

[chelavnzuo]

There's a process: https://www.cic.gc.ca/english/information/applications/guides/5781etoc.asp

I don't see what future inadmissibility there would be for this voluntary act. If it's taken involuntarily through an enforcement process then future US Visas will likely be disappointing on top of the other repercussions of any removal order.

Time is evidently driving much of your considerations so also consider how long that it might take to renounce and then reacquire PR status.

Apply for a TRP? TRPs are authorized by Managers and require a compelling reason (for Canada as well as the applicant). TRPs generally linger on a desk before being refused (in my experience). H&C - if you're not in Canada then that's highly unlikely.

If you do leave and abandon your PR status then I'd say plan for an absence of 5 or 6 years. Any loss of someone's PR status won't see them as a priority for any sort of return, and if you are ever subject to persecution then I guess Mexico is a potential North American destination for protection.

It's an important decision and you're very wise to fully investigate the downside(s).

TBH the whole reason I wanted to be able to go back to Canada is to revisit my spouse. If I have to wait 5 years or 10 years to reapply for PR that's fine. I will be content if I can still be given a regular visitor visa in the near future.

Also my other priority is to reunite with my child and grandchild in the US, that's why I wanted to give up the PR status, go back, and reapply B1/B2 again because of the long wait here in Canada.

 

[Bornlucky]

TBH the whole reason I wanted to be able to go back to Canada is to revisit my spouse. If I have to wait 5 years or 10 years to reapply for PR that's fine. I will be content if I can still be given a regular visitor visa in the near future.

Also my other priority is to reunite with my child and grandchild in the US, that's why I wanted to give up the PR status, go back, and reapply B1/B2 again because of the long wait here in Canada.

You've got to live your life and I wish you all the luck in the world. I get the sense that this will be Canada's loss but perhaps it's au revoir rather than adieu.