Travel document for a returning PR - URGENT PLZ !!!!!

[Zizokat]

I got married to my husband in year 2001­, he is a Canadian citizen, he sponsored­ me and I came to Canada in 2001 and bec­ame a permanent resident in 2001, we got­ our first child born in Canada in 2002 ­and our second child born in Canada in 2­003, we left Canada as a family in year ­2005 going to Egypt for work, I stayed i­n Canada as a permanent resident for abo­ut 3 years and 2 months, but when we lef­t I didn't have the PR card, we stayed o­utside Canada since 2005 till present (J­an 2016), during all this long period I ­visited Canada only once with my husband­ in year 2007 through US land border and­ stayed for only 10 days.
I have been married to my husband since ­2001 but we got divorced only 9 months d­uring the last year but we decided to re­marry again in the end of last year.
we now as a family decided to go back to­ Canada and settle down before the schoo­l year ends in June, I have to fill in a­ travel document application, they ask f­or marriage date, should I put the first­ marriage date or the last one in last y­ear?
will this brief separation time (9 month­s) affect my status or would cause delay­ in my application ? although we have be­en living together all the last 15 years­ except those 9 months.
Thank you so much. ­

 

[Rob_TO]

Yours is an interesting case. Rules state that as long as you are living with your Canadian citizen spouse, you can be anywhere in the world and your time will still count towards your residency obligation. The rules don't state that the spouse you live with needs to be the one that sponsored you. So technically if a PR divorces their spouse they got PR under, then marries a new Canadian citizen, they could live with their new spouse anywhere in the world and be ok for meeting RO.

So IMO, I think you are fine. They should count the time during the first marriage to your husband, and then all the time during your 2nd marriage to him. The only time that won't count is the 9 months you were separated, but since you are allowed to be outside Canada up to 3 years before you do not comply with the RO, a 9 month time-frame not counting to RO will be fine.

Also the separation/re-marriage all took place within the last year. So even if CIC refused to count the time you lived with him after getting re-married, it still doesn't sound like you will come close to being 3 years outside Canada so again you should be safe.

Hopefully you have some proof that you have been living together all this time, in case they ask.

 

[kateg]

I would concur that yours is an interesting case.

For the form, I'd suggest including a letter of explanation stating what happened and the dates, and putting the second marriage date on the form itself (it's technically when you married your latest spouse). Include a copy of the divorce and marriage certificates (if any).

As Rob_TO said, the second part won't matter (as you meet the RO). With a 15 year marriage, they aren't going to be worried about marriage fraud, either (particularly if you meet the RO without the remarriage).

It may cause a delay, but I wouldn't expect it to be a huge one. PRTDs are fast, and you meet the RO. It will not affect your status negatively.

 

[Zizokat]

Thank you so much Kateg and Rob for your replies, I really I appreciate it since I think also that my case is kind of challenging.

I am just wondering, about 4 things:

1) What kind of delay might this temporary divorce cause with my travel document application?

2) Is there any possibility CIC will revoke my PR and start counting again and consider it as a fresh new sponsorship or application?

3) I heard that divorces outside Canada are not legally recognized unless the two want to prove it and certify it in Canada, but actually my husband and I got remarried again so we won't need this at all.

4) Because of the possible delay and because of number 3 as well, would it be OK to just mention the first initial marriage date that all our papers and my file was based on, and don't mention the second one and save all the delaying time? because actually we want to catch the remaining time of the school year for the kids and be there in April.

I am sorry for my long questions and I really appreciate it.
Thanks.

 

[kateg]

1) What kind of delay might this temporary divorce cause with my travel document application?

I wouldn't expect it to take more than a few weeks, for what it's worth.

2) Is there any possibility CIC will revoke my PR and start counting again and consider it as a fresh new sponsorship or application?

No. You met the residency obligation. There is nothing in the law to "revoke and restart", and they have to follow the law. The residency obligation is a function of time, not spouse - you could spend a year working for a Canadian company abroad, then a year married to a citizen, and that would count (even though they are not the same thing). It's counted per day, not per spouse.

3) I heard that divorces outside Canada are not legally recognized unless the two want to prove it and certify it in Canada, but actually my husband and I got remarried again so we won't need this at all.

Canada isn't required to recognize your divorce, however, as a matter of general policy, they will - provided that the spouse lived for at least one year in the country of divorce. The intent is to prevent someone running off to another country and divorcing quickly to avoid supporting their spouse or children. If you both lived in the country, and remarried afterwards, there would be little reason for them to not recognize it.

4) Because of the possible delay and because of number 3 as well, would it be OK to just mention the first initial marriage date that all our papers and my file was based on, and don't mention the second one and save all the delaying time? because actually we want to catch the remaining time of the school year for the kids and be there in April.

Be open and honest. You don't want to cause problems if it comes up later. Misrepresentation is one of the things that can result in loss of Permanent Residency, and banning from the country.

 

[Zizokat]

Thank you so much Kateg, your answer was very informative.
Thanks a lot

 

[kateg]

Thank you so much Kateg, your answer was very informative.
Thanks a lot

Glad to hear it.

I'd also like to mention that your Permanent Residency is your own. For marriages after 2012, that are less than two years old, with no children, they grant what is called Conditional Permanent Residency. They are required to live together with their sponsor for two years unless there is abuse.

For anyone not in that situation, their Permanent Residency is not tied to their spouse. In the event of divorce, their Residency Obligation does not get credit for new days spent with their former spouse, but each day spent accompanying their Citizen spouse prior to the divorce does. They would then need to return to Canada to maintain their permanent residency, or marry another Citizen.