Sponsoring my same sex partner 

Moderator

Moderator

Posts: 4142

1. I would sponsor him as a common law partner to obtain Permanent Residency (PR) status.
2. Obtaining PR status takes approximately one year from application
3. Once he is PR, he can work in Canada.
4. He doesn't have to move to Canada straight away once he is PR but has to have lived there for at least 2 years in a 5 year period, otherwise it will expire.
5. Once he has lived in Canada for 4 out of 6 years he can apply to be a Canadian citizen.

Also, if the PR status has expired (because either points 4 or 5 above have not been satisfied) is it possible to reapply for PR status? Is the process any different the second time round or would it be like starting from scratch?

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; or
• a visa officer determines you do not meet the required residency when you apply for apermanent 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.

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.