PR married to Canadian Citizen - RO not met

[FSW13_Hope]

I am a Canadian PR Since Nov 2014. Since then I have not lived in Canada but have visited a few times. I got married to a Canadian Citizen in Canada in July 2017 and moved to Canada in December 2017.
There is a chance that I will not meet my residency obligations of my PR at the end of 5 years since I became PR.

Few questions:
1. Do I have to let CIC know of my marital status? If so, how?
2. Should I apply based on my Husband’s citizenship right now or wait till my residency is evaluated?

This seems to be a rare case. Do no PRs get married to citizens? :-S

 

[Rob_TO]

I am a Canadian PR Since Nov 2014. Since then I have not lived in Canada but have visited a few times. I got married to a Canadian Citizen in Canada in July 2017 and moved to Canada in December 2017.
There is a chance that I will not meet my residency obligations of my PR at the end of 5 years since I became PR.

Few questions:
1. Do I have to let CIC know of my marital status? If so, how?

No, not until you actually apply to them for something (like a PR card renewal, PR Travel Document, etc)

2. Should I apply based on my Husband’s citizenship right now or wait till my residency is evaluated?

Apply for what??

Being married to a Canadian won't suddenly make your residency violation forgiven. Many PRs have had their PR status revoked even though they were married to Canadians. The only difference now is that time you spend with your spouse abroad, will count to your RO days as if you were in Canada.

If you end up violating the RO and have your PR status revoked, then your spouse can simply sponsor you again for PR from scratch.

 

[FSW13_Hope]

No, not until you actually apply to them for something (like a PR card renewal, PR Travel Document, etc)




Apply for what??

Being married to a Canadian won't suddenly make your residency violation forgiven. Many PRs have had their PR status revoked even though they were married to Canadians. The only difference now is that time you spend with your spouse abroad, will count to your RO days as if you were in Canada.

If you end up violating the RO and have your PR status revoked, then your spouse can simply sponsor you again for PR from scratch.

No, not until you actually apply to them for something (like a PR card renewal, PR Travel Document, etc)




Apply for what??

Being married to a Canadian won't suddenly make your residency violation forgiven. Many PRs have had their PR status revoked even though they were married to Canadians. The only difference now is that time you spend with your spouse abroad, will count to your RO days as if you were in Canada.

If you end up violating the RO and have your PR status revoked, then your spouse can simply sponsor you again for PR from scratch.

Thanks for your response. I meant apply for PR.

If my RO is not met, and my husband has to apply to my PR, can I stay in Canada during the time when I am in the phase where 1. my original PR is not valid because i did not meet RO 2. The 2nd PR application is still in process?

Also - will my PR application through my husband viewed negatively?

 

[Rob_TO]

Thanks for your response. I meant apply for PR.

If my RO is not met, and my husband has to apply to my PR, can I stay in Canada during the time when I am in the phase where 1. my original PR is not valid because i did not meet RO 2. The 2nd PR application is still in process?

Also - will my PR application through my husband viewed negatively?

You can't apply for a new PR under a family class app, until your current PR is completely revoked/terminated. Simply not meeting the RO doesn't mean your PR status is gone, it must be officially revoked by IRCC or you must voluntarily officially renounce it.

So you can only stay in Canada if you can get some other kind of status (visitor, worker, student) when your current PR status is terminated.