PR card renewal - living with canadian citizen outside Canada

[ikovach]

Hi everybody, my case is little bit strange so please give me your opinion. I want to renew my PR card, I have 1 year in Canada + 1.5 outside Canada(accompanying canadian citizen - my common law partner - this time they also count as being in Canada). BUT if at the moment I am separated with my ex canadian common law partner - do they count it as well? Is there any difference? Thank you in advance!
And one more question can I sponsor my spouse and my child without renewing my expired PR card?

 

[PMM]

Hi

Hi everybody, my case is little bit strange so please give me your opinion. I want to renew my PR card, I have 1 year in Canada + 1.5 outside Canada(accompanying canadian citizen - my common law partner - this time they also count as being in Canada). BUT if at the moment I am separated with my ex canadian common law partner - do they count it as well? Is there any difference? Thank you in advance!
And one more question can I sponsor my spouse and my child without renewing my expired PR card?

Nope, they don't count it, if you are separated you are no longer accompanying.

 

[ikovach]

But why? According to the immigration law it should be ok, there is no "if now you are separated we don't count it" ......

 

[barabashka_]

Dear PMM, are you sure?

It can create very strange situations...Let's say a Canadian PR is abroad because his/her Canadian citizen partner got a job there...And let's say they are abroad for the last 5 years. One day a Canadian citizen comes home and informs the partner that they are not together anymore as he/she fell in love with someone else.
At that very moment Candian PR loses his/her PR status because now these 5 years together are not counted toward Canadian residency?

In even a more sad scenario one day there is an accident that kills this Canadian citizen...at that very moment Canadian PR loses his/her ability to come back to Canada?

Isn't it a bit strange?

 

[Leon]

I think they would count it until the date you separate.

As for the original question, can you sponsor a spouse and child with an expired PR card, then yes, you can if you are in Canada. A PR must be in Canada in order to sponsor people.

 

[steaky]

Dear PMM, are you sure?

But how do you suppose to prove that you have been with your Canadian spouse if you have legally separated with that person?

 

[Leon]

But how do you suppose to prove that you have been with your Canadian spouse if you have legally separated with that person?

If you have any type of legal separation agreement, you can prove that date or it might be mentioned in your divorce papers and at last you might get a statement regarding that from your ex if you are still on speaking terms

 

[Yourname]

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!

 

[Leon]

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.

 

[Yourname]

Leon,

This is funny and sad at the same time - but I did NOT see your reply all this time!
I just returned to say I'm about to begin the renewal process and that's when I saw this! I am so so sorry for not seeing and replying to this last year.

Anyway, I am back here now because of a small dilemma. Lawyer fees will go upto $1200 for the PR renewal and I'm trying to see if it's even needed. I looked at the form.

Here are the questions, in screenshots. I understand that nobody here who replies is a lawyer or a CRA professional and I shouldn't quote anyone - but in your experience, what do you think I should put here?

 

[Leon]

It's very clear it says the past 5 years for all of them so if you are applying in Oct. 2015, you put since Oct. 2010. For your job history, just write the truth.

 

[ms7doc]

Hi guys, thank you for answering our questions. I am facing a unique dilemma.

I moved to Canada in 2010. Since 2013 I have been in the US with my Spouse, who is a Canadian citizen, for graduate medical training. My card expired in July 2015. I have met the requirement for renewal of my PR card and would be able to return to Canada with a Travel document at the end of my training in 2016. However I require an extra year of training in the US to be board certified in Canada, and to apply for that extra year, I require a valid PR card. I am not sure how to go about this renewal. Please advise

 

[Leon]

You could go to Canada for a short trip and send in your application for a new PR card. A PR card application must originate in Canada but it is not a strict requirement that you yourself are residing in Canada. You do have to give a secure mailing address in Canada for them to communicate with you but be clear that you are not living at this address. Once the PR card is ready, they will likely inform you to pick it up in Canada so you would have to make another trip for that.

 

[ms7doc]

Thank you Leon. I can't travel to Canada because of my work obligations. Does the application need to be signed in Canada? Would writing a letter explaining my situation help? Also, in the travel section what period of dates would I list - today's date or the date corresponding to 5 years since I became a PR (June 2010 to June 2015)?

 

[Leon]

Thank you Leon. I can't travel to Canada because of my work obligations. Does the application need to be signed in Canada? Would writing a letter explaining my situation help? Also, in the travel section what period of dates would I list - today's date or the date corresponding to 5 years since I became a PR (June 2010 to June 2015)?

The application must originate within Canada. Some have circumvented having to go, by mailing the application to relatives in Canada who then mail it to immigration for them. However, once they know you are living outside Canada, they will certainly require you to pick it up in person. No leeway for your special situation or anybody elses so those are your options, either you apply now knowing you will have to go to Canada to pick it up or you get a travel document only when you are ready to move back and then apply to renew once you are back which means you will not have a valid PR card to apply for your extra year training in advance. Right now, the processing time for a PR card is 137 days (see http://www.cic.gc.ca/english/information/times/perm-card.asp )

After the PR card is ready, you have 6 months to pick it up before they destroy it and make you apply again so you could apply a few months before you are ready to move knowing it will still be available for pick up by the time you re-enter.