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Renewing PR Card after living with Canadian Spouse Abroad

sbwv09

Hero Member
Feb 18, 2010
869
42
Category........
FAM
Visa Office......
Buffalo/NYC
App. Filed.......
May 17, 10
File Transfer...
June 22, 10/August 31, 10 (to NYC)
Med's Done....
April 6, 10
Passport Req..
September 13, 10
VISA ISSUED...
9/28, Received 10/21
LANDED..........
10/22/10
Ok, it's been a long decade, haha. VERY long story short, I got my PR and moved to Canada to be with Husband #1. That didn't work out well. He wasn't good to me, it was very hard and sad. I got a job to work in South Korea. As I went through that process (as well as the divorce process) I met someone new, another Canadian born citizen. We were initially living 2 hours away from each other in Korea but he moved in with me and we became engaged in December 2012, very shortly before I got the documentation that my divorce was finalized. We got married in Seoul in the spring of 2013 and returned to Canada for a few weeks at the end of 2013 before moving to the US in 2014. We've been in the US together since.

We are hoping to return to Canada. In fact, my husband is already there due to health issues and I plan to join him when my work contract here is finished in a few months. My PR card expired in 2015. I am still in possession of it, as well as my Ontario Driver's License, SIN card and OHIP card.

Here are my questions. I know that time spent outside of Canada living with a Canadian spouse counts as time in Canada, but there must obviously be proof. Here is the proof I have so far.

- Both of our old (expired) passports with identical stamps proving our travel together, including his US entry CR1 visa and my Canadian PR visa.
- Bank statements of our joint account going back one year. Should I contact the bank to see if I can get older statements?
- The paperwork for our mortgage as joint borrowers
- Utility bills under both of our names for the same address
- Paperwork of him being my life insurance and disability insurance beneficiary
- Pay stubs for both myself and my husband to the same address
- Proof of his Canadian citizenship (copies of his current Passport and birth certificate)


What else could/should I include? Should I include a copy of his US green card, or would that just make it messier? The only real proof I have of cohabitating in Korea is the statements I made in the documents I submitted to get his American CR1 visa. Should I include that? Should I include photos of our religious vow ceremony that we had when we returned to the US or, again, would that make it overcomplicated? Also, I am visiting him in Canada over Christmas. Can/Should I send my application while I am there even though I will be back and forth between there and the US until May?

I can also get affidavits from friends and family in the US, Canada, and South Korea stating that we lived together for almost the entirety of my time outside of Canada. Should I include those?

Sorry for all the questions, I just don't want to screw this up. My husband is unwell and needs me, and needs me to be able to work, etc.

Any help or advice is greatly appreciated. Thanks!
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Ok, it's been a long decade, haha. VERY long story short, I got my PR and moved to Canada to be with Husband #1. That didn't work out well. He wasn't good to me, it was very hard and sad. I got a job to work in South Korea. As I went through that process (as well as the divorce process) I met someone new, another Canadian born citizen. We were initially living 2 hours away from each other in Korea but he moved in with me and we became engaged in December 2012, very shortly before I got the documentation that my divorce was finalized. We got married in Seoul in the spring of 2013 and returned to Canada for a few weeks at the end of 2013 before moving to the US in 2014. We've been in the US together since.

We are hoping to return to Canada. In fact, my husband is already there due to health issues and I plan to join him when my work contract here is finished in a few months. My PR card expired in 2015. I am still in possession of it, as well as my Ontario Driver's License, SIN card and OHIP card.

Here are my questions. I know that time spent outside of Canada living with a Canadian spouse counts as time in Canada, but there must obviously be proof. Here is the proof I have so far.

- Both of our old (expired) passports with identical stamps proving our travel together, including his US entry CR1 visa and my Canadian PR visa.
- Bank statements of our joint account going back one year. Should I contact the bank to see if I can get older statements?
- The paperwork for our mortgage as joint borrowers
- Utility bills under both of our names for the same address
- Paperwork of him being my life insurance and disability insurance beneficiary
- Pay stubs for both myself and my husband to the same address
- Proof of his Canadian citizenship (copies of his current Passport and birth certificate)


What else could/should I include? Should I include a copy of his US green card, or would that just make it messier? The only real proof I have of cohabitating in Korea is the statements I made in the documents I submitted to get his American CR1 visa. Should I include that? Should I include photos of our religious vow ceremony that we had when we returned to the US or, again, would that make it overcomplicated? Also, I am visiting him in Canada over Christmas. Can/Should I send my application while I am there even though I will be back and forth between there and the US until May?

I can also get affidavits from friends and family in the US, Canada, and South Korea stating that we lived together for almost the entirety of my time outside of Canada. Should I include those?

Sorry for all the questions, I just don't want to screw this up. My husband is unwell and needs me, and needs me to be able to work, etc.

Any help or advice is greatly appreciated. Thanks!
Talk to a qualified immigration lawyer about this. You may have problems claiming the "accompanying a Canadian citizen" exemption because you did not "accompany him" from Canada in the first place. This may mean that the exemption is not applicable to this situation.
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Did your husband reapply for OHIP and go through the 3 month wait period? It does not seem that he has met the residency requirements to receive health coverage in Ontario. Even citizens must reapply or else you can be asked to repay all the healthcare services you have used.

Also agree that I don’t think you qualify for time accompanying your spouse abroad since you got married to a completely different person and weren’t compliant with your RO. Best to check with lawyer. I think it there are good chances that your husband may need to sponsor you again which would likely be faster than taking a chance at applying for H&C.