What happens after I get Common Law PR?

[Jamesdavid3]

What happens after I get Common Law PR?

So after I have landed and I get sent my PR card what are the next steps for me staying in Canada? I have been told by some Permanent Residences here that you have to keep renewing your PR Status every few years.....So does that mean we have to send off the entire application again as that's crazy....

Or is that simply it? When I have my PR card can I now come and go out of Canada at any time I want with or without my current Common Law Partner?

I've noticed there is a rule called "Immigration and Refugee Protection Regulations" which complicates things 100x.

I have been with my Common Law Partner since 2010 and have been living together since 2012.... What more possible proof do they need from me that I'm going to stay here and not just run off, its such a stupid system.

 

[rhcohen2014]

no, you don't have to keep applying to keep your PR status. You have to meet the residency requirements for keeping your PR status. This means, you must live with your spouse and be in canada for a certain amount of time. if you wish to live somewhere else, you must live there with your spouse to meet the residency requirments. Once you land in canada, you can work and live freely within canada as a resident. the PR card you get will be valid for 5 years. This doesn't mean your PR status will expire, just the card, so you will have to renew it when the time comes.

i'm sure a senior member will post the link to the residency rules. i also suspect this information is explained at landing.

 

[SchnookoLoly]

rhcohen's pretty much got it spot on.

There are requirements for you to KEEP your PR status. In order to keep PR status, you have to have 2 years of residency in a 5 year period from the time you land.

For example, say you land on 1 December 2014. That means that between 1 December 2014 and 30 November 2019 (5 years) you have to have 730 days (~2 years) either:
a) physically present in Canada
b) abroad with your Canadian spouse (in this case, your Canadian common-law partner)

So if you both decided to go live in the UK for a year, you'd still be able to count that time towards your Canadian PR residency requirement because you are living with your Canadian spouse. If, however, you went back to the UK for a year on your own, that time would NOT count. If your Canadian spouse went to the UK on her own and you stayed in Canada, that time WOULD count because you are physically present in Canada.

So just before your PR card expires, you'll apply to renew it - same as you would with your drivers' license, passport, etc. When you apply to renew your PR card you'l have to show proof that you meet the residency requirement - 2 years in Canada in the past 5. It sounds like that should be pretty easy for you - a lease, letter from employer, and some bank statements should be enough.

http://www.cic.gc.ca/english/newcomers/about-pr.asp

 

[Jamesdavid3]

Ok thanks for the information.

I am also looking at worse case Scenarios here as I have a friend which who will also be in the same situation however himself and his common-law partner are going through a very bad time and they are looking at going their separate ways when they only have received PR only 2 Months ago, after all this it put too much of a strain on them and drove them apart. (another reason why the CIC should cut down on processing times as she was supporting him for over a year...)

He's technically already got his PR card and can stay here now...however once they both move out and they both end the relationship does that mean he has to LEAVE the country as they will no longer be Common-Law.... He said he wants to stay here and find another way to apply? I know there is not a way the Government can really track him as they will they are still together...

Can he still currently stay in Canada and apply via CEC or another route for PR??
Can he get Married or Enter in another relationship to someone else since he now has a PR card?? Does the PR card have some kind of binding to his partner?

What are his Options.

 

[scylla]

It depends when your friend applied for PR. Chances are he has conditional PR and keeping his PR status is dependent on remaining with his partner for 2 years after getting PR. So really impossible to say without knowing when his application was submitted.

 

[Ponga]

no, you don't have to keep applying to keep your PR status. You have to meet the residency requirements for keeping your PR status. This means, you must live with your spouse and be in canada for a certain amount of time. This is only applicable if the OP actually receives the conditional PR (condition 51, which we know he should, based on his prior posts). if you wish to live somewhere else, you must live there with your spouse to meet the residency requirments. Once you land in canada, you can work and live freely within canada as a resident. the PR card you get will be valid for 5 years. This doesn't mean your PR status will expire, just the card, so you will have to renew it when the time comes.

i'm sure a senior member will post the link to the residency rules. i also suspect this information is explained at landing.

The OP needs to spend at least 730 days out of every 5 years living in Canada to meet the residency requirements.
Maintaining the PR is a completely different animal. The OP must not do anything that would deem him to be inadmissible to Canada (such as a DUI) as that could lead to his removal. Basically, unless a PR continues down the path to obtaining Canadian Citizenship, they must be aware that they have to `behave' to keep their PR status.

 

[Rob_TO]

What are his Options.

If they separate, the Canadian partner should report the separation to CIC. Assuming his PR is under Condition 51 "conditional" PR, his PR status requires cohabitation for 2 years after getting PR with sponsor. So separating from sponsor would break condition 51, and CIC could then revoke his PR status.
Its in the sponsor's best interest to report the break-up, since they are liable for any social assistance the PR could receive. Else, if they start doing taxes separately then CIC may just find out they have broken up and don't live together anymore.

Once PR is revoked, he will have no special status in Canada and will have to get proper visitor/student/work status if he wants to stay. If he qualifies for PR some other way, he can certainly try to apply.

 

[Ponga]

Does the PR card have some kind of binding to his partner?

What are his Options.

You already know the answer to this question. YES, his PR is linked to his common-law partner!

Since `your friend' and his sponsor/partner have now broken up, he is technically no longer eligible to keep his PR...and I hope like hell that CIC/CBSA finds out about it!

Blaming the processing times on the break-up is crap. It sounds like the relationship was iffy, at best, from the start.

 

[Ponga]

Ok thanks for the information.

I am also looking at worse case Scenarios here as I have a friend which who will also be in the same situation however himself and his common-law partner are going through a very bad time and they are looking at going their separate ways when they only have received PR only 2 Months ago, after all this it put too much of a strain on them and drove them apart. (another reason why the CIC should cut down on processing times as she was supporting him for over a year...)

He's technically already got his PR card and can stay here now...however once they both move out and they both end the relationship does that mean he has to LEAVE the country as they will no longer be Common-Law.... He said he wants to stay here and find another way to apply? I know there is not a way the Government can really track him as they will they are still together...

Can he still currently stay in Canada and apply via CEC or another route for PR??
Can he get Married or Enter in another relationship to someone else since he now has a PR card?? Does the PR card have some kind of binding to his partner?

What are his Options.

Are you sure about that?

Again, you've learned from the replies to this same question, in your other threads, that CIC does in fact make surprise visits to make sure couples are still together, if the PR has condition 51. Granted, they can't possibly find every person that's deceived them, but don't be so sure that your `friend' is going to be one of the lucky ones.

 

[Jamesdavid3]

So they are going to break up and go there separate ways however they are friends still, Its not like she's going to call up the CIC and then re-port him, come on really!!......

He just needs to find out another way of staying here now, as I am guessing he has 2 years so within these 2 years can he apply for CEC as he has a specialist job on the NOC list...???

 

[Rob_TO]

So they are going to break up and go there separate ways however they are friends still, Its not like she's going to call up the CIC and then re-port him, come on really!!......

He just needs to find out another way of staying here now, as I am guessing he has 2 years so within these 2 years can he apply for CEC as he has a specialist job on the NOC list...???

He can't apply for any new PR, unless his current PR is actually revoked.

If he's under condition 51 then by not reporting the break-up, they are committing immigration fraud. Not sure if there are consequences for the Canadian sponsor if CIC finds out later.

Also as I said, once they start doing taxes separately I wouldn't be surprised if CIC finds out about the breakup and that they're no longer cohabiting.

 

[Ponga]

So they are going to break up and go there separate ways however they are friends still, Its not like she's going to call up the CIC and then re-port him, come on really!!......

He just needs to find out another way of staying here now, as I am guessing he has 2 years so within these 2 years can he apply for CEC as he has a specialist job on the NOC list...???

She's not very smart, since she will be financially responsible for him for 3 years.

But, perhaps your `friend' has convinced her that he's a great guy and that she doesn't need to worry about that, because he would NEVER do anything like that to her.

Right!

 

[amira_mais]

He just needs to find out another way of staying here now, as I am guessing he has 2 years so within these 2 years can he apply for CEC as he has a specialist job on the NOC list...???

No, he can't apply through CEC if he gains Canadian work experience after becoming a PR. CEC is intended for foreign workers who have obtained Canadian work experience.

 

[Jamesdavid3]

She's not very smart, since she will be financially responsible for him for 3 years.

But, perhaps your `friend' has convinced her that he's a great guy and that she doesn't need to worry about that, because he would NEVER do anything like that to her.

Right!

Trust me, there is no threatening or anything during this whole thing and they are friends. If it was a Mutual breakup your not exactly going to expect the girlfriend to call up the CIC and deport you? uhh I dont think so..

He is worried as he doesn't want to get sent home.

 

[Jamesdavid3]

I found out that they have been together for more than 2 years before applying or when they're application was still in progress..... So would they be able to get around this rule?

https://ccrweb.ca/en/conditional-permanent-residence

"The change applies to spouses and partners who have been in a relationship with their sponsor for two years or less, and have no children with their sponsor at the time of the sponsorship application."