Maintaining PR Status after Divorce

[SASCANADA]

Hi All,

I am seeking your advice in my complex case. Below are the details of my case:


Applied as skilled worker in 2002
Married to a Canadian Citizen in 2005
Landed in December 2006
My child was born in 2007
Moved Permanently to Toronto in April 2008
Renewed PR in March 2011
Divorced from my wife in September 2011
Wife and Son moved back to home country in September 2011
I had to Move back to home country later same year to be closer to my son

My PR will expire in March 2016
I prefer to remain in my home country to be close to my son since he is living with his mom.
At the sometime I would like to maintain my PR status. If I continue to live outside of canada, I will lose the PR due to unfulfilling the residency obligation.

I need advise on what is the best way to maintain my PR and renew it for another term at least. Do I qualify for renewal on compassionate reasons?

Thanks

SAS

 

[Leon]

I don't think you have a strong case. Many people are away from their children, coming to visit 1-2 times a year and outside of that communicating through phone or skype. You have now been outside Canada for 2 years. You have another year before you must return. I'd suggest that you do that if you want to keep your PR. If your ex is trying to keep your child away from you or trying to make you lose your PR, it would be very easy for her to move back to Canada after you lose your PR and you would not be able to follow her again.

 

[SASCANADA]

I don't think you have a strong case. Many people are away from their children, coming to visit 1-2 times a year and outside of that communicating through phone or skype. You have now been outside Canada for 2 years. You have another year before you must return. I'd suggest that you do that if you want to keep your PR. If your ex is trying to keep your child away from you or trying to make you lose your PR, it would be very easy for her to move back to Canada after you lose your PR and you would not be able to follow her again.

Thank you very much Leon. I believe your point about my ex wife is a very valid point that I need to seriously consider. Another option that I am wondering is possible or not, is to try and abandon the PR status so I can re-apply in the future when my circumstances are better or at least I get the chance to visit canada on a visit visa. Do you think that is possible?

Thanks for the valuable advise.

 

[Leon]

You don't have to renounce the PR status just yet. As long as your PR card is still valid, you can travel to Canada with it. What happens after 3 years outside is that they may report you on entry and if they do, you would have to appeal for your PR. If you lose the appeal, you would lose the PR and could apply for a visit visa or could apply for a new PR if you qualify.

How are the custody issues? Does she have full custody of your child or is it shared? If you have shared custody, would she have the right to move away from your home country with the child without your permission? If she has full custody, can you challenge that and get it shared?