TRV after getting PR visa stamped in passport ?

[BRAINY]

Hi

I got my FC1 PR visa stamped in my passport and it is going to be expired in April, 2015. Also I noted that there is condition 51 imposed in my COPR as well. Unfortunately I would not be able to have a "continuous" conjugal relationship with my wife after landing in Canada as I am preparing to getting into a 1-year internship program starting from June, 2015 in Sri Lanka; neither my wife would be able to accompany me for a longer duration as she is doing her PhD in Canada, who is a Canadian Citizen. Honestly I was not expecting to get my PR processed within a very short duration (4 months) from Colombo, Sri Lanka. Therefore :

1) Can I apply for TRV and land in Canada without using my PR visa to visit my wife for a short period. ?

2) Can I re-apply for PR at a later time ?

3) What are the chances of getting/refusing a TRV for me ? I've just finished my MBBS degree in Sri Lanka and therefore I don't have a job yet and have no tax files.

I really appreciate the valued members help please...

 

[canvis2006]

Re: TRV after getting PR visa stamped in passport

Go land as PR.

PR Card will arrive at Canadian address which someone can mail/courier back to u in SL.
Then you can return to Canada with PR Card whenever u finish ur stuff.

No need to waste further money on the visa process or re-applying

 

[BRAINY]

Re: TRV after getting PR visa stamped in passport

Go land as PR.

PR Card will arrive at Canadian address which someone can mail/courier back to u in SL.
Then you can return to Canada with PR Card whenever u finish ur stuff.

No need to waste further money on the visa process or re-applying

Thanks for the reply.

If I land and get PR Card, what will happen to my PR status if I would not be able to comply with COPR 51 condition as I HAVE to do this 1-year internship in SL starting from somewhere around June ?

 

[Kayaker]

Re: TRV after getting PR visa stamped in passport



You CAN re-apply for PR at a later time, that is not a problem.

I don't know if you can get a TRV - in the system they can see that you have been approved for PR, so it would seem very strange for them, to say the least...

The problem with canvis2006's idea is, since he cannot comply with Condition 51, he is likely to have his PR status revoked. Once it is revoked, will it be easy for him to apply again? Wouldn't there be some sort of red flag on him because he did not comply with condition 51?

If the OP needs to apply again for PR anyway, wouldn't it be better to NOT land, NOT become a PR at this time, and just reapply, rather than reapply after having his PR status taken away?

Since Condition 51 is fairly new, we don't know how strict CIC will be with it, or how serious the consequences are. We don't know if there will be a problem applying for PR again after having your PR status revoked.


So I guess it comes down to two choices - the risky choice, land as PR now and see what happens, or the safer choice, do not become PR now and apply again later.

 

[BRAINY]

You CAN re-apply for PR at a later time, that is not a problem.

I don't know if you can get a TRV - in the system they can see that you have been approved for PR, so it would seem very strange for them, to say the least...

The problem with canvis2006's idea is, since he cannot comply with Condition 51, he is likely to have his PR status revoked. Once it is revoked, will it be easy for him to apply again? Wouldn't there be some sort of red flag on him because he did not comply with condition 51?

If the OP needs to apply again for PR anyway, wouldn't it be better to NOT land, NOT become a PR at this time, and just reapply, rather than reapply after having his PR status taken away?

Since Condition 51 is fairly new, we don't know how strict CIC will be with it, or how serious the consequences are. We don't know if there will be a problem applying for PR again after having your PR status revoked.


So I guess it comes down to two choices - the risky choice, land as PR now and see what happens, or the safer choice, do not become PR now and apply again later.

I really appreciate your reply.

In that case, If it would become an issue for CIC (Applying for TRV while having PR visa), is there any procedure to inform the CIC to cancel this PR visa ?. By doing that I hope that it will prove my intent of returning to Sri Lanka after visiting my wife too, isn't it ? If I really want to stay in Canada I would have used the PR visa.

and the next question is, If I want to play the safe side and giving up PR visa, would it be a 'red flag' in the future for reapplying for PR ?

Thanks for your time

 

[canadianwoman]

Just use the PR visa. You two will still be married while you are away. There is no intention to end the relationship. Suppose one spouse was seriously injured and had to move into a nursing home. No branch of the Canadian government views that as meaning the marriage is over. CIC will most likely only look at the condition if one spouse complains the other deserted him or her.

 

[Kayaker]

Just use the PR visa. You two will still be married while you are away. There is no intention to end the relationship. Suppose one spouse was seriously injured and had to move into a nursing home. No branch of the Canadian government views that as meaning the marriage is over. CIC will most likely only look at the condition if one spouse complains the other deserted him or her.

Condition 51 was introduced to protect the sponsor, and while we all, being reasonable people, probably feel that everything is ok if the relationship is ok, the wording of Condition 51 says that the applicant must cohabit in a conjugal relationship with the sponsor. Since the word cohabit is there, technically, CIC is within its rights to revoke the PR status of anyone who is not cohabiting with their sponsor. CIC may not check up on where people are actually living in Canada, but if one person is outside of Canada alone, that is very easy to check - it will be in CBSA's databases, and CBSA will be aware that a PR holder has condition 51.

Since Condition 51 is new, we don't yet know how exactly it will be enforced. But we can assume that when the OP comes back to Canada after finishing his 1-year internship, he will show his passport and PR card, and the CBSA officer will see that he has Condition 51, and that he has been out of Canada for a year. When the CBSA officer asks "where was your spouse during this year?" what is the OP going to answer? If he says the truth, he is admitting that he violated condition 51. If he lies and says she was with him - well, I'm guessing that lying to a CBSA officer has some unpleasant consequences.

There are certain exceptions to Condition 51, such as abuse by the sponsor, or death of the sponsor. Those are extreme cases, cases where people do not have a choice. I'm guessing that, as you pointed out, one person was injured and had to stay long-term in a hospital or nursing home, that would be an exception to the rule as well, because it would be an accident. However, Condition 51 does not say you do not have to cohabit with your sponsor for work or study reasons. People have a choice in where they work or study, so I do not think CIC would consider it an act of God that should be excepted.

Of course, there is a small possibility that the CBSA officer will say nothing. But it's up to each person, if they want to take that risk or not.

To BRAINY:
Can you contact your Visa Office, where your application was processed? Probably the best thing to do is to inform them of your plans, and ask them what is the best way to visit your wife. (I wonder if it is possible to use your PR visa and COPR to go to Canada to see your wife, then return to Nepal and give up your PR status. Then you won't have to apply for a tourist visa... But only the Visa Office can tell you if you can, or if you need to apply for a tourist visa to see your wife.) I don't think there will be a red flag for reapplying for PR in the future. But of course you should ask the VO this too. Good luck!