I am in Canada and sponsoring my wife to come to Canada- previous PR and divorce

[kavitha1]

Well I have a complicated question and I would need help from Senior members.

I am in Canada and sponsoring my wife to come to Canada. Both of us are second marriage.

My wife during her previous marriage did apply for highly skilled immigrant visa and enter Canada with her ex-husband and stayed here for only 10 days- her previous marriage was not happy and she had to go through lots of stress, and her previous husband left her- which is indicated on the divorce order and petition.-- this is in 2006

We got married this August 2013- and I applied for sponsorship here in Mississauga and I got my application back stating:- that my wife should apply for Travel Document (Permanent Resident Abroad)- and if she gets rejected I should put that rejection in my application and submit my application again.


Well we know for sure that the residency requirement is not met-- then why is that they have to make us go through this... Is there a chance that we could get a Travel Document (Permanent Resident Abroad)-- due to compassionate reasons?

Questions:-

1) My wife has IMM documents, and expired PR card which has to submitted, with previous husbands name-- should we submit her divorce document?
2) Should I submit my divorce document?
3) Guess we should submit or marriage certificate- Special Marriage Act.
4) Should I show my CRA- returns and employment letter when my wife is submitting for her Travel Document (Permanent Resident Abroad)?-- to add that I am here to look after her?


Please advise- Thanks

 

[Alurra71]

A more senior member can probably help you with all of your answers, but from what I am reading here:

Your wife is still listed as a PR in Canada. It doesn't matter that she hasn't met her residency requirements. They are telling you that she essentially has to 'surrender' her previous PR status in order for you to being a sponsorship for her. The part about them asking her to apply for a TRV is the first step. She should apply at her local embassy for this TRV. She will either get supremely lucky and be given this TRV or she will be denied and given the change to either voluntarily terminate her current PR status or to 'fight' to keep it.

1. If she is supremely lucky and gets her TRV. Use this document ASAP and get her rear end back to Canada. If she manages to get back into Canada, you will no longer have to sponsor her, she will only need to wait until she has been in Canada for 730 days, she can then renew her PR card and give them all the pertinent information to have it changed to her new married status.

2. If she is not so lucky and she is denied her TRV, she should sign the document relinquishing her PR card and all rights granted by it, and then you guys can being your sponsorship application again.

As far as supporting documents and such, there shouldn't be a need of them for her to apply for her TRV.

 

[zardoz]

It's a PRTD that she needs to apply for, not a TRV. Very different applications.

 

[Alurra71]

It's a PRTD that she needs to apply for, not a TRV. Very different applications.

I stand corrected then I assumed since he posted "I got my application back stating:- that my wife should apply for Travel Document (Permanent Resident Abroad)" that is what she would need.

 

[zardoz]

I stand corrected then I assumed since he posted "I got my application back stating:- that my wife should apply for Travel Document (Permanent Resident Abroad)" that is what she would need.

I think that most people abbreviate that to PRTD (Permanent Resident Travel Document) as the use of acronyms when dealing with CIC seems to be "mandatory" ;D ;D

 

[truesmile]

--- then why is that they have to make us go through this... Is there a chance that we could get a Travel Document (Permanent Resident Abroad)-- due to compassionate reasons?

Don't know what the requirements for the PR Abroad Travel Document is, but since there may be even a chance that CIC will approve one, then basically they are telling you that you don't have to go through all of this again. After all, there must be such a thing, and since there is, it's available to somebody for a reason. Go for it! (and see what happens) . . .

 

[zardoz]

Here is the application procedure, to save you some time.

http://www.cic.gc.ca/english/information/applications/travel.asp

 

[kavitha1]

Here is the application procedure, to save you some time.

http://www.cic.gc.ca/english/information/applications/travel.asp

Thanks a lot-- these information was helpful

 

[screech339]

I may be mistaken here but assuming she left Canada since 2006 and hasn't entered Canada since, she probably lost her PR status since she hasn't met the 2/5 year residency requirement to maintain her status.

She can try for her PRTD, but I doubt they will approve it as she would not be able to provide proof of meeting her residency requirement.

To suggest to her to try to get it through misrespresentation, seems to be awfully unfair for those PRs that actually follow the rules of PR status. You guys seems to encourage her to get PR status back through false means.

Screech339

 

[zardoz]

I may be mistaken here but assuming she left Canada since 2006 and hasn't entered Canada since, she probably lost her PR status since she hasn't met the 2/5 year residency requirement to maintain her status.

She can try for her PRTD, but I doubt they will approve it as she would not be able to provide proof of meeting her residency requirement.

To suggest to her to try to get it through misrespresentation, seems to be awfully unfair for those PRs that actually follow the rules of PR status. You guys seems to encourage her to get PR status back through false means.

Screech339

Ah, you misunderstood the point. She is already a PR legally but they want to sponsor her. So, she needs to get rid of her PR status or the application cannot continue. The easiest way to do this is to apply for a PRTD and not appeal when it gets refused. It's an administrative "trick". Of course, if CIC decide to allow it, what can they do? ;D ;D

 

[screech339]

Ah, you misunderstood the point. She is already a PR legally but they want to sponsor her. So, she needs to get rid of her PR status or the application cannot continue. The easiest way to do this is to apply for a PRTD and not appeal when it gets refused. It's an administrative "trick". Of course, if CIC decide to allow it, what can they do? ;D ;D

I didn't misunderstand the point. She WAS a legal PR. I think the problem lies in the enforcement and I think the enforcement occurs at application for Canadian Permanent Resident Travel Document. If CIC really follow to the letter, she would be denied PR travel document on account that her not meeting the residency requirement. She shouldn't be able to appeal on denial as she is trying to recoup her PR status that is not rightfully hers due to her wilful lack on her part in maintaining her PR status.

The only way I would accept her appeal is if she was actually blocked from leaving the country to return to Canada. We all know that isn't the case here. She has every opportunity to return to Canada during her legal PR status. Since she volunteerly decided to stay in her home country of her own free will, she has legally forfeit her right to PR status.

Screech339

 

[zardoz]

I didn't misunderstand the point. She WAS a legal PR. I think the problem lies in the enforcement and I think the enforcement occurs at application for Canadian Permanent Resident Travel Document. If CIC really follow to the letter, she would be denied PR travel document on account that her not meeting the residency requirement. She shouldn't be able to appeal on denial as she is trying to recoup her PR status that is not rightfully hers due to her wilful lack on her part in maintaining her PR status.

The only way I would accept her appeal is if she was actually blocked from leaving the country to return to Canada. We all know that isn't the case here. She has every opportunity to return to Canada during her legal PR status. Since she volunteerly decided to stay in her home country of her own free will, she has legally forfeit her right to PR status.

Screech339

Regardless, she IS still a PR and will remain so until the process of revocation or renouncement has been completed. There seems to be a general myth that you can "lose" your PR status through inactivity. You can't.. It has to be actively removed. In this case, the PRTD application is the trigger for the START of the active removal process. When any/all appeals have been completed, then she will no longer be a PR and the sponsorship application can then be considered.

 

[screech339]

N

Regardless, she IS still a PR and will remain so until the process of revocation or renouncement has been completed. There seems to be a general myth that you can "lose" your PR status through inactivity. You can't.. It has to be actively removed. In this case, the PRTD application is the trigger for the START of the active removal process. When any/all appeals have been completed, then she will no longer be a PR and the sponsorship application can then be considered.

Yes, unfortuately, it seems that applying for PRTD is the trigger in actually getting her PRTD revokes. I think this approach is the wrong approach as people from visa exempt country can simply bypass this problem. They don't need a PRTD to enter Canada. So is why I believe this approach is a flawed method in enforcing the maintance of PR status.

There has to be a change in the system that can include those PRs from visa exempt countries that failed to maintain their PR status requrements. I think one of the requirements is proving you been filing Canada income tax yearly. This way you are proving you actually lived in Canada. If you file your canadian tax outside canada, you have provided your foreign address, proving you are living outside canada. If you don't file your Canadian taxes even if you don't make a dime, you lose your PR status while living in Canada. This would enforce PRs to file their canadian taxes to prove they are actually living in Canada.

Screech339

 

[zardoz]

However, in fact a PR does not have to live in Canada or file Canadian taxes if they are accompanying their citizen spouse abroad. So, even there, the system would need to be set up for the various, quite legal, exemptions.

Fundamentally I agree with you, but the powers that be designed the laws in the way that they currently are and we have to work within them. The UK is MUCH stricter with regards to residency requirements before losing the "leave to remain".

 

[screech339]

However, in fact a PR does not have to live in Canada or file Canadian taxes if they are accompanying their citizen spouse abroad. So, even there, the system would need to be set up for the various, quite legal, exemptions.

Fundamentally I agree with you, but the powers that be designed the laws in the way that they currently are and we have to work within them. The UK is MUCH stricter with regards to residency requirements before losing the "leave to remain".

They already have a requirement of proving they were living with their Canadian spouses outside Canada. They do have to show proof of living together, show foreign income tax filings, land deeds, joint banks accounts, etc. in order to satisfy CIC you lived with Canadian the whole time.

Screech339