My wife who is American mentioned that she was a previous PR. We had incorrectly assumed that she was no longer a PR and now they have issued a section 44 where the outcome as far as we can tell would be a removal order as she does not meet the residency requirements. We had intended to apply to for spousal sponshorship. Does anyone have any experience with this and is there a way to convert her status so she won't be deported? Would renouncing PR status and reapplying work?
Section 44 removal, convert to spousal sponshorship
- Thread starter Daffydavid
- Start date
I would contact your MP. It would be ludicrous for CIC to revoke her PR only to have to process a new spousal PR app which will be approved anyways.
Thanks, for the reply. I would have figured there would be some process to address this but there isn't as far as I can tell.
For PR without meeting residency obligation, eventual deportation is normal unless IAD appeal is filed and successful (chances are absolutely less). So fresh spousal sponsorship is the option either inland or outland. Outland is a better option.Daffydavid said:
Mapleson
Hero Member
- Apr 2, 2015
- 31
- Category........
- Visa Office......
- Havana
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 23-03-2015
- Doc's Request.
- 21-08-2015
- AOR Received.
- 24-04-2015
- File Transfer...
- 28-05-2015
- Med's Request
- Upfront
- Med's Done....
- 13-02-2015
- Interview........
- N/A
- Passport Req..
- 24-09-2015
- VISA ISSUED...
- 30-09-2015
- LANDED..........
- 18-10-2015
Are you absolutely sure she can't meet the residency obligation?
There are provisions for being outside of Canada while with your Canadian spouse.
There are provisions for being outside of Canada while with your Canadian spouse.
She doesn't meet the residency requirement so we are thinking that a departure order will be issued. The thing we are worried about now is getting back into Canada as we wonder if the the departure order will affect re-entry. Should she tell them she intends to stay for 6 months? Anyone have experience with this?
If she is told to leave Canada, she needs to leave ASAP. If she doesn't, the Departure Order will turn into a Deportation Order and she would be removed from Canada. She would not be allowed entry again without an ARC, Authorization to Return to Canada.Daffydavid said:
If she leaves while it is still a Departure Order, an ARC will not be required. She could seek entry as normal as a visitor, though with a Departure Order history, I would advise she not try to enter Canada until after the PR app has been submitted.