Confused regarding re-entry, a peculiar case need advice

[danny455]

Good Day to all,

I need help and as much advice as possible, Coming from a very convservative family my wife and I decided to run away and get married which we did in pakistan and then applied for immigration to canada as we had planned to settle in canada, She sponsored me being a canadian citizen and I became a PR on Dec 25 2011 later on due to my mothers health issues and families financial strain i had to move back to dubai to assist them this was in 01 April 2012 while she was conitnuing her studies to become a medical doctor in cebu, phillippines....we continued out long distance relationship there were strains but she finally managed to come back to dubai in start of 2013. On april 25th she said she had to go and attend a family wedding in canada and then go to congo, DRC where her family is initially from after that she started avoiding me and stopped talking altogether when i asked her what was happening she said due to family reasons she cannot tell them we are married and cant continue with this anymore and wants a divorce where in i had to intervene and tell her family that we are married her father came around yesterday and said i dont want you married to my daughter and am here as her guardian to finalize the divorce.

Now am confused and i want advice, how does this affect my PR status? i was planning to go back to canada by jan-feb 2014 will i still be able to go? what about my marriage status will i be stopped and asked by the immigration officials and if i tell them am divorce will i be denied entr?y i loved my wife and cherished her for 13 years and three years back we got married, due to coercion and strain from her family she has finally decided to end it and throw away everything we worked for and no amount of talking has been able to move her...please help i need advice the time line is thus from our marriage till now:-

Married in pakistan- 01 nov 2010
applied for PR- 04 Feb 2011
Landed As/Granted Permenant Residency- 25 Dec 2011
Flew out of Canada- 01 April 2012
Willing to return for good- est. Fen 2014

Please any help in this matter would be highly appreciated god bless you all.

Thank you,
Danny

 

[keesio]

Sorry to hear of your martial issues. I hope you and your wife can somehow work it out.

As for your PR status, you landed and became a PR before the new conditional rule where you have to remain together for 2 years came into effect. So I think you are fine. You are a PR so why wouldn't they let you back in?

 

[danny455]

I tried belive me i tired...about a million times now the only response i get is am sorry to do this to you and you family and i have made my decesion...what i am having trouble figuring out is that is feb 2014 alrite to enter with in lieu of the timeline that one has to be present in canada to retain their PR status and my main concern is that the divorce will be happening out of canada in the uae so will that make a difference when am entering canada specifically with regards to immigration procedure as her dad mentioned it to me today that because of this divorce you wont be able to enter canada anymore your ruined to quote verbatimn

 

[scylla]

The divorce has no impact on your PR status.

The only thing you need to be worried about is the PR residency obligation. To maintain your PR status, you must live in Canada for 730 days out of every 5 rolling years.

 

[keesio]

her dad mentioned it to me today that because of this divorce you wont be able to enter canada anymore your ruined to quote verbatimn

He either does not know what he is talking about or he is lying and trying to scare you. Ignore him

 

[danny455]

Thank you for your replies all of you have given me new hope and releif may god bless you all.

I really dont know the pr residency obligation timeline calculations could someone help me in that as well having left canada on 01 april 2012 do I still qualify in terms of number of days to return to canada say 01 feb 2014?

If I divorce my wife now will it be seen as a marriage of convenience? And no, if your wondering nothing was lied to in the application or in the interview or to my wife for that matter in the initial application my wife wrote down all the reasons why we wanted to run away and settle in canada, having said that when do I need to inform cic about my divorce if it happens in the next couple of weeks

 

[scylla]

If I divorce my wife now will it be seen as a marriage of convenience? And no, if your wondering nothing was lied to in the application or in the interview or to my wife for that matter in the initial application my wife wrote down all the reasons why we wanted to run away and settle in canada, having said that when do I need to inform cic about my divorce if it happens in the next couple of weeks

No - I don't think it will be seen as a MOC. However if you marry someone else who isn't Canada and decide you want to sponsor them for PR, you'll have to wait until Dec 2016 (five years after your landing) before you can submit the application.

 

[canuck_in_uk]

I really dont know the pr residency obligation timeline calculations could someone help me in that as well having left canada on 01 april 2012 do I still qualify in terms of number of days to return to canada say 01 feb 2014?

Yes, you are fine to return Feb 2014.

As scylla said above, the obligation is you must be in Canada for 2 years (730 days) out of every 5 rolling years.

Because you already have 3 months in Canada, you must spend at least another 21 months here by December 2016. The latest date you could enter and still be able to meet the residency obligation is April 1st 2015.