weird situation

[krtl]

hi there. i have an issue that i need some help with.İ got married with a canadian citizen in turkey 2012 january and i became an immigrant in 2013 by arrivng canada at 26 june.but when i came to canada she was changed and she said doesn’t want to be married anymore and wanted to brake up. so we broke up and i came back to turkey in july .İ stayed 1 month in Canada.We are still married on paper in turkey .What i’m wondering is can i still come back to canada as a pr ? She didn’t send my pr card and kept it or something i don’t know what happened.İ know that i can apply for travel document for pr and come there with it but i don’t know if i’m still an immigrant and am i able to come there ?İ'm asking that because there was a law says should live together with spouse for continuous of 2 years period. thank you for your time

 

[CutiePie92]

this conditional PR is only effective for applications sent in since November 2012.. sounds like you sent your app earlier so you don't need to live 2 years with your spouse to still have PR. technically you're still a PR. i don't think it's her right to keep your PR card though, why did you let her do that?
but if i'm not mistaking, you need to stay in Canada for a certain amount of time (out of 5 years) to keep your PR status, so you should get back. i`m not sure how, without your PR card.

you should wait for more 'veteran' users around here to answer you, i wonder what's the solution too.

 

[krtl]

thanks for answer my friend but that law applies me because i signed my copr for it in airport. it says also on my copr (confirmation of permanent resident) so i don't know what happens if it applies to me because i guess it does unfortunately .İ had to leave early before my pr card arrive so thats why she kept it but she could send me .So its not right for her to do that but apparently she doesn't want me to be in canada for some reason

 

[CutiePie92]

from my knowledge COPR does not mean 'confirmation of permanent residence'.. it means it's a CONDITIONAL PR. so you need to remember when have you sent your application to Mississauga, Ontario? if it's BEFORE november 2012, then the conditional PR (living with your spouse for 2 years) doesn't apply to you.

 

[CutiePie92]

sorry, it's 25 october 2012. read more about it here:

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

 

[zardoz]

from my knowledge COPR does not mean 'confirmation of permanent residence'.. it means it's a CONDITIONAL PR. so you need to remember when have you sent your application to Mississauga, Ontario? if it's BEFORE november 2012, then the conditional PR (living with your spouse for 2 years) doesn't apply to you.

I'm sorry but this is incorrect.

COPR *does* mean Confirmation of Permanent Residence. The "conditional PR" is indicated on the COPR by "Condition 51". If that is not present, the condition does not apply. The OP should check his copy to see if is on there.

 

[krtl]

i have my COPR with me and they got me signed for it says 51. must cohabit in a conjugal relationship with your sponsor for continuous period of 2 years after the day on which became pr and i signed the paper in calgary airport. :/ they got my application in october but dont really remember what they must be after 25 tho thats why they got me sign it like that.

 

[CutiePie92]

if it's after 25th of october then it's clear that condition no. 51 applies to you..
i'm so sorry for the confusion! i'm not such an expert with these stuff, still in the learning process

@zardoz thank you for clearing it up.

 

[zardoz]

There is no getting away from the fact that you are now in a very vulnerable position. You can try to enter Canada before your wife reports that the relationship is over. Maybe she will not inform CIC or CBSA, but if she does, it's possible that you will lose your PR status.
Are you visa-exempt to Canada? If not, and you have to apply for a PR Travel Document, things might be more difficult. You should make a formal request to your wife for the PR card. You never know, she might send it to you.

 

[zardoz]

if it's after 25th of october then it's clear that condition no. 51 applies to you..
i'm so sorry for the confusion! i'm not such an expert with these stuff, still in the learning process

@ zardoz thank you for clearing it up.

No problem. However, it's worth noting that even after the start of conditional PR, it is only applied in certain circumstances. Specifically, short relationships with no joint children.

 

[krtl]

well we have marriage for 2 years and still married in turkey on paper but i don't know if she applied to tax department or immigration services.but i saw in the law it tells about something abusive and neglect.She left me for somebody else so maybe i can use it as she cheated on me and use that neglect part for keep my permanent resident status because it wasn't a fraud marriage and i wanted to keep my marriage so maybe thats how i can keep it.İ have been in turkey for 6 months or so and will be here more 6 at least so i can only apply for travel document but i'm not sure if i can get it.The only thing i know she doesn't want me to be in canada

 

[Betina]

There is no getting away from the fact that you are now in a very vulnerable position. You can try to enter Canada before your wife reports that the relationship is over. Maybe she will not inform CIC or CBSA, but if she does, it's possible that you will lose your PR status.
Are you visa-exempt to Canada? If not, and you have to apply for a PR Travel Document, things might be more difficult. You should make a formal request to your wife for the PR card. You never know, she might send it to you.

Turkey is not visa exempt.

I also think krtl should ask his wife for his PR card. I don't think she can keep it since it's not her document. Her reporting to CIC that the marriage is over and his PR should be revoked is one thing, but not handing over documents that don't belong to her - that might be punishable by the law.

krtl - If she indeed cheated on you and that's why she ended the relationship - I think you could have used that in your favor at that time. I don't know how much it will count now that 6 months have passed, especially with you wanting to stay another 6 months in Turkey. You should consult with a canadian immigration lawyer.

 

[krtl]

well she did not actually cheated on me but like left me for somebody else also may considered like cheating because relationship didn't end in natural ways and in that time i was trying to change her mind and save our marriage but i couldn't thats why im here for 6 month and didn't do anything.İ still have all the e mails we have been sending each other to prove that brake up wasn't my idea so i should be able to keep my pr status because it was a fraud marriage it was real love marriage started 2012 and still on in turkey by law.İ don't even know if she got my PR card .She wont talk to me.İf they would cancel my immigration i think i would get some kind of notice or something right ? İ will apply for travel document in a month and see whats going on.

 

[Rob_TO]

If you do come back to Canada with a travel document, then you need to be prepared for the realistic scenario that anytime up to 2 years from when you landed, you could lose your PR status and have to move back to Turkey.

The "conditional" law is very simple - you need to live with your sponsor for 2 years. Any reason other than abuse (where you actually filed a police report against your spouse) will most likely not be relevant.

However, your spouse will actually need to make the effort to report the marriage breakdown to CIC, and that you are no longer living together. If she doesn't do this, then there's a good chance you will not lose PR status. CIC could also determine you are not living together in other ways (like if CRA tells them you aren't filing taxes together, or if an actual divorce if filed), but this is not guaranteed.

So by all means try to return, but don't get comfy or too settled into Canadian life until you get full PR status and remove the "conditional" part. Also make sure not to go on any social assistance, or that will just escalate your situation.

 

[krtl]

We got married in turkey so we still didn't get divorce.İ guess she was e mailing stuff to tax department to let them know we not paying taxes together anymore and shes not my sponsor (for not pay more than normal anymore which is bad i see) What im trying to do now is if i can land there again somehow with travel document before i lose my pr status i can find a job and stay there with worker visa ( i guess) but i dont make my plans for canada anyway.İ will just give it a try.İ dont know what should i say after i apply if they ask me why i came back before my pr card arrive or why im here for 6 months bla bla.