How long does it take to revoke PR? What happens if I'm enrolled in school?

[kanzaman]

Hi all!

I'm an American citizen who got my PR in August 2016 and spent 30 days there. Unfortunately, while I was in Spain waiting on my PR to be processed, I got trapped by a local and now I'm married and living there.

My plan was to receive my Spanish citizenship around February 2019 and then move back to Canada in fall 2019 to study a master's degree. (I ultimately want to live in Canada, but can't yet because of my partner's career.) Unfortunately, the Spanish government is deliberately delaying citizenship applications and I'm trapped here until they finish processing my application; I would be extraordinarily lucky to receive it by the 3-year RO deadline of September 2019. I can leave to Canada for short periods of time to buy myself some more days, but I can be randomly denied Spanish citizenship if they deem any vacation to be too long. This situation causes me stress every single day.

I was wondering - since my PR card is valid until August 2021, I was thinking I could apply for the Canadian master's program until then and pay local tuition (I could never afford international). Once I actually enter the country to do this master's, I would potentially be reported and have my PR status revoked.

My questions are:

(1) How long does the revocation process take? Assuming that I appeal it and try to extend it as long as possible.

(2) If I'm in the middle of a study program when my PR is revoked, what happens? Do I have to switch to an international student visa?

(3) Any miscellaneous wisdom for my situation?

Thank you so much in advance!

 

[Rob_TO]

(1) How long does the revocation process take? Assuming that I appeal it and try to extend it as long as possible.

(2) If I'm in the middle of a study program when my PR is revoked, what happens? Do I have to switch to an international student visa?

(3) Any miscellaneous wisdom for my situation?

Thank you so much in advance!

1 - Appeal process can take up to a couple years, but depends on the city and how backlogged they happen to be.

2 - When PR Status is officially terminated (after losing appeal), you must stop studying immediately because you will have no status here. To continue studying you'd need to apply for and be approved for a study permit, and arrange with school on what fees to pay if this happens part way through a semester.

3 - Yes, get back to Canada in time for meeting your RO. You need to choose if getting Spanish citizenship at this time is more important than potentially losing your PR status. You can always apply for Spanish citizenship later in life.

Note also you can't apply to sponsor any family member for PR if you don't meet the RO or are waiting for an appeal date.

 

[bricksonly]

Hi all!

I'm an American citizen who got my PR in August 2016 and spent 30 days there. Unfortunately, while I was in Spain waiting on my PR to be processed, I got trapped by a local and now I'm married and living there.

My plan was to receive my Spanish citizenship around February 2019 and then move back to Canada in fall 2019 to study a master's degree. (I ultimately want to live in Canada, but can't yet because of my partner's career.) Unfortunately, the Spanish government is deliberately delaying citizenship applications and I'm trapped here until they finish processing my application; I would be extraordinarily lucky to receive it by the 3-year RO deadline of September 2019. I can leave to Canada for short periods of time to buy myself some more days, but I can be randomly denied Spanish citizenship if they deem any vacation to be too long. This situation causes me stress every single day.

I was wondering - since my PR card is valid until August 2021, I was thinking I could apply for the Canadian master's program until then and pay local tuition (I could never afford international). Once I actually enter the country to do this master's, I would potentially be reported and have my PR status revoked.

My questions are:

(1) How long does the revocation process take? Assuming that I appeal it and try to extend it as long as possible.

(2) If I'm in the middle of a study program when my PR is revoked, what happens? Do I have to switch to an international student visa?

(3) Any miscellaneous wisdom for my situation?

Thank you so much in advance!

I suggest you go to Canada once a year, spend two weeks for vacation. Sometimes airtickets are dirt cheap. In this way, you are not likely be picked from the system for PR RO check. Don't stay aboard too long, say 2, 3 years! Give Canada a visit every 10 months!

 

[rish888]

Hi all!

I'm an American citizen who got my PR in August 2016 and spent 30 days there. Unfortunately, while I was in Spain waiting on my PR to be processed, I got trapped by a local and now I'm married and living there.

My plan was to receive my Spanish citizenship around February 2019 and then move back to Canada in fall 2019 to study a master's degree. (I ultimately want to live in Canada, but can't yet because of my partner's career.) Unfortunately, the Spanish government is deliberately delaying citizenship applications and I'm trapped here until they finish processing my application; I would be extraordinarily lucky to receive it by the 3-year RO deadline of September 2019. I can leave to Canada for short periods of time to buy myself some more days, but I can be randomly denied Spanish citizenship if they deem any vacation to be too long. This situation causes me stress every single day.

I was wondering - since my PR card is valid until August 2021, I was thinking I could apply for the Canadian master's program until then and pay local tuition (I could never afford international). Once I actually enter the country to do this master's, I would potentially be reported and have my PR status revoked.

My questions are:

(1) How long does the revocation process take? Assuming that I appeal it and try to extend it as long as possible.

(2) If I'm in the middle of a study program when my PR is revoked, what happens? Do I have to switch to an international student visa?

(3) Any miscellaneous wisdom for my situation?

Thank you so much in advance!

Move to Canada before you violate your RO and once you receive Canadian citizenship go back to Spain if you want.

To answer your questions:

1: Appeal takes 12-18 months on average.

2: You need to stop studying and return on a study permit. US citizens can get a study permit at the border, so this shouldn't be too hard. However, once you're on a study permit you will need to pay international tuition.

3: Decide what matters more: Spanish citizenship or your education in Canada and Canadian citizenship.

Also, any particular reason you want Spanish citizenship now? If you ever want to live in Spain/ another EU country with your spouse, you are legally entitled to a residence permit with work rights as the spouse of an EU citizen.

https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm

 

[vensak]

Not so easy, just so you know. EU citizens can work freely in any EU country. However if their spouse is a 3rd party citizen, that one has more restrictions outside the country of the citizenship. LIke he or she cannot work in other country for the first year. The husband would have to have work there. And there might be even some other requirements (like proof of German language for such spouse in Germany). Not to mention she would be missing any kind of opportunity to work in a different country (if you live close to the borders). So yes that one is understandable.

 

[canuck78]

There will also likely be an issue if you want your spouse to be able to get a work permit while you are studying not only sponsorship. If you manage to enter Canada without being reported both will not be possible because will flag that you are not in compliance with your RO.