How to apply, processing time, if you're outside of Canada...
Surrender PR and apply as a Visitor?
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Trix Posts: 1
Posted On: 6/4/2009
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Hi,
I hope you can advise me on behalf of my niece. She was/is a PR card holder but travelled to India and subsequently had a child over there.
In July 2008, when the baby was 3 month's old, she applied for a visitor's visa for the child so that she could come and visit her family over here in Toronto and also renew her PR status which was due to expire.
The baby's visa was rejected and she was told that she had to make the trip alone, without her baby, and apply from within. Needless to say, she did not do that, the baby was too young to leave behind and fully dependent on the mother.
In Sept. 2008 my niece's PR card expired. In Oct. 2008, she applied for a Visitor's visa for herself, her baby and her husband. This time all three visas were rejected.
Now, she does not know what to do.
Should she surrender her PR status and then apply for a visit visa for herself and family?
What would be the best course of action for her to take?
Is there a number I could call on her behalf and find out details about this situation?
Nevertheless, your opinion on this issue would be highly appreciated.
Thank you.
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shreyshah Posts: 1
Posted On: 9/15/2015
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Hi,
I had problems in my marriage life before i came to canada, and my wife complained in canadian high commission in london (we put skilled worker file from dubai so it forwarded from london) and asked them weather she can come alone to canada with two kids?
They replied her that she cannot come without principle applicant.
And they also asked me that i also cannot go alone without my family to canada else i will be sent back from airport.
When they asked clarification about our relationship, i told truth that we do not have good relationship as she is under influence of her parents.
So they cancelled our immigration, but after that my wife emailed them that she is taking back her complaint and she will stay happily with me in canada.
They again approved our immigration.
My wife dumbed me she wrote apology in stamp paper and took all the charges back which she put on me in india. And promised me to stay happily with me in canada. But once we came here she with the help of her uncles friend who is in crime branch of toronto police she thrown me out of house and put case on me for spousal & child support.
Now my question is........
She is in canada since nov.2013 so she completed 1 yr and 10 months in canada and i was in canada for 6 month only.
Now i just came canada, if i surrender my pr status, she and kids will have to lose their pr status??
Or now they are safe?? She is on social assistance since 16 months.
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Moderator Moderator Posts: 4075
Posted On: 9/22/2015
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Hello,
Thank you for sharing your situation and question with us.
If you are wondering if the conditional permanent resident status applies to your wife, it only applies to partners if their spousal sponsorship application was submitted on or after October 25, 2012 AND:
*they were in a relationship for 2 years or less when they applied; and
*they did not have any children together when they applied.
Here is some additional information regarding losing your permanent residence from the CIC Website,
Losing your permanent resident status
Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
An adjudicator determines that you are no longer a permanent resident following an inquiry
A visa officer determines you do not meet the required residency when you apply for a permanent resident travel document or temporary resident travel document.
You may lose your permanent resident status in one of the ways described above if:
*you do not live in Canada for two out of five years;
*you are convicted of a serious crime and told to leave Canada; or
*you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.
If you were wondering about deportation, if you are a permanent resident and are convicted of a crime you could lose your permanent resident status, be deported and might not be able to come back to Canada.
If you have any additional questions regarding your situation you may want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some additional information.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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