Due to I have complicated divorce issues with ex, I can't go back to Canada. I'm already out of Canada for over 3 years. I'm working with a lawyer to settle issues. My PR card will expire on Jan.2015. Even if I want to go back, things won't be settle by then unfortunately. What do I need to go back after PRO don't met and PR card will be expired?
PRO is out and PR Card will expire.
- Thread starter mombee
- Start date
Why do you have to be present in the relevant country for the divorce process especially as you have legal representation instead of being in Canada maintaining your RO? If you get reported this would be the angle the CIC lawyer would take at your appeal..it will be a quick wrap up in CIC's favor but then it depends on your answer to the initial query.
I will explain my situation:
I went to my home country with kids to visit my family as usual 2,3 times a year with my ex's signed letter. We were separated before, but he agreed to go back because of kids and I needed a support from my family. While we were out of Canada, he made a court order as I'm a kidnapper. Since then, it still don't resolve issues even both we have lawyers. the negotiation come close to chage the order, but I'm not sure it will done by/before my PR card will expire.(RO is out. I'm out of Canada over 3 years). I would like to find out what will happen after RO is out and PR card expired. Can't I go back to Canada? What will be status?
I went to my home country with kids to visit my family as usual 2,3 times a year with my ex's signed letter. We were separated before, but he agreed to go back because of kids and I needed a support from my family. While we were out of Canada, he made a court order as I'm a kidnapper. Since then, it still don't resolve issues even both we have lawyers. the negotiation come close to chage the order, but I'm not sure it will done by/before my PR card will expire.(RO is out. I'm out of Canada over 3 years). I would like to find out what will happen after RO is out and PR card expired. Can't I go back to Canada? What will be status?
If your card expires, you will need to either apply for a PR Travel Document (which will cause your compliance with the residency obligation requirements to be examined) or you will need to cross the USA/Canada land border and take your chance with the CBSA. If you succeed in returning to Canada, you must stay for sufficient days to bring yourself back into compliance and then apply for renewal.mombee said:
To clarify is your spouse in Canada? Is this a Canadian court order? Or is this a court order in your country. CIC/IAD/FC will accept legal proceedings as a H&C grounds but it depends on what the issue is and how it directly impacts on the RO. You would be best to seek legal advice on this especially if there is a risk of charges which can raise inadmissibility issues.mombee said:
Once your issues are resolved, you should apply for a PR travel document at the Canadian embassy explaining the legal situation that prevented you from returning to Canada. If they accept your reasons, you will get it and you can return. If they do not accept your reasons, you will officially lose your PR and that's that.
Thank you, Msafiri & Leon for your comments & advice.
I'm sorry to response.
Posted by: Msafiri
To clarify is your spouse in Canada? Yes.
Is this a Canadian court order? Yes.
Or is this a court order in your country.
CIC/IAD/FC will accept legal proceedings as a H&C grounds but it depends on what the issue is and how it directly impacts on the RO.
I will look into H&C grounds.( I didn't know it.)
You would be best to seek legal advice on this especially if there is a risk of charges which can raise inadmissibility issues.
Where/who should I ask for advise? Lawyer ?
Posted by: Leon
Once your issues are resolved, you should apply for a PR travel document at the Canadian embassy explaining the legal situation that prevented you from returning to Canada. If they accept your reasons, you will get it and you can return. If they do not accept your reasons, you will officially lose your PR and that's that.
Thank you again for your advise. I've tried to resolve issues through a lawyer. I will try your advise when its resolve.
If they don't accept my reasons and I will lose my PR, what can I do for staying Canada for/with kids? Kids are Canadian/Japanese citizen. Can I stay in Canada for 6 months as a visitor visa/every time? I would like to prepare for anything will happen. I would be appreciated your reply.
I'm sorry to response.
Posted by: Msafiri
To clarify is your spouse in Canada? Yes.
Is this a Canadian court order? Yes.
Or is this a court order in your country.
CIC/IAD/FC will accept legal proceedings as a H&C grounds but it depends on what the issue is and how it directly impacts on the RO.
I will look into H&C grounds.( I didn't know it.)
You would be best to seek legal advice on this especially if there is a risk of charges which can raise inadmissibility issues.
Where/who should I ask for advise? Lawyer ?
Posted by: Leon
Once your issues are resolved, you should apply for a PR travel document at the Canadian embassy explaining the legal situation that prevented you from returning to Canada. If they accept your reasons, you will get it and you can return. If they do not accept your reasons, you will officially lose your PR and that's that.
Thank you again for your advise. I've tried to resolve issues through a lawyer. I will try your advise when its resolve.
If they don't accept my reasons and I will lose my PR, what can I do for staying Canada for/with kids? Kids are Canadian/Japanese citizen. Can I stay in Canada for 6 months as a visitor visa/every time? I would like to prepare for anything will happen. I would be appreciated your reply.
If you lose your PR and you are visa exempt, you can come visit, no problem but if you are not visa exempt, you would need to apply for a visit visa.mombee said:
As a visitor, you may stay for up to 6 months at a time. You would not be allowed to work or study during that time and you would not have access to health care.
expired PR card
My permanent Resident card is expired and i"m traveling to buffallo new york to do some shopping for my kids will it be a problem for me to enter back into canada?
My permanent Resident card is expired and i"m traveling to buffallo new york to do some shopping for my kids will it be a problem for me to enter back into canada?
Re: expired PR card
Depends...do you have your landing documents, how are you travelling to NY - own vehicle/greyhound etc, do you hold a visitor visa exempt passport to Canada, do you meet the RO? If travelling with the kids same queries as to landing docs, passport type, meeting the RO and do you have consent in writing of the other parent for their travel as CBSA really look into this. Oh yeah check CBSA site to clarify your customs allowance...if you end up paying taxes it may not be worth the US discounts!kayfluffydiva said: