Divorced , different name in PR Card and National Passport

[nadea]

Dear friends, please help with advices in my situation.
I entered Canada and lived in Montreal on sponsorship base from May 2010 - March 2011. My PR Card was issued on name of my husband family and it is valuable until June 2015.
In March 2011, I came in my native country to divorce and remain here until today, November 2013. After divorce, I changed all my national documents with my maiden name, except PR Card and other Canadian documents.
Please let me know if:
1. I meet my PR obligations to enter the territory of Canada. If yes, how can I pass the canadian customs borders if my family name from PR CARD and my passport is different?
2. Can I enter Canada without the document Record of Landing, as my ex husband took it from me when I left Canada in 2011.
Thanks in advance

 

[steaky]

1) If you use the automated border clearance machines at the airport, you just scan your PR card and hand over the printed kiosk receipt to the border officer at the exit.
2) Since you hold valid PR card, you don't need record of landing to enter Canada.

 

[zardoz]

Two things...
1) What the husband did was illegal. It was not his document to take off the OP. That was theft.
2) The OP is going to have a difficult time when it comes to PR card renewal, without that document AND all her identify documents replaced.

 

[nadea]

steaky and zardoz thanks a lot for your replies, it was very important for me!

 

[Msafiri]

nadea,

Factors to consider:

1. You have until the 5th anniversary of your landing i.e. until May 2015 to meet the Residence Obligation of 730 days of physical presence in Canada. These days do not have to be consecutive so you have a 'credit' of about 8 months from your previous stay.

2. Canada may or may not recognize the divorce. Some jurisdictions require both parties to divorce to meet 'residential'/other legal requirements so if you live in different countries during the divorce there may be questions about its 'validity'. You need to check with a lawyer if your divorce is recognized not just in your country but also in Canada/ third countries. If not you may find you are still considered married which will impact on say future spousal sponsorship.

3. Subject to meeting the Residence Obligation and proof that you are the same person despite the change of names you will have no issues entering Canada. Your problem will be boarding the flight and also using the automated kiosks. The check in agent may need to see your divorce papers as proof of name change. The border agent at the end of the automated gates will send you to Secondary Inspection where they will cross reference the name. You need to show a documentary trail of name changing i.e. maiden/married/maiden. CIC will be watching out really to make sure you are the same person.

4. When you return to Canada you need to change your official documentation e.g DL, Health Card to reflect your name change as this will prevent any issues longer term. It will be best to change your PR Card too.

 

[nadea]

Dear Msafiri,

I appreciate very much your advices. Hope will not have problems with divorce recognition.

Any additional information will be helpful for me.

Thanks a lot!