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Reapply or wait for expiry of PR

M

mskns2011

Newbie
Oct 5, 2010
6
0
:) Hi, Greetings..How are you ? I need some guidance please..Mine is a long story but to cut it short..

My spouse and I applied under the Family Class, my husband decided it was best if he settles down first in Canada and then calls me and kids later. This sounded reasonable at that time.

He did come back after 3 months or so and took us to Toronto..Unfortunately myself and kids became sick on board and he insensitively put us on the next flight back within 24 hrs. Needless to say he did not bother to consult a doctor. I was too ill to resist or persist.

All the landing papers and PR cards of myself and two kids were in his possession....he kept promising he will send the tickets as soon as he is financially well off to support us....this financial excuse went on for 3 years.

During this time my kids were too young and it was difficult to be financially independent.....my husband did send money regularly for 3 years ($500 approx.) every month.....but once he was sure that only 2 years left for our PR card (to complete minimum residential obligation),......he promptly stopped sending any funds form Toronto. Not only that he sent me a legal notice asking for Divorce...

I took up a job in my hometown in India. It was financially just not possible to reach Canada with Travel Documents.

He abandoned us totally and now lives comfortably in Toronto. I have to attend the court for the Divorce proceedings and he does not support me and kids with any alimony whatsoever.

My PR expires in NOV 2010....Can I reapply under the Humanitarian Cause....My brother lives in USA and he contacted some immigration lawyer....but no help as yet.....My brother is not yet a Green Card holder...for USA. He is on student visa.

Will it help if he applies for Individual PR (my sister in law a Green Card holder)...Can I then get the PR status back thru blood relations ? Or should just reapply on my own before PR expires in NOV 2010

What do you suggest ? Please guide.... :)Thanks a million for reading patiently... :)
 
I would make sure you at least get Alimony, what your Husband has done is disgusting!! To abandon his wife is one thing but his children too! Did you Land and received Landed Immigrant Status as a Permanent Resident of Canada? I am pretty sure your husband has NO business withholding your PR Card and Landing documents! They are the property of CIC not your Husband and ONLY CIC can take PR away from you! I would contact CIC and explain to them what has happened with your PR and get yourself a lawyer..

I am not sure about USA Immigration if its anything like Canadian your brother would have to apply for PR and add you as a family member..then sponsor you later..
 
Thank you so much for your support and kind words. :)..

I am trying to get some reasonable alimony....As regards the Landing papers and PR, I have tried my best to convince him in all possible ways to get them back...all he said was I could come to Canada and reapply to get a new one....ofcourse he knew very well, that getting Travel Documents and flight tickets cost a lot, plus some surplus funds are necessary to support oneself while one searches for jobs....

Is there any way, I could get atleast the Landing Papers and also reapply on Humanitarian grounds..?

Also what documents do I need to support my predicament?

Is there any hope for me and kids?

I thank you for all the guidance given...I really appreciate the time spent to go through my mail... God bless you
 
I only have a scan copy of the PR card, my passport which shows leaving Canada within 24 hrs and no other proof whatsoever...


What can be done now?

best regards and thanks
 
Was this an Application in which your Husband applied for PR under Skilled Workers with you and your children accompanying him? Does your Passport have a Visa Stamped in it for a 1 time entry into Canada to "Land"? And I am assuming your PR card has your name on it?

I would like to help you if I can..What your Husband did is not right..
 
We applied under the Family Class with him being the Principal applicant to be accompanied by family. We all got our own PR cards.

Also I got a one time Visa for entry into Canada and have Valid PR Card with my name and photo on it. The date shows Exp Nov 2010.

I have a scan copy of the photocopy and not the scan of the original...However clear copy of the PR card.

The Passport shows entries too. Thanks for your time and help.. :)
 
Unfortunately without the PR card, you will need a travel document to return to Canada. When you apply for this, they will determine that you have not complied with your residency obligation and have lost your PR status.

Your best chance is probably to request H&C consideration when you apply for the travel document from the Canadian embassy. Include as much proof as possible that you have wanted to return to Canada, but that your husband has been preventing you.

If they refuse your travel document (which is quite likely) you can appeal.

I don't think your chances are good, unfortunately.
 
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