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February 14, 2012, 03:55:42 pm
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Author Topic: PR status for fiance  (Read 1292 times)
pstar
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« on: December 17, 2008, 05:18:14 am »

Hi , I am a PR card holder for Canada. I have put up my query for renewal of PR card. Can you help me ?

1. I have lived outside Canada during the five year PR period. I have only one year and ten months left. Do I need to renew my PR status if I go to Canada now ? Or can I stay till the PR status expires?

Is there any way I can maintain my PR status if I go to Canada now.


2. I am divorced and want to get my fiance also to Canada. What is the best option to settle with him in Canada.
a) Apply for his Work Visa?
b) Apply for Visitor's Visa and then get married in Canada?
c) Apply for sponsorship under family class after getting married in our home country.

Please help.
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RobsLuv
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Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
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LANDED..........: 31Jan2011

« Reply #1 on: December 17, 2008, 08:30:38 am »

Read the response to your other thread - it appears you no longer have valid PR status in Canada, so you are not eligible to sponsor someone to Canada.  At any rate, there is no fiance visa in Canada anyway - so even if you were still a PR, you could not sponsor a fiance to come to Canada. 
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eric6642
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« Reply #2 on: December 17, 2008, 07:17:29 pm »

Robsluv is correct, but there is a way to work out, first you have to come back to Canada without your PR status taking away, but when you come back to Canada via any international airport, you may got busted from custom officer, the most safe way to return canada is from USA border if you have friend pick you up with their car. once you come back to Canada stay 3 years(total time) within 5 years before renewal your PR Card.
 
why are you out of Canada? Do you stay with your Wife or husband (has to be a canadian) outside of Canada because of her or his work, in that case, you are considered you are living in Canada.

anyway, your PR card basically is invalid for your staying outside of Canada.

I think you should come back to Canada first safely without PR card taken away by custom officer, and your finace come to Canada as visitor alone.

and next step talk about her immigration to Canada.

Eric

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Leon
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« Reply #3 on: December 17, 2008, 08:38:36 pm »

True, if you get back into Canada without there being any question of your PR status, you need to stay to the point that in the previous 5 years you have been in Canada at least 730 days.  At that point you can renew your PR card but to sponsor your fiance, you'd need to marry him.

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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
med
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« Reply #4 on: December 17, 2008, 10:54:21 pm »

the only way to sponsor ur fiance is b marryinng her as canada doesnt recognize fiance visa
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pstar
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« Reply #5 on: December 18, 2008, 03:29:42 am »

Thankyou for reading my query and for giving me valuable information.

My husband was the principal applicant. He is a PR card holder and living in Canada from July 2005. I went to Canada with my minor kids in 2005 Nov. I returned to my home country with my kids due to some differences between us.

We are staying apart from the last three years and now divorced. I wanted to get back to Canada but he had my PR card with him. He refused to hand over my PR card and those of my minor kids. I later found out that I could go back to Canada with a Temporary Travel Document and reapply for a new PR card as a lost card.

But later he stopped all financial help from Canada. I had to be on my own. This financial difficulty made it impossible for me to return to Canada.

I am giving my life another chance with my fiance and wanted to settle in Canada. Reapplying again and crossing the border via USA seems to be the only option now. But as I have kids I need to weigh the chances before I take any risk.

Your advice is valuable and will be very helpful to me to make the right decisions. Please advise.
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eric6642
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« Reply #6 on: December 18, 2008, 12:00:32 pm »

Hi pstar:
I think you are in bad position to return back to Canada. No PR card, nor Temporary Travel Document, tough to return as PR. Which country of your passport? even from USA border it will not help at all. I think you should try to get the "Temporary Travel Document" first, and come back to Canada via any international airport.
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Leon
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« Reply #7 on: December 18, 2008, 06:59:48 pm »

You can not get a travel document if you don't meet the residency requirements.  If you apply for one, you have to fill out your absences from Canada and they will deny you.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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