Permanent Resident expiry question (as a result, confused about IMM 5481 form)

[JedM]

OK so a while ago (somewhere around 2007-8) I applied to have my then wife come to Canada from the US.

Long story short, it didn't work out, we got a divorce (amicably), she went back to the US. About the same time we both got our divorce certificates in the mail late 2009, she said she got her Permanent Resident application for Citizenship package. She told me she's not going to "use" it, or however it works, and she will not be applying for citizenship.

Anyways, does this kind of Permanent Resident thing expire? What do I need to put on my IMM 5481 (section where it lists previous undertakings) It's been more than 7 years since we started this and nothing came of it, she's in NY running her own business etc. and I'm getting ready to re-marry.

What do I put down on the IMM 5481 in this case? Does getting a Permanent Residency status involve some kind of follow up?

 

[Alurra71]

OK so a while ago (somewhere around 2007-8) I applied to have my then wife come to Canada from the US.

Long story short, it didn't work out, we got a divorce (amicably), she went back to the US. About the same time we both got our divorce certificates in the mail late 2009, she said she got her Permanent Resident card. She told me she's not going to "use" it, or however it works, and she will not be applying for citizenship.

Anyways, does this kind of Permanent Resident thing expire? What do I need to put on my IMM 5481 (section where it lists previous undertakings) It's been more than 7 years since we started this and nothing came of it, she's in NY running her own business etc. and I'm getting ready to re-marry.

What do I put down on the IMM 5481 in this case? Does getting a Permanent Residency status involve some kind of follow up?

It depends. How long was the 'undertaking' for at the time you signed your sponsorship paperwork? If it was 10 year, you still have a few years left on your current undertaking, even if she never used her PR card or anything like that. She still got her PR, which means you're still 'responsible' for her in Canada until the undertaking is over. If it was for 3 years, then you are good. You still need to list that marriage and expect that if you are sponsoring another foreign national they will be looking at your file very closely. Especially if you divorced right after the first wife landed. They might be assuming it was a MOC and really give this new marriage the thorough combing.

Good luck.

 

[Leon]

Unless her PR status was officially revoked, she is still a PR and if she were to visit Canada and not get reported on entry as a PR who doesn't meet the residency obligation, she could put her PR status back in good standing by staying in Canada for 2 years. However, this is of no concern to you.

What is of concern to you is that when you sponsor a spouse, you are responsible for her for 3 years after she lands as a PR. Since it has been more than 3 years since she landed, the sponsorship is no longer in effect.

When you look at the form 5481, it asks about undertakings that are "still in effect" or "not yet in effect". You have no such undertakings.

 

[Alurra71]

Unless her PR status was officially revoked, she is still a PR and if she were to visit Canada and not get reported on entry as a PR who doesn't meet the residency obligation, she could put her PR status back in good standing by staying in Canada for 2 years. However, this is of no concern to you.

What is of concern to you is that when you sponsor a spouse, you are responsible for her for 3 years after she lands as a PR. Since it has been more than 3 years since she landed, the sponsorship is no longer in effect.

When you look at the form 5481, it asks about undertakings that are "still in effect" or "not yet in effect". You have no such undertakings.

I know current undertakings are 3 years, but didn't spousal undertakings used to be 10 years? I wasn't sure when/what year that changed, so I did mention the 10 year or 3 year thing. *shrugs*

***edit*** I looked it up and apparently the 10 years changed to 3 years in June 2002. So the OP was finished with in 3 years.


OP you must list your previous wife in the previous undertakings. She was legally and undertaking for you since she landed. Her current PR status isn't the question they are asking.

 

[JedM]

Actually she landed after we got married, and we lived together for over a year, if not more (that whole time is a blur, brain doesn't really want to remember any of it it seems) but I was mistaken - She got her application for Citizenship around the time our divorce was final. At the time, there were no laws that she had to live with me for 2 years after getting the PR card. We were only married about three years.

In any case, I shan't be making mistakes like that again, and this is definitely the last time I get married!

So... What do I put for 5481? I'm leaning towards no undertakings because the time has elapsed and I am indeed not responsible for her.

PS She came to Canada in 2013 with her mom for a week with no apparent problems at the border.

 

[Alurra71]

Actually she landed after we got married, and we lived together for over a year, if not more (that whole time is a blur, brain doesn't really want to remember any of it it seems) but I was mistaken - She got her application for Citizenship around the time our divorce was final. At the time, there were no laws that she had to live with me for 2 years after getting the PR card. We were only married about three years.

In any case, I shan't be making mistakes like that again, and this is definitely the last time I get married!

So... What do I put for 5481? I'm leaning towards no undertakings because the time has elapsed and I am indeed not responsible for her.

PS She came to Canada in 2013 with her mom for a week with no apparent problems at the border.

Correct you have no CURRENT undertakings. If they ask about previous undertakings though, that is where you would list your ex wife.

Ahh, citizenship. Ok, that makes a huge difference then. You should be fine with your new wife then. They might do a double take because this is your second sponsoring, but it's not rapid and your first marriage wasn't as short as it appeared to be from your first post.

She wouldn't really have too much issue coming to visit from the US anyhow. Rarely is there visitor problems regarding US passport holders.

 

[JedM]

Yes, it was all so long ago... I seem to have lost my divorce certificate too, and the nearest office is 10,000 KM away! I've got my dad calling the courts, seeing how they can issue one to me way out here, if not I'll have to ask the ex for hers (I'd rather not do that, if at all possible - It's just embarrassing, plus at last conversation she might need it too) As for my options, behold the form:

//i.imgur.com/7Kv6aBV.jpg (put an http: in front of that)



*not allowed to post links? WTF why are there forum buttons to do it then?

 

[scylla]

*not allowed to post links? WTF why are there forum buttons to do it then?

You don't have enough posts yet to post a link. This restriction is in place to limit spamming.

 

[scylla]

Correct you have no CURRENT undertakings. If they ask about previous undertakings though, that is where you would list your ex wife.

I think we have to be careful in assuming he has no current undertakings. The length of the spousal undertaking changed from 10 years to 3 years sometime around 2007 or 2006. So the landing date will be key in determining the length of the undertaking.

 

[scylla]

I think we have to be careful in assuming he has no current undertakings. The length of the spousal undertaking changed from 10 years to 3 years sometime around 2007 or 2006. So the landing date will be key in determining the length of the undertaking.

I think I may have the date wrong and this rule changed in 2001. In which case the undertaking has definitely been completed...

 

[Alurra71]

I think I may have the date wrong and this rule changed in 2001. In which case the undertaking has definitely been completed...

I looked it up Scylla, apparently it took effect in June 2002.

 

[JedM]

OK I got it - Thanks guys!!