Can I cancel my husband Permanent Residency Card?

[Jompakz1]

And I didn't divorce him as we don't have divorce backhome and he came for a visit last year but went back home after a month..but I received their PR card when they are already backhome.

 

[21Goose]

Yes my son has a PR card..I have it, both of their PR card..my plan is to bring it to them personally and we come here altogether..but my ex husband now doesn't want to come here anymore because he is happy now with his life back home.. so only my son..but I don't know if I will have a problem if I only bring my son here without my ex!

This is a matter for a family lawyer. From an immigration standpoint, you can bring your son with you as he is a permanent resident.

However, your husband has equal rights over his child. If you divorce your husband and legally gain sole custody, then you'll be fine, but otherwise it can get messy. What if he claims later that you have kidnapped his son and took him to Canada without your husband's consent?

These aren't trivial issues and can get you into serious trouble with the police and CBSA.

You really should consult a good family/immigration lawyer. Your case isn't a straightforward one.

 

[21Goose]

Also, he really isn't your ex-husband till you get a divorce or get a decree of legal separation. You are still married in the eyes of the law.

 

[Jompakz1]

Thanks a lot for your suggestions.

 

[Yelsew]

Yes my son has a PR card..I have it, both of their PR card..my plan is to bring it to them personally and we come here altogether..but my ex husband now doesn't want to come here anymore because he is happy now with his life back home.. so only my son..but I don't know if I will have a problem if I only bring my son here without my ex!

Since you say he "doesn't want to come here anymore", he may eventually lose his permanent resident status anyway. Five years from now, if he can't prove that he has lived in Canada for at least two years, he won't be able to renew his PR card.

 

[SoftwareEngg]

Good day,
Just want to make it short, My husband cheated on me back home when my son and him came here last year thru Family Sponsorship and try to fix things, but after a month they have to go back home coz my son need to finish his school and just come back here after a year.But my husband now ex...still cheating on me..I received their PR card and didn't give it to them yet because my plan is to go back home and bring them here with me..but now I wanted to just bring my son only...What should I do? Do i have to cancel my husband PR card and call the CIC or just let it expire?

I think your son is not Canadian citizen... then in that case if you will get success to canel your husband's PR then the law back home wont allow you to relocate your son in Canada because your son is citizen of backhome country and parents also citizen of that country. As other member already mentioned it seems your relationship was genuine en now its not going good but IRCC w

 

[foodie69]

I think your son is not Canadian citizen... then in that case if you will get success to canel your husband's PR then the law back home wont allow you to relocate your son in Canada because your son is citizen of backhome country and parents also citizen of that country. As other member already mentioned it seems your relationship was genuine en now its not going good but IRCC w

No one ever said the son is a Canadian citizen..

 

[SoftwareEngg]

No one ever said the son is a Canadian citizen..

Thats what I said :$ .. son is not canadian citizen ..thats why she cant do anything against her husband PR status.

 

[Quink]

Ummmm... where does your son want to be? Does he actually want to move to Canada with you or does he want to stay back in your home country with his Dad? Is your ex-husband aware of your plan to relocate your son to Canada and does he approve?

Go see a family lawyer. Preferably one who is familiar with family law in both Canada and your home country. This issue is WAY bigger than one that should be solved on an internet forum like this.

 

[canuck_in_uk]

Thats what I said :$ .. son is not canadian citizen ..thats why she cant do anything against her husband PR status.

??

Her son't citizenship has nothing to do with her husband's PR status.

 

[SoftwareEngg]

??

Her son't citizenship has nothing to do with her husband's PR status.

If her son is canadian citizen and her son and husband are staying backhome... then she can file child abduction case against her husband and can request CIC to cancel her

 

[canuck_in_uk]

If her son is canadian citizen and her son and husband are staying backhome... then she can file child abduction case against her husband and can request CIC to cancel her

She could file an abduction case regardless of the child's citizenship if the husband actually kidnapped the child. It still has NOTHING to do with cancelling his PR. She can't do that.

 

[canuck_in_uk]

No..kidnapping is not necessary. ... citizenship will play a big role.... if her son is canadian citizenship. Criminal charges on her husbandwill help her in appealing in IRCC to cancel her husband's PR.

Still wrong. Abduction = kidnapping and still NOTHING to do with his PR status.

 

[zardoz]

If her son is canadian citizen and her son and husband are staying backhome... then she can file child abduction case against her husband and can request CIC to cancel her

No..kidnapping is not necessary. ... citizenship will play a big role.... if her son is canadian citizenship. Criminal charges on her husbandwill help her in appealing in IRCC to cancel her husband's PR.

With respect, you simply don't understand how this all works, and you are not helping.

If the child is already outside Canada and the mother does not have sole legal custody, the father's permission is required to remove the child to Canada. There is no "abduction" or "kidnapping" involved. The father just saying "no" is enough. The citizenship of the child is not relevant.

 

[SoftwareEngg]

Sorry Sir/Madam.... I m not knowlegable.... plz go ahead.