Landing for 1 yr, got a job overseas, divorced after 18 months, still PR?

[leemegan]

Dear all Senior members,

I would like to seek your advice regarding to my situation. It is a bit complicated.

1) After graduated in Canada, I married to my bf who is a PR in 1994. I landed with the old IMM1000 paper which has an expiry date because of the passport I was using. (under the 5-yr sponsorship by my husband)
2) I have worked part time in Canada for 1 yr and could not find a full time job. I finally got a job from my home country and I left Canada in 1995.
3) Our relationship broke up because I could not come back and my husband did not want to live abroad. We agreed to divorce by mutual consent after 18 months since I first landed.
4) I got married again in 1998 with my present husband who is a foreigner. In the same year, I travelled back to Canada as visitor for honey moon with my new foreign passport as my old passport with landed paper attached has been expired. I did not get any problem in and out of Canada by that time.
5) I have a 9 yr child now, I would like to go back to work in Canada. I still have my SIN card and expired health card and driving license.

My questions are:
1) My PR status is still valid even though "I got divorced after 18 months of landing"? ( I understand I could not comply with the permanent residency obligation, that is another issue)
2) If I can go back to Canada and work for 2 years successfully, my chance of getting back my PR card will be the same as people who are not under the spousal 5-yr sponsor program?

Thank you for your time.

 

[spousalsponsee]

You are still a PR of Canada of you have not renounced it, and it was not stripped from you. Your divorce is irrelevant. As you say, you are so wildly out of the Residency Obligation, you have no prospect of keeping your PR status if you come to the attention of IRCC.

If you do somehow get back inside Canada without being reported, then stay there two years, you can get a PR card as you will be back in compliance.

 

[leemegan]

You are still a PR of Canada of you have not renounced it, and it was not stripped from you. Your divorce is irrelevant. As you say, you are so wildly out of the Residency Obligation, you have no prospect of keeping your PR status if you come to the attention of IRCC.

If you do somehow get back inside Canada without being reported, then stay there two years, you can get a PR card as you will be back in compliance.

I am still a PR even my landing paper has expired?

 

[spousalsponsee]

I am still a PR even my landing paper has expired?

PR status doesn't expire.

 

[Rob_TO]

I am still a PR even my landing paper has expired?

PR never expires. It must be officially renounced or revoked.

You can't fly directly to Canada since as a PR you can't get an eTA/visa.
If you can make it into Canada through a USA land border without being reported, then you can stay here 2 years to come back into compliance with the RO, and only then apply to renew PR card. However odds are you'll be reported upon entry, with process started to revoke your PR status.

If not reported, then during the 2 years in Canada you should prepare to stay here and not leave for any reason whatsoever. You can't sponsor any family members for PR until you're back in compliance with RO, so at least a 2 year wait. During this time your family can come to Canada as visitors only, but of course can't work, and you may need to pay international student fees for your child to attend school.

 

[leemegan]

PR status doesn't expire.

Thanks. Great to hear that.

 

[leemegan]

PR never expires. It must be officially renounced or revoked.

You can't fly directly to Canada since as a PR you can't get an eTA/visa.
If you can make it into Canada through a USA land border without being reported, then you can stay here 2 years to come back into compliance with the RO, and only then apply to renew PR card. However odds are you'll be reported upon entry, with process started to revoke your PR status.

If not reported, then during the 2 years in Canada you should prepare to stay here and not leave for any reason whatsoever. You can't sponsor any family members for PR until you're back in compliance with RO, so at least a 2 year wait. During this time your family can come to Canada as visitors only, but of course can't work, and you may need to pay international student fees for your child to attend school.

Am I correct to say that if I use a third country passport to enter Canada through US land border as visitor, I am okay if they treat me as visitor to enter Canada? If they can identify me as a PR, they can report me and start the process to revoke my PR status?

 

[leemegan]

You are still a PR of Canada of you have not renounced it, and it was not stripped from you. Your divorce is irrelevant. As you say, you are so wildly out of the Residency Obligation, you have no prospect of keeping your PR status if you come to the attention of IRCC.

If you do somehow get back inside Canada without being reported, then stay there two years, you can get a PR card as you will be back in compliance.

Divorce is irrelevant? I have read somewhere on internet that couples have to live together for 2 years?

 

[leemegan]

PR never expires. It must be officially renounced or revoked.

You can't fly directly to Canada since as a PR you can't get an eTA/visa.
If you can make it into Canada through a USA land border without being reported, then you can stay here 2 years to come back into compliance with the RO, and only then apply to renew PR card. However odds are you'll be reported upon entry, with process started to revoke your PR status.

If not reported, then during the 2 years in Canada you should prepare to stay here and not leave for any reason whatsoever. You can't sponsor any family members for PR until you're back in compliance with RO, so at least a 2 year wait. During this time your family can come to Canada as visitors only, but of course can't work, and you may need to pay international student fees for your child to attend school.

I don't mind paying international student fees as I think it is fair. Just hope that the kid can get the status before university so that she can choose whatever program she likes. I love this country even more than my home town. I only regret that I could not find a job and I did not want to get benefit from the government at that time.

 

[Rob_TO]

Am I correct to say that if I use a third country passport to enter Canada through US land border as visitor, I am okay if they treat me as visitor to enter Canada? If they can identify me as a PR, they can report me and start the process to revoke my PR status?

If CBSA thinks you're trying to deceive them, it could lead to trouble.

 

[Buletruck]

Might cause you some significant problems if you try to renew your PR card and there is no record of entry. You would have to explain the second passport use at entry, which is pretty much misrepresentation to CBSA. I am positive (well, pretty sure at least) you have to identify yourself as a PR if it applies to CBSA when you enter.

 

[spousalsponsee]

Divorce is irrelevant? I have read somewhere on internet that couples have to live together for 2 years?

Condition 51 was, for a time, imposed on couples who had been in a relationship of less than two years at the time of PR, and who had no children together. It stated that couples had to cohabit for two years after landing, and a new PR would only have conditional status until that point.

You landed before C51 existed, and even if it did apply to you, it no longer exists.

 

[spousalsponsee]

Am I correct to say that if I use a third country passport to enter Canada through US land border as visitor, I am okay if they treat me as visitor to enter Canada? If they can identify me as a PR, they can report me and start the process to revoke my PR status?

You must identify your PR status. As a PR, you have the right of entry to Canada. As a visitor, you can be refused. You are a PR, so cannot be refused.

As you know, you are massively out of the Residency Obligation, and any interactions you have with IRCC or CBSA is liable to detect that, and remove from you the PR status you have chosen not to use.

 

[leemegan]

I understand if I can return without being reported, my husband cannot work. However, can a foreigner without work permit buy an existing Canadian company or set up a new company? Is it okay that he just manages the company and hires local staff to work as long as he is not taking salary?

 

[canuck78]

Also if your husband and children apply for a TRV they will notice that you have not met the RO for your PR.