Divorce proceedings when outside Canada

[bumblebeee]

Hi All,

My Canadian citizen spouse has filed for divorce when I'm still outside Canada. We lived together outside Canada (due to his job overseas) and now I fall short of the residency requirement if not for the fact that he lived with me outside Canada. (I do have proof that we lived together- rent agreement and joint bank account statement)

I hope to return and hold on to my PR.

Should I be worried about losing the PR status?

Appreciate any inputs in this matter.

Thanks!

 

[keesio]

I deleted my original response. I had read the original post incorrectly ( I thought the OP was living with spouse abroad and missed the "divorce" part - how i missed it I don't know )

 

[Leon]

I suggest you return to Canada sooner than later in that case.

 

[barabashka]

I think CIC would have to consider time they were living together abroad toward OP's PR residency obligation even if they do not live together now and even divorced?

 

[Leon]

I think CIC would have to consider time they were living together abroad toward OP's PR residency obligation even if they do not live together now and even divorced?

Yes, they should if she can prove it but when it is time to renew the PR card, her application will look a lot better if she can say she's spent the past year in Canada and before that living with ex husband outside Canada because of HIS job there than if she applies with zero time in Canada and only relying on time spent with ex husband abroad which she may have lost touch with by that time or may not be co-operative in case she has to ask him to testify that they were really living together during that time.

 

[keesio]

Yup, all it takes is a disgruntled ex-spouse to sink the the OPs PR card renewal.

 

[Msafiri]

Sooner or later there is going to be some case law for this 'accompanying exemption to the RO' - it has no set proof of said accompanying in the act or the regs. Such would include scenarios for breakdown in the relationship. Its yet more farce from CIC.

 

[bumblebeee]

PR residency obligations not met, but returning to Canada for masters

Hi, I wrote earlier about my story but the site prompted me to start a new topic..
I have my PR obligation met because of my husband who also sponsored me. I moved outside Canada with him, however, our marriage turned sour and divorce proceedings are currently on.
I got admitted into university in Canada and wish to move back to Canada. But am worried about the extent of issues i may have to deal with at immigration. I do have sufficient proofs that husband and i were together outside Canada. He isn't disgruntled either, and hope he would not mind testifying for this.

My concern now is with the new law requiring 2 years in Canada for a spouse to retain her PR. I read somewhere that it only applies for PRs issued after this rule came about. Mine was issued in May 2011. (I've only lived in Canada for 6 mnths in 2011 months so far, and intend to return in March 2015)

Do let me know, as my higher edu is going to be another investment for me and if there are potential visa issues i'd be facing, i'd rather reconsider the admit.

Appreciate a response.

Thanks

 

[Leon]

Re: PR residency obligations not met, but returning to Canada for masters

My concern now is with the new law requiring 2 years in Canada for a spouse to retain her PR. I read somewhere that it only applies for PRs issued after this rule came about. Mine was issued in May 2011. (I've only lived in Canada for 6 mnths in 2011 months so far, and intend to return in March 2015)

There is no such law. You may be referring to new rules from Oct. 2012 about sponsorship which state that a sponsored spouse must cohabit with their sponsor for at least 2 years after getting PR, regardless if in or outside Canada.

However, this does not apply to you because you applied before these new rules took effect.

 

[bumblebeee]

Hi All,

Thanks for all your advice earlier, I am now in Canada and doing my masters!

I'm now looking to renew my PR card which expires in June 2016. I'm also officially divorced now. I'm concerned about two things - 1)is it advisable to hire a consultant , as I want to make sure the details about the marriage and then the divorce come across correctly on the application, however I cannot really afford one as I'm a student enrolled in an expensive MBA program, running out of funds and yet unemployed. 2) I am a student and currently unemployed without a sponsor -would that be a potential problem during renewal? 3) I did not file taxes while in my home country last year (also I didn't earn enough to actually qualify for taxes here anyway) 4) Will I be able to travel during the time when my PR renewal is being processed?

TIA
Regards

 

[Leon]

Hi All,

Thanks for all your advice earlier, I am now in Canada and doing my masters!

I'm now looking to renew my PR card which expires in June 2016. I'm also officially divorced now. I'm concerned about two things - 1)is it advisable to hire a consultant , as I want to make sure the details about the marriage and then the divorce come across correctly on the application, however I cannot really afford one as I'm a student enrolled in an expensive MBA program, running out of funds and yet unemployed. 2) I am a student and currently unemployed without a sponsor -would that be a potential problem during renewal? 3) I did not file taxes while in my home country last year (also I didn't earn enough to actually qualify for taxes here anyway) 4) Will I be able to travel during the time when my PR renewal is being processed?

TIA
Regards

1) No, you don't need a consultant or a lawyer
2) No, as a PR, you can be unemployed and running out of funds and you don't need a sponsor. The main criteria is that you've lived in Canada for at least 730 days in the past 5 years.
3) You should file your taxes every year regardless of how much money you make unless you leave Canada for more than a year in which case you could ask CRA to consider you a non-resident for tax purposes. However, as a PR, it would not be advisable to do that because immigration now asks for tax returns for the past year when you renew your PR card or apply for citizenship. Therefore, you should see about filing taxes now for the year that you missed. You are late but late is better than never.
4) Yes, you can re-enter Canada with your old PR card as long as it is valid. You can still enter Canada after it expires but you might have a problem being allowed to board the plane.

Keep in mind that you may not apply to renew your PR card more than 6 months before it expires.

 

[bumblebeee]

PR Card renewal

Hi All,

Quick qn before I start my PR card renewal:

Background - Got married to a Canadian citizen in 2010 and got PR in 2011. Left for home country w Canadian husband as he got a job there, in the next 3 years, marriage started to fall apart. Husband left back for Canada in 2014 and I moved back to Canada in 2015 with an admit into a top notch university in Ontario for an advanced degree. Moved to university town and by then divorce was finalized in early 2015. Now, I need to renew my PR card.

Qns:

1) The application says I should mention relationship with Canadian citizen family member. should i mention "husband" or "ex- husband"?
2) what supporting docs do i need to send with regards to his employment in home country (India)? should i provide proof of his work as well as proof of our residence? Of the 2 years we lived together in India, i have the rental agreement for one of them which also has my name on it.
3) How do I mention that we are now divorced? There is no provision for it. Also, please advise on what other documents with regards to my absence from Canada during Nov 2012 to Jan 2015 would be appropriate/ good to send with application?

Thanks a lot!

 

[Leon]

Preferably you need some proof of your husbands job and your living with your husband. The rental agreement is good but if you have bills or tax papers mail to each of you at that address, that will also help.

You should say ex husband because that what he is now and write a cover letter explaining that you were married at the still accompanied him outside Canada from 2011 to 2014.