Reapplying for PR

[KiaG]

I obtained permanent residency in 2014, after being sponsored by my common-law partner. Unfortunately our relationship didn't last, and it was clear our relationship was definitely over. It all happened because I fell in love with someone else. i'm pretty certain I have condition 51, and my new partner and myself traveled to my home country to figure out what to do from there. It seems we are both weighing our options and can only come to the conclusion that Canada is the place to be. Now, with that being said I feel it's gonna be a rather complicated decision. Can I travel back to Canada on my current PR and then renounce it in the country, and if we are married (which will be the case) then apply Outland through London (and hopefully stay in the country while applying)

Will our case mean that CIC will consider it a complicated case knowing I didn't renounce immediately, and reapplied for spousal sponsorship? And am I allowed to be in Canada while processing an Outland application? And is it even possible to reapply once sponsored previously?

Hope some of you can help us!

 

[scylla]

You situation is unique - no one here is going to be able to provide concrete advice. The best we can do is guess.

Reentering Canada on your PR status could be problematic if there's any chance your former partner has filed a report with CIC stating you are no longer together (this is the sort of situation where you could end up with a one year ban - so tread carefully). It's probably also in your best interest to renounce your PR status sooner rather than later so that your new relationship looks as genuine as possible when your new partner sponsors you. I'm not sure that returning to Canada on your existing PR status and only renouncing it later sends the best message. CIC could interpret this as you taking advantage of a situation you're not actually entitled to (which could then cascade to them wondering if you are taking advantage of your current partner to gain status in Canada as well). I would personally renounce your PR status as soon as possible so that it looks like you are doing everything in good faith. But again, I'm just guessing.

And yes - you should assume yours will be a more complicated case because of your history and that CIC will look at your application more closely (i.e. expect longer processing times - possibly even an interview which if required, will be held in London).

Yes - you can be in Canada while an outland application is being processed. Yes - you can sponsor someone who was sponsored previously.

 

[KiaG]

Do you file a report with paperwork or can that be based over the phone too? Because I'm not sure if he would have. Staying on a conditional PR is definitely not something I'm feeling good about, and could jeopardize my future in Canada. My new partner and myself are getting married very soon, either because I'd need to sponsor him into my home country, or back to Canada.

If we apply for Outland how long are the processing times nowadays?
And is there a certain amount of time we'd need to be married for before we should apply?

My previous application took at least 11 months.

 

[scylla]

I believe a report can be initiated with CIC by simply sending an email. This doesn't mean that your PR status is immediately revoked - it just triggers the investigation. Having said that, I still think it would be in your best interest to renounce your PR status on your own and soon (and preferably avoid using it to re-enter Canada).

Your partner can sponsor you immediately after getting married.

As for how long it takes, search for the big thread in the Family Sponsorship section where your visa office is being discussed. This will give you the best sense of current processing times. I would tack on a few extra months for your case due to your immigration history.

 

[truesmile]

I disagree. I most certainly would return to Canada on your current PR card. Of course, you are taking advantage of the situation . . . (that's what Canadians do, it's nothing new).

It's not illegal, and you will still have Condition 51 on your next COPR also, whether you do or you don't.

 

[scylla]

I disagree. I most certainly would return to Canada on your current PR card. Of course, you are taking advantage of the situation . . . (that's what Canadians do, it's nothing new).

It's not illegal, and you will still have Condition 51 on your next COPR also, whether you do or you don't.

truesmile - I think you've misunderstood what I am staying. It's not about it being legal or illegal (although I agree it's perfectly legal). It's about how the OP's actions will be perceived by CIC when the new sponsorship application is received. What I am saying is that launching a new PR application so soon after the old one will likely cause the application to fall under increased scrutiny. The OP will want to minimize the possibility that CIC may think the second relationship is just a marriage of convenience for the purpose of gaining status in Canada. Using the old conditional PR status to enter Canada just to then marry another Canadian and then promptly submitting a new sponsorship application may be something that makes CIC quite concerned. From a visa officer's perspective - the optics aren't great.

 

[KiaG]

We are getting married in Europe this week. Would it be possible to order GCMS notes, or would that not matter in my case?

What is the procedure CIC follows to revoke a PR i.e. Conditional permanent residents?

 

[Ontariobat]

I am definitely no expert in this area but given the first relationship was genuine, isn't the PR status independent of the relationship? I don't know if it would carry weight in trying to get citizenship but I guess I don't understand why a second PR application would be sought after this person is already a PR.

 

[brucem]

I am definitely no expert in this area but given the first relationship was genuine, isn't the PR status independent of the relationship? I don't know if it would carry weight in trying to get citizenship but I guess I don't understand why a second PR application would be sought after this person is already a PR.

The OP mentioed she probably had condition 51 which states that the person must cohabit with their sponsor for two years after she receives her PR in Canada. Breaching this can result in her PR status being revoked. So no her PR status is linked to her relationship in this situation.

 

[Ontariobat]

The OP mentioed she probably had condition 51 which states that the person must cohabit with their sponsor for two years after she receives her PR in Canada. Breaching this can result in her PR status being revoked. So no her PR status is linked to her relationship in this situation.

Okay that makes sense. I don't know a whole lot about condition 51.

 

[truesmile]

We are getting married in Europe this week. Would it be possible to order GCMS notes, or would that not matter in my case?

What is the procedure CIC follows to revoke a PR i.e. Conditional permanent residents?

What are you looking for? I think it would not matter.

IF they come looking, they "may" revoke it. I'd make them work for it. You've got a PR card, and until it's revoked, you are allowed to use it.