Can somebody help me on my special case?

[qyang118766]

This is my story:
I got marry with my wife, she is an Canadian, so I applied to immigrate to Canada got approve Jan 2016, because I'm working at USA, so I left Canada before I got my PR card mailed. Due to some personal issues, we two signed separate agreement and waited for a year to divorce. based on the old policy, I could lose my PR status if the marry less than 2 years, but today I saw the new policy had already changed, the news is Elimination of Conditional Permanent Residence which means the PR card won't be cancelled even the marriage less than 2 yeas. So my questions are:
1.Do i have PR card any more?
2.If my PR card get cancelled, how can I know that?
3. Will the CIC inform me the cancellation?

Thanks guys!

 

[doc_mady]

Do you have your PR card with you? Or you don't have it?

 

[qyang118766]

Do you have your PR card with you? Or you don't have it?

Actually, my PR card was already delivered to my wife's APT, but she refused to give me. I was in USA that time

 

[doc_mady]

Why don't you apply for a replacement for your PR card?

 

[qyang118766]

Why don't you apply for a replacement for your PR card?

yes, I'm going to do that, do I have to go to the Visa office?

 

[doc_mady]

yes, I'm going to do that, do I have to go to the Visa office?

No, you can do it online.

 

[Kickistan]

No, you can do it online.

He can do it online? how?
As far as I know there is an application package on CIC's wesite. He can fill out the application package and submit it to the right office in America. It does not say that you can do it online.

The link is down below:

http://www.cic.gc.ca/english/information/pr-card/apply-how.asp

 

[doc_mady]

He can do it online? how?
As far as I know there is an application package on CIC's wesite. He can fill out the application package and submit it to the right office in America. It does not say that you can do it online.

The link is down below:

http://www.cic.gc.ca/english/information/pr-card/apply-how.asp

My bad! I am terribly sorry! I was totally confused. I applied through express entry and I did everything online. I thought the same system works for replacing PR cards. Everything is getting complicated!

 

[qyang118766]

My bad! I am terribly sorry! I was totally confused. I applied through express entry and I did everything online. I thought the same system works for replacing PR cards. Everything is getting complicated!

Thank you so much, I'm also wanna ask if I may lose my PR card after divorce under the current policy?

 

[qyang118766]

one more question, is her behavior against law? (hold my PR card and refuse to give me)

 

[canadianwoman]

You will not lose your PR because you get divorced, because the government has done away with the conditional PR.
It is not legal for her to keep your PR card and refuse to give it to you. It might be easier to just apply for a new one, however. The police might accompany you to her house to gather your belongings. You could ask at the police station in her city, or consult a lawyer.

 

[qyang118766]

You will not lose your PR because you get divorced, because the government has done away with the conditional PR.
It is not legal for her to keep your PR card and refuse to give it to you. It might be easier to just apply for a new one, however. The police might accompany you to her house to gather your belongings. You could ask at the police station in her city, or consult a lawyer.

Thanks for your answer!
Yesterday she told me she will go to immigration office to cancel my PR card, can she do that without my permit?

 

[sylvain1]

Thanks for your answer!
Yesterday she told me she will go to immigration office to cancel my PR card, can she do that without my permit?

If she hasn't done it before the conditional PR was removed, she can't do it now as the conditional PR no longer exist. If she reported to CIC that you were no longer in a relation before the condition was removed, then you lost your PR. But if you talked to her yesterday and that she said she will cancel your PR, it means she didn't do it yet, so as the condition doesn't exist anymore (since April 2017 if I'm not wrong), she cannot do anything.

 

[qyang118766]

If she hasn't done it before the conditional PR was removed, she can't do it now as the conditional PR no longer exist. If she reported to CIC that you were no longer in a relation before the condition was removed, then you lost your PR. But if you talked to her yesterday and that she said she will cancel your PR, it means she didn't do it yet, so as the condition doesn't exist anymore (since April 2017 if I'm not wrong), she cannot do anything.

thanks,I appreciate
Yesterday, She told me she hadn't send divorce application to the court, and threat me for cancel my PR, also she said the new policy won't effect that person who has already gotten PR, that makes me confused. I got my PR status at JAN 2016, but she refuse to give me PR card, so I still in US and can't back to Canada, that's really makes me angry but can do nothing...

 

[canuck_in_uk]

thanks,I appreciate
Yesterday, She told me she hadn't send divorce application to the court, and threat me for cancel my PR, also she said the new policy won't effect that person who has already gotten PR, that makes me confused. I got my PR status at JAN 2016, but she refuse to give me PR card, so I still in US and can't back to Canada, that's really makes me angry but can do nothing...

You can easily do something. If you want to return to Canada by commercial carrier, you need to apply for a PRTD. Otherwise, you can cross the land border in a private vehicle or on foot without a PR card or PRTD. Once in Canada, you can apply for a replacement PR card.