Geting PR in Canada & keeping it when divorced?

[USAtoCA2013]

I’ve been married to a Canadian for 12 years. We live in the USA and he has residence here in the USA. How do I go about getting it in Canada? Would it be easier since we’ve been married for 12 years? And would it be expensive? Obviously there isn't much to prove since we've been married 12yrs. But, I'd like to have duel residency "just in case".

I have a question for a friend of mine as well, he’s been up in Canada for 12 years, married to a Canadian, and is currently contemplating divorce. In this case there are children involved. Can he still legally stay in the country if he’s divorced with only residence? Can he still renew it with no problem, or if he's divorced will he be booted out of the country?

 

[zardoz]

To gain "residency" in Canada, your spouse could sponsor you but a) he would have to prove that he intends to return to Canada to live and b) there is a requirement for you to reside in Canada for 2 years in a rolling 5 year period to keep your PR status.

Divorce doesn't affect your PR status under the circumstances that you describe.

 

[Msafiri]

USAtoCA2013,

Under current Immigration legislation any day where a Can PR is accompanying a Can Citizen spouse abroad is classed as if it was a day 'In Canada' so people in your situation rarely lose their PR status even when they have extensive absences from Canada. This 'loophole' is most an advantage after applying for Canadian Citizenship at or around the minimum residence days qualification period and leaving Canada immediately after. This overcomes the current 25-35 months citizenship processing time that can easily cause a loss of PR.

 

[zardoz]

Good point!... Well spotted as that covers condition b).

However condition a) still applies.

 

[Leon]

Since most of your questions were already answered, I would just like to add that the cost is $1040 in immigration fees plus what you would have to pay for medicals.

Immigration would likely be less concerned about the relationship being genuine if you have been together for 12 years and you would avoid getting a probational 2 year PR card which would require you to still be with your husband at the end of the 2 years.

As for your friend, the 2 probational years rule only took effect in 2012 and he must have had his PR long before then as well as it doesn't apply when the couple has kids so he can get divorced and still stay in Canada. He just has to meet the residency obligation of staying in Canada at least 730 days in any 5 year period.