PR Card Renewal as being seprated

[ronald33]

hi ! experts

i am really in big trouble, i having difficuties.
me and my hunsband came here Canada as a Permanent residence in 2000 from India. my baby was born during the period ( she has canadian citizenship ). then we sent our baby to my parents home. now she is 9 years old still living with my mom. we stayed here until 2002 then went to USA for life strugle reason. me and husband had problem with eachother reagarding family mattar. After we went USA, our misunderstand gone worst and went up to Living separate. since then we never get together eachother. then i heard he suddenly came back to Canada not got citizen. then i stayed USA next 6 Years. so i got problem to get back to Canada because of PR Status expired then i request him to help me to get in Canada because i have to live life my life for my baby for her future. we had big discussion about it then at last he did favour to me and he appeled to immgration of canada to extend my date for get back. and then he sent extendent paper of immigartion to me. the paper was valid until 15 October 2010. SO, i came back here in 1 october,2010. Still i m living sperately. Now i want to go to my parents and baby to see , i can go but i can;t come back again because of PR Card. i can't apply for PR Card without his infomation because we are not divorced. i want him to help me ,i beged by all reason , he has no feeling ...he don;t want my baby back with me ..he want to me to go back to country and never back.. i donlt know why ? ...but i can't go because my baby's future here and also want for canadian residency. its been more than 10year i have seen my born baby my parents ,,can u imagine??? i want renewal my pr card but the appilcaiton requires my husband past and futuer information. which is not possible for me. and since one year i m begging him for this help but still not ready to help. i want to travel to my baby and parents...can i apply as seprated? by reason living seprate since last 6 year or would it bring more troble to me? is there any leagal solution? how can i get rid of from this trap???...waht is legal seprate ans seprate??? please help to meet my baby......thank you

 

[Leon]

If you did not live in Canada for 6 years or more, surely you already lost your Canadian PR. I do not know what he applied for for you. Did he apply to sponsor you as a PR again? Did he apply for a travel document for you?

If he applied for a travel document, did he truthfully state that you had been living in the US the whole time? If yes, then you would not have gotten it, if no, he lied on the application, making himself as well as you guilty of misrepresentation. Do you have a copy of this application form? If not, the only safe way to keep your PR is to stay in Canada until you have 2 years in Canada that you can prove where you lived and then apply to renew your PR card.

If he applied to sponsor you for PR again saying you are still married, then you are also guilty of misrepresentation if you landed in Canada as married when you are really separated. If you tell immigration that, you will surely lose your PR.

 

[ronald33]

thank Reon for ur consern about my case...
let me clear you about some of ur question....
after my PR Card expired while i was in USA ...he did re-sponsorship to reunion family.....then the immigration extended date to return me to Canada and i got enter in Canada before that given date...now its already been more than 1 year i m here in Canada....i had thought everything will be alright after i get in Canada then my husband would help me to fill PR Card and i would go to see my daughter and family ...and now he is just holding the paper because the PR Card renewal firms needs his information...i can;t apply as divorced because i m not, i have been living separately from him since i came here ( almost 1 years).....its like i m in trap....sometimes he want to do it...but he want to bargaining with uncontested divorce....he is scare about if i would claim for her property or claim for my daughter...so he is just playing game with me ..anyway !....can u help me if u know anything in this case...pls Leon

 

[AllisonVSC]

So, just to be clear on your situation. Your husband sponsored you again for family class PR and you landed in October 1, 2010? And, if so, do you have your Certificate of Permanent Residence (COPR) from October 2010?

 

[Leon]

So you were sponsored again by your husband even though you were already separated. Do you know what he said in his application when he applied for you? Did he say that you were separated but were getting back together? Do you know where he lived at the time you landed again? Did you give his address and did you stay with him at all?

Why did you not get a PR card shortly after landing? This is normally the case with new PR's. Is it possible that your PR card was sent to his address and he is holding it from you?

What information do you need from him to apply for a PR card?

I am not a lawyer but I believe that if you were to apply for a PR card now, listing your status as separated, you would get it. Immigration might want to ask you when you separated. You should definitely not tell them that you had no plans to reconcile with your husband at the time you landed because that would be misrepresentation. Other than that, I do not know what you should say. I think you should seek legal advice to make sure.