To Renounce or not to Renounce...?

[Firecat]

That is the question.

Hi all, new to the forums. Was hoping to get some expert advice (without having to pay for it lol).

My wife became a PR in 2002 when she immigrated with her parent from South Africa. While still a minor they left in 2004. Her PR card expired in 2009.

Fast forward, she stayed in South Africa, finished school and got her masters degree.

I am a Canadian Citizen by birth and presently an American citizen. I met my now wife in South Africa in 2013. We were married in South Africa that year through a religious ceremony. We had a civil marriage in the United States in April 2015.

I applied for her US permanent residence and she has been with me in the states over the last 12 months. She has a green card now.

We wanted to visit Canada for a concert in the next couple of weeks. Pursuant to new regulations we applied for her eTA. We received a reply saying she is a permanent resident and can not apply to visit unless she renounces her PR or applies for a travel permit and withdraws her eTA.

My issue is this. Right now we want to just visit Canada for the concert and also to make inquiries into returning there permanently in the future.

Initially I was planning on sponsoring her because I thought that since her PR was expired and she hasn't been in Canada that is what would be required.

Then I read that being married or common law partners with a Canadian citizen counts as residency, but that would have been her only source of residency.

What should she do? Renounce and apply and visit and then have me sponsor? Or apply for permit on the basis of us being married and then at some stage on the same basis apply for her PR renewal. The religious ceremony date from South Africa is what would give her enough days. Not the civil marriage.


Thanks all!

 

[Leon]

You can apply for a PR travel document for her based on her having accompanied a Canadian citizen partner (married or common law, doesn't matter) for at least 730 days in the past 5 years. Getting the travel document, you can both go to Canada for a visit.

She could try to renew her PR card. If you have friends or family in Canada that will lend you a secure mailing address, you can do that. She applies to renew but makes sure she states that she does not live in Canada and that the address she gives in Canada is a secure mailing address where she can be reached. She will need another travel document in a few months to go pick up her card because they will almost certainly require that she show up in person to pick it up since she does not live at the Canadian address.