HELP! Sponsoring/Commuting

[Ponga]

How long have you and your former husband been divorced?

The days that you spent with him outside of Canada would have counted towards the 730 days within each rolling 5 year period that you needed to maintain your PR RO. If you have been separated/divorced less than 3 years, you could enter Canada now, having met the RO.


If you have not...you may* have to renounce your PR before you can be sponsored again for new PR.

*Not sure but since you, in theory, already have PR...?

 

[Indogirl66]

I never had it revoked. I just gave my papers to my ex husband when we divorced. Not sure what he did with them. I'll look into that but not sure who I would call. Immigration Canada?

 

[MilesAway]

You can apply for a verification of status. They will tell you if you are still a PR.

 

[Ponga]

So I gather that it's been more than 3 years since you and he divorced?

He could not have done anything with your papers. You would have had to initiate the renouncing of your PR.


If it wasn't for the fact that you need to commute back to the U.S., you could have tried to re-enter Canada and then `sit and wait' for 730 days to reset the Residency Obligation clock, before leaving Canada, which...is obviously not going to happen.

http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

Good luck!

 

[Indogirl66]

We've been divorced since 1994ish.

 

[Indogirl66]

Also, I was thinking that since my divorce, I did change my last name, so it would be different on my papers. Wondering if this will effect anything. Anyway... I'm going to call the Canadian Consulate today.

 

[Indogirl66]

You can apply for a verification of status. They will tell you if you are still a PR.

I printed the VOS form and filled it out with all needed documentation, including the $30 (CAD) fee. I just didn't know the immigration document date of issue or the port of entry, since I don't have the original form. Will this hold up the process? If this comes back that I still have Permanent Residence status, it would probably be expired and I would have to reapply correct? Also, my name has changed, so not sure if this will effect anything, as well.

 

[Indogirl66]

So I gather that it's been more than 3 years since you and he divorced?

He could not have done anything with your papers. You would have had to initiate the renouncing of your PR.


If it wasn't for the fact that you need to commute back to the U.S., you could have tried to re-enter Canada and then `sit and wait' for 730 days to reset the Residency Obligation clock, before leaving Canada, which...is obviously not going to happen.

http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

Good luck!

i filled out the VOS form and mailed it. can't hurt to find out if i still have status after all these years. i've also contacted my ex to see, if by any chance, he still has my papers.

 

[Rob_TO]

i filled out the VOS form and mailed it. can't hurt to find out if i still have status after all these years. i've also contacted my ex to see, if by any chance, he still has my papers.

Even if you still had your PR status, you would not be in compliance with the residency obligation. So if you didn't voluntarily renounce your status then upon one of your entries to Canada you would be reported by CBSA and would start process to revoke your PR status.

The only way to renew your current PR status would be to enter Canada and hope you aren't reported, and then remain in Canada without a PR card for 2 straight years without leaving, to come back into compliance. Seeing as this would be incredibly difficult, most likely your best option is to just revoke your current status and apply for PR from scratch under family sponsorship after you become married or common-law with your Canadian partner.

 

[Indogirl66]

Even if you still had your PR status, you would not be in compliance with the residency obligation. So if you didn't voluntarily renounce your status then upon one of your entries to Canada you would be reported by CBSA and would start process to revoke your PR status.

The only way to renew your current PR status would be to enter Canada and hope you aren't reported, and then remain in Canada without a PR card for 2 straight years without leaving, to come back into compliance. Seeing as this would be incredibly difficult, most likely your best option is to just revoke your current status and apply for PR from scratch under family sponsorship after you become married or common-law with your Canadian partner.

So I just wasted $30 (CAD) for the VOS?

 

[MilesAway]

So I just wasted $30 (CAD) for the VOS?

Not really. It is important to know if you are still officially a PR. There was a member here a while ago that had gotten PR as a child and did not know that she was still in fact a PR. They refused her sponsorship application, since she was a PR, and then she had to go through all the paperwork to try and get a travel document, which they refused and then revoked her PR status. She then had to reapply for sponsorship. I think she would have happily paid the 30$ to save herself that headache.

 

[Indogirl66]

Not really. It is important to know if you are still officially a PR. There was a member here a while ago that had gotten PR as a child and did not know that she was still in fact a PR. They refused her sponsorship application, since she was a PR, and then she had to go through all the paperwork to try and get a travel document, which they refused and then revoked her PR status. She then had to reapply for sponsorship. I think she would have happily paid the 30$ to save herself that headache.

So are you saying that if I didn't know about VOS and my fiance and I got married and we applied, then it would've been more than likely that I would've been denied, since I (possibly) still have PR status? I go to Canada every Wednesday and Friday and I come home on Monday. I wonder if I asked the officer if they have anything in their system, if they can tell me. If I still do have PR status and it's in a different last name, this doesn't necessarily mean that I'm all set to move to Canada does it?

 

[Rob_TO]

So are you saying that if I didn't know about VOS and my fiance and I got married and we applied, then it would've been more than likely that I would've been denied, since I (possibly) still have PR status? I go to Canada every Wednesday and Friday and I come home on Monday. I wonder if I asked the officer if they have anything in their system, if they can tell me. If I still do have PR status and it's in a different last name, this doesn't necessarily mean that I'm all set to move to Canada does it?

You can simply ask CBSA upon any entry into Canada to try and verify your PR status. At that time you can choose to renounce it if you like.

As I mentioned above, even if you have PR status still you do not meet the residency obligation. So it will be practically impossible for you to ever renew your PR card unless you plan to stay in Canada for 2 straight years without leaving.

In your case the better option is most likely to renounce your PR status and apply again under family class when you qualify.