Yourname said:
Sorry for bringing this old topic up. But it is something similar to mine and I saw it as I was browsing around..
I landed in October 2008, left the country leaving behind my spouse at the time in October 2009. Then I returned in September 2013. So basically, physically present in Canada only 1 year.
Hence, I am staying put till September 2015 before applying to renew my PR card.
However, all this time, me and the spouse separated but we did not do so legally. We just started to figure out the divorce proceeding now that I got back in the country in the nick of time.
Like the above poster said, I fell in love outside the country and now thinking of common-law sponsoring my girlfriend.
Two questions:
1) Can I sponsor her without my expired PR card? (keep in mind I haven't completed divorce yet - heck just about to start it)
2) Can I apply to renew my PR card saying nothing about my separation from ex-wife and then divorce and then sponsor my girlfriend?
Thanks!
1) No, you can not sponsor because you do not meet the residency requirements yourself and sponsoring would bring that to the attention of immigration and you would risk losing your PR. Another point would be that although common law sponsorship is allowed even though you are still not divorced, you must have been living with your new girlfriend for at least 12 months in order to be considered common law and unless your new girlfriend has been with you in Canada those past months, it would mean that you were not living with her as common law since about a year ago in which case immigration might not accept your common law status.
2) It is not a requirement that you are not separated from your wife to renew your PR card. The requirement would be that you have less than 1095 days outside Canada in the past 5 years where days outside Canada accompanied by your Canadian spouse would not be counted. If you are asking about lying about your Canadian spouse having accompanied you in your country, you are talking about fraud and that is a very bad idea for you if you get caught.
I think the best idea for you would be to take care of your divorce now and once you have your two years in Canada, renew your PR card, then go marry your girlfriend and sponsor her as your wife.
So you were outside Canada from 2009 to 2013 (4 years) and you were not accompanying your Canadian spouse?
This would mean that you do not meet the residency requirements. When you don't meet the residency requirements, you can neither renew your PR card nor sponsor a partner. You have to wait until you meet them again in 2015. Then you can apply to renew your PR card and see about sponsoring your new partner. However, as you will have been living apart since 2013 (unless she is in Canada with you now?) then you will not be considered common law. You can get divorced now and and in 2015, marry your girlfriend and sponsor her as your wife.
Any attempt to lie about your wife having accompanied you to your country in 2009 and that you would meet the residency requirements because of that would be considered fraud and would get you in serious trouble with immigration if you are caught.
