Do I have any chance to return back to Canada??

[Mira1974]

Hello everyone I hope that someone can help me.
Well this is my situation:In October 2015 I entered in Canada under the spousal sponsorship,but the things didn't work out between me and my ex-husband and in January 2016 I left Canada before that I was isued with PR card,in that time I was under conditional 51,and I never asked what happened with my status,my ex told me that he called CIC and informed them that I left Canada,in mentime we got divorced here in our homecontry.
Now I am wondering what happened with my status and do I have any chance to come in Canada as a PR.
Thanks.

 

[zardoz]

Hello everyone I hope that someone can help me.
Well this is my situation:In October 2015 I entered in Canada under the spousal sponsorship,but the things didn't work out between me and my ex-husband and in January 2016 I left Canada before that I was isued with PR card,in that time I was under conditional 51,and I never asked what happened with my status,my ex told me that he called CIC and informed them that I left Canada,in mentime we got divorced here in our homecontry.
Now I am wondering what happened with my status and do I have any chance to come in Canada as a PR.
Thanks.

You still have your PR status, because you personally were not informed of any revocation. Condition 51 is retroactively dead, so you can ignore it completely. If you have your PR card, come back to Canada by the end of this year and you will be absolutely fine. Delay much longer than that and you may not be compliant with the Residency Obligations.

 

[Mira1974]

Thanks for response
I don't have PR card because I left Canada before that I was issued with card and I don't know what my ex-husband done with that card.
Do I have any rights to apply for PRTD?

 

[zardoz]

Thanks for response
I don't have PR card because I left Canada before that I was issued with card and I don't know what my ex-husband done with that card.
Do I have any rights to apply for PRTD?

Yes. You have been a Permanent Resident for less than 1095 days, so a PRTD application is almost certainly going to be approved. If you delay beyond 1095 days after you became a PR, it complicates the PRTD application. Do it, and do it now.

 

[canuck_in_uk]

You still have your PR status, because you personally were not informed of any revocation. Condition 51 is retroactively dead, so you can ignore it completely. If you have your PR card, come back to Canada by the end of this year and you will be absolutely fine. Delay much longer than that and you may not be compliant with the Residency Obligations.

No guarantee of that. She left Canada in Jan 2016 and Condition 51 wasn't removed until April 2017. It is entirely possible that OP's PR status was revoked due to Condition 51 and IRCC was not able to inform her because she was no longer in the country.

 

[zardoz]

No guarantee of that. She left Canada in Jan 2016 and Condition 51 wasn't removed until April 2017. It is entirely possible that OP's PR status was revoked due to Condition 51 and IRCC was not able to inform her because she was no longer in the country.

I would have thought that at the very least, a PFL would have to be sent. Only one way to be sure, apply for the PRTD...

 

[canuck_in_uk]

I would have thought that at the very least, a PFL would have to be sent. Only one way to be sure, apply for the PRTD...

True but sent where? OP wasn't in Canada and IRCC likely had no idea where she was.

Agree that applying for the PRTD is the best way to find out.

 

[MapleVivi]

Yes. You have been a Permanent Resident for less than 1095 days, so a PRTD application is almost certainly going to be approved. If you delay beyond 1095 days after you became a PR, it complicates the PRTD application. Do it, and do it now.

Hi @zardoz,
May I ask you a question?

So if I do a soft landing, let's say this month, and leave Canada the day after, and after spending a little less than three years outside of Canada, I should be able to get a PRTD?

Thank you!