Renouncing PR

[shahiniamin]

Hi guys,
Due to violating the RO, I plan to voluntarily renounce my PR and re-apply for PR from the scratch in near future. Can anyone please inform me of the pros and cons of such a decision? Does renouncing negatively affect my future PR application?

 

[Buletruck]

There should be no negative impact on a new application. Reading your previous post, it's probably the best scenario, given your circumstances. You may want to consider at least trying for TRV for your wife before you make the decision. No guarantee that you wouldn't be reported, but once you are here without being reported, even if your wife overstayed, IRCC is pretty forgiving when it comes to PR applications (once you meet RO) for spouses, as long as you are honest about it.

 

[shahiniamin]

I suppose TRV is almost impossible at this time since they may suspect it. Plus, she has never taken Schengen visa nor any valuable visas. So it reduces her chance of getting the visa for Canada.

 

[Buletruck]

Not impossible, but difficult. it is all going to depend on what you see as the best option for you and your spouse. Personally, I wouldn't immediately give up my PR without at least trying to retain it, but that's my perspective. It may be worth the effort for you, it may not.

 

[shahiniamin]

Sorry for the late reply. Which one leaves less negative impression on IRCC regarding renouncing PR? Voluntarily renouncing or renouncing after being caught by an officer?

 

[canuck78]

Sorry for the late reply. Which one leaves less negative impression on IRCC regarding renouncing PR? Voluntarily renouncing or renouncing after being caught by an officer?

Neither. It will have no effect either way if you try and apply again. The issue is that you will need to be separated from your wife for approximately 3 years if you manage to enter Canada without being reported.

 

[shahiniamin]

I just contacted an immigration solicitor in Canada ,and she said since I have about a year to the card expiry date, I can enter Canada and show that I am back to stay and work. She claimed after I find a job I can immediately apply for spousal sponsorship! I am confused!

 

[LifeDreamer]

If you think you are no longer eligible to remain in Canada then it doesn’t matter if you were able to stay/work/renew you card ..etc because there could be a point where your eligibility is challenged in the future whether while renewing your PR or applying for citizenship.

However if you apply for anything where this issue is brought to light without any misrepresentation on your part, then CIC is given the opportunity to adjust your status and if they still approve you then you have the right to stay as if nothing happened but if they reject you then that’s fine as it is not an offense under immigration law as long as you don’t misrepresent yourself.

I am not sure whether waiting to fulfill RO before applying is helpful in this regard, but if you are confident in your ability to apply for a new PR then I would suggest trying sponsorship right away. It will save you the time and there should be no harm in case you were denied.

 

[scylla]

I just contacted an immigration solicitor in Canada ,and she said since I have about a year to the card expiry date, I can enter Canada and show that I am back to stay and work. She claimed after I find a job I can immediately apply for spousal sponsorship! I am confused!

Solicitor is wrong.

 

[shahiniamin]

Aha so you mean if I apply for wife sponsorship right after I could enter Canada unnoticed, this is actually a shot in the darkness which may work and even if they turn down my application and revoke my own PR, it wouldn't affect my future PR application from the scratch. Right?

 

[LifeDreamer]

I am not sure what you mean by unnoticed.

 

[shahiniamin]

I mean if I apply for wife sponsorship right after I could enter Canada without being reported for RO violation , this is actually a shot in the darkness which may work and even if they turn down my application and revoke my own PR, it wouldn't affect my future PR application from the scratch. Right?

 

[Yose]

I mean if I apply for wife sponsorship right after I could enter Canada without being reported for RO violation , this is actually a shot in the darkness which may work and even if they turn down my application and revoke my own PR, it wouldn't affect my future PR application from the scratch. Right?

No. When you apply for sponsorship while in violation of RO you will be reported. Most veterans here advise that when you are able to enter Canada unreported, you must first stay up to the required years before making any transactions with the immigration agency.

 

[shahiniamin]

No. When you apply for sponsorship while in violation of RO you will be reported. Most veterans here advise that when you are able to enter Canada unreported, you must first stay up to the required years before making any transactions with the immigration agency.

Hi,
I recently met someone who could sponsor her wife though he was in violation of RO. The officer only asked him to prove he is gonna live in Canada and he showed some proof like being a university student and his pay rolls. So I think it is not impossible to sponsor even if in RO violation.

 

[canuck78]

Hi,
I recently met someone who could sponsor her wife though he was in violation of RO. The officer only asked him to prove he is gonna live in Canada and he showed some proof like being a university student and his pay rolls. So I think it is not impossible to sponsor even if in RO violation.

He must not been in violation quite yet but close or you're misunderstanding the situation. Proof that you will be settling in Canada is often asked when a Canadian citizen is sponsoring their PR spouse while both out of Canada.