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Your PR Card

If you are applying to renew your present card, you should retain it until you receive your new card. If you are applying to replace a damaged card, send the damaged card with your application.

If you are asked to present yourself at a local CIC office, you must bring with you the previous card and the original documents of the copies you have included with your application. You will be asked to destroy your previous card once you receive the new one.

7.10. Voluntary relinquishment of permanent resident status under IRPA

The following section provides guidance on the procedures to follow in the limited circumstances in which a permanent resident may be allowed to relinquish status voluntarily.

Person applying to enter or remain in Canada as a temporary resident and who does not meet the residency obligation

As mentioned above, the officer must first determine if the person is a permanent resident or not.

If the person does not meet the residency obligation under A28 but still wishes to enter as a foreign national and clearly states the intention of relinquishing permanent resident status, the officer may write the A44(1) report, using the guidelines below.

A44(1) report and voluntary relinquishment

Where a person does not meet the residency obligation, an A44(1) report should be prepared [A41(b) for A28 cases]. Once a report is prepared, the provisions of R62(1)(a) take effect so that any time spent in Canada subsequent to the report will not count as days towards the residency obligation under A28(2) in the event the person rescinds their declaration within 30 days.

Provided the person has made it clear from the beginning and throughout the examination that they are interested in temporary resident status only and that they truly and voluntarily wish to relinquish status, the officer may allow the person to complete the Declaration: Voluntary Relinquishment of Permanent Resident Status/Residency Obligation Not Met (IMM 5538B). A copy of the IMM 5538B should be sent to the Query Response Centre (QRC) to be stored on microfiche. This procedure is not to be used in any situation where the person indicates at any time a desire to be considered a permanent resident, even if they subsequently maintain they no longer wish to be a permanent resident.

The officer must first determine whether the person has fulfilled the residency obligation [A28].

Once the officer has established that the person does not meet the residency obligation, the officer allows the person to make submissions on H&C considerations, which may lead the officer to determine that the person remains a permanent resident despite non-compliance with the residency obligation. If the person declines to produce any evidence of compliance, does not wish to make submissions on H&C grounds at the time of the examination, or if their submissions are not sufficient to overcome the officer’s decision that they have not fulfilled the residency obligation, then the officer may allow the person to sign a voluntary relinquishment.

The officer must personally provide counselling to the person on the significance of the declaration and should ensure that the person fully comprehends the content of the declaration.

The officer should further counsel the person to ensure that they understand that if they withdraw the declaration within 30 days, a departure order may be issued and they would have a right to appeal that order.

During counselling, the officer must provide, in writing, the full CIC address where the person is to send the notice to withdraw relinquishment of permanent resident status. The officer must clearly note on file that the person did not wish to produce evidence or submissions, or produced insufficient evidence or submissions to allow the officer to conclude that the person satisfies A28, despite non-compliance with residency obligations. Details of the evaluation of humanitarian and compassionate grounds can be found in section 7.7 above.

Once the A44(1) report and the IMM 5538B are completed, they must be given to the Minister’s delegate for review. The Minister’s delegate may either dispose of the A44(1) report at that time by coding the disposition “14” (no further action) or, alternatively, the Minister’s delegate may hold the report in abeyance for final disposition for a period of 37 days (30 days during which the person may withdraw the IMM 5538B declaration, plus seven days for delivery). If the 37 days pass without a withdrawal, the report may then be disposed of with code 14 (no further action).

In either case, the Minister’s delegate must keep in mind that if the person withdraws their declaration relinquishing status, a removal order should be issued. Therefore, the Minister’s delegate’s notes on file should clearly demonstrate that the person was duly informed that a removal order could be issued against them in the event of a determination of permanent residency status due to withdrawal of the declaration of relinquishment. Essentially, the Minister’s delegate should record in their notes that it is their decision that, based on the information available at the time of the review of the A44(1) report, such an order is to be issued if the person withdraws their declaration within the 30 days during which this is allowed.

A non-computer-based entry (NCB) with code 10 for relinquishment of status is to be entered when the A44(1) report disposition is entered.

Conjugal Partner

According to the application, the conjugal category is intended for partners of Canadian sponsors who would ordinarily apply as:

-Common-law partners but cannot meet the definition, that is were not able to live together continuously for one year with their sponsor; or
-Spouses, but marriage to their sponsor is usually not an available option to them, usually because of marital status or sexual orientation, combined with an immigration barrier (for example, rules preventing partner and sponsor of long stays in one another's countries).

For more detailed information, read the Citizenship and Immigration Canada (CIC) Overseas Processing Manual - OP 2 - Processing Members of the Family Class [PDF]. Read section "5.25 Characteristics of conjugal relationships."

You need to apply to a court for a divorce.

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

-You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
-Your marriage has broken down.
-You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application. (See the exception to this rule for certain non-residents who married in Canada)

Exception to Residency Requirements

As a general rule, only Canadian residents can divorce in Canada. If neither you nor your spouse lives in Canada, you cannot get a divorce under Canada's Divorce Act. But you may be able to end your marriage under the Civil Marriage Act if you meet BOTH of the following criteria:

-You married in Canada; and
-You cannot undo your marriage in the country where you or your spouse lives because that country does not recognize your Canadian marriage.
-To undo your marriage under the Civil Marriage Act, you would need to apply to a Superior Court in the province or territory where you married. A lawyer in that province or territory may be able to advise you on what you need to do. You may also be able to get information from a Superior Court or from the Department of Justice or Attorney General in the applicable province.

A process under the Civil Marriages Act only ends the marriage. You would need to resolve other issues such as child support and spousal support under the laws of the country where you live.

1) Would my marriage be considered registered in Ontario? Would I need to apply for divorce in Canada as well?

Are divorces from other countries legal in Canada?

Ontario accepts that divorces from other countries are legal if you or your spouse lived in that country for at least one year before you applied for a divorce. If neither of you lived in the country for a year, your divorce may still be legal if the person who applied can prove that they have a “real and substantial connection” with that place. For example, if you were originally from the country that granted the divorce and had returned there when your relationship ended, the court could say that you had a “real and substantial connection” to that country.

If you were divorced in another country, you must have a certified copy of the divorce order. If it is not in English or French, you must also have a copy that has been translated by a certified translator. You also need a letter from an Ontario lawyer stating that your divorce should be recognized under Canadian law.

2) Can they use any legal action against me and make me lose my permanent resident status?

3) Is there anything I can do from Canada that could help me fight this case without having to pay what they're asking for?

You must have successfully finished a secondary or post-secondary program in English or French.

A single course done in English or French does not meet the requirement.

The diploma, certificate or transcript should be in English or French.If it is not in English or French, you must also send a certified English or French translation of the document.

It should clearly show that the program was completed with English or French as the language of instruction.

The purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government.

If you plan to return in a commercial vehicle, like a plane or bus

If you plan to return to Canada in a commercial vehicle — such as a plane, train, boat or bus — you must apply for a travel document at a visa office outside Canada before you return to Canada.

You should also check with the commercial operator (for example, the airline or bus company you will be using) to see what documents they need.

If you return in a private vehicle, like your own car

If you return to Canada in a private vehicle, such as your own car, you do not need a PR card. You can use your Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688) instead.

You would have been given these documents:

-if you applied from overseas: at the same time as your visa, or
-if you applied from within Canada at your local visa office when you landed.

An officer will ask you questions to make sure you meet all of the residency requirements before they allow you to come back to Canada.

When you return to Canada, apply for a PR card if you plan to travel outside Canada again.