Family Class Sponsorship for Conjugal Partners App changed to Married Status

[zardoz]

This is the thing about PR status. There are only four ways to lose it.

1) it's formally revoked, after due process,
2) it's formally renounced by the holder,
3) the holder becomes a Canadian citizen,
4) the holder dies.

So, yes, a 35+ years failure to meet residency, or any other obligation, doesn't cause it to "expire".

 

[Alurra71]

Wow! That's f'n unbelievable!!!

I guess it's going to be tempting to the OP, but if for some reason things go awry after he's back in Canada, such as CBSA being suddenly made privy to this situation, wouldn't he then be in Canada illegally (if he's stayed beyond 180 days) and could possibly face a Removal Order, and an Exclusion Order?

You certainly can't fault the OP for at least trying this...I guess.

the WORST that CBSA could do to the OP once he is in Canada is report him to CIC for failure to meet RO. However, I am not sure they can do that once he has passed 'inspection' at the border. They can not issue him a departure order or exclusion order or any other kind of order for that matter. He is a PR. He has just as much right to live/work in Canada as someone who was born here. So, no, he would NEVER be considered an illegal by being here in Canada.

He has already proven several times that he can in fact bypass his RO and just come as a visitor by not mentioning that he is a PR. I guess it could be to his benefit due to the fact his information may have never made it to the computer systems because it is so 'old'.

If he has already sent inquiries to CIC regarding his status or otherwise 'alerted' them to his current status, he won't really have too much to worry about.

It sucks, indeed, but the rules are the rules. Until CIC figures out how to 'close' that hole it can/will be used.

 

[Scotch4451]

Thanks for all the comments. They have been helpful. I'd like to add.

While it seems I still have my PR, since it has not been taken away, it seems like an iffy prospect to rely on it since I do not have my RO satisfied and if asked to furnish proof, I have none and I would have difficulty challenging that. Just flying up and not returning to live and stay there for the next 730 days in order to fulfill my RO without said proof and then trying to work, get a driver's license, possibly even trying to get health coverage and then not being able to leave the country during that time would risk running me afoul of the CBSA and CIC. I suppose I wanted to clear the record and get lawful again thus applied for PR.

Yes, the CIC will get confused when they get to my part of the application (just received notice my sponsor was approved) wondering why I am applying when they have on record that I already have my PR? At this point, I am likely to have to renounce/relinquish it since I cannot meet my RO. And in this way the application can proceed.

But based on your comments, my application as conjugal partners is worrisome particularly since the barriers barring us from marriage, like the examples they provide in the instructions, are not there for us. I think we are able to prove our relationship is genuine but if those particular barriers aren’t there, it sounds like we can/will get rejected. As we plan to get married while the application is under review, my thought was our application could be amended by alerting them to our change of status. There might be some additional paperwork to reflect the new status but I’m hearing in this thread that we may have to start all over again from scratch to reflect this new status. Rules are rules I guess but that seems unreasonable. I won’t voluntarily withdraw at this point either until I hear from them about which way they will proceed.

Your thoughts please. Thanks.

 

[Alurra71]

Thanks for all the comments. They have been helpful. I'd like to add.

While it seems I still have my PR, since it has not been taken away, it seems like an iffy prospect to rely on it since I do not have my RO satisfied and if asked to furnish proof, I have none and I would have difficulty challenging that. Just flying up and not returning to live and stay there for the next 730 days in order to fulfill my RO without said proof and then trying to work, get a driver's license, possibly even trying to get health coverage and then not being able to leave the country during that time would risk running me afoul of the CBSA and CIC. I suppose I wanted to clear the record and get lawful again thus applied for PR.

Yes, the CIC will get confused when they get to my part of the application (just received notice my sponsor was approved) wondering why I am applying when they have on record that I already have my PR? At this point, I am likely to have to renounce/relinquish it since I cannot meet my RO. And in this way the application can proceed.

But based on your comments, my application as conjugal partners is worrisome particularly since the barriers barring us from marriage, like the examples they provide in the instructions, are not there for us. I think we are able to prove our relationship is genuine but if those particular barriers aren't there, it sounds like we can/will get rejected. As we plan to get married while the application is under review, my thought was our application could be amended by alerting them to our change of status. There might be some additional paperwork to reflect the new status but I'm hearing in this thread that we may have to start all over again from scratch to reflect this new status. Rules are rules I guess but that seems unreasonable. I won't voluntarily withdraw at this point either until I hear from them about which way they will proceed.

Your thoughts please. Thanks.

If you have already sent in your application and your sponsor was approved, coming to Canada on your previous PR is a moot point. You will likely receive some paperwork very soon detailing how to renounce your previous PR so they can proceed with your new application.

Best of luck to you

 

[rhcohen2014]

But based on your comments, my application as conjugal partners is worrisome particularly since the barriers barring us from marriage, like the examples they provide in the instructions, are not there for us. I think we are able to prove our relationship is genuine but if those particular barriers aren't there, it sounds like we can/will get rejected. As we plan to get married while the application is under review, my thought was our application could be amended by alerting them to our change of status. There might be some additional paperwork to reflect the new status but I'm hearing in this thread that we may have to start all over again from scratch to reflect this new status. Rules are rules I guess but that seems unreasonable. I won't voluntarily withdraw at this point either until I hear from them about which way they will proceed.

Your thoughts please. Thanks.

CIC is not going to send a rejection without asking for more information or scheduling an interview. I *think* what you are suggesting IS possible, as I believe there are couples who have changed status mid application. If it's not possible to just send in the spousal forms and request the category be changed, it WILL be possible to bring it up at some point. More likely than not, you will have an interview. I think what another couple is doing is bringing all the new paperwork with them to the interview and asking for the status to be changed. If there's no criminal issue, and it's really only a matter of "Wrong category", there is a chance you won't have to apply again. While the process will certainly be longer than expected, it won't necessarily be rejected.

 

[truesmile]

Are you serious?!?! A person that hasn't fulfilled their RO for over 30 years can simply `get into Canada' as a visitor (assuming that the CBSA officer doesn't see their EXPIRED PR in their system) and after 2 years, they can renew their PR status?!?!

Does that seem fair?

Life isn't fair. And YEP, that's the rules. If the OP can prove their entry into Canada and that they didn't leave for two years, then absolutely they can renew their PR card at that point. To apply for PR again the OP must apply for a PRTD (PR travel document) while abroad, which upon it's refusal would revoke his/her current PR status. Then and only then could another application for PR be submitted. To one of the other posts, a 'removal order' isn't going to go anywhere against someone 'with PR' that is inside Canada.