Unable to apply for new pr stream after separation?

[TeaAndTundra]

Hi all,

I've just got off the phone with a friend of a friend who is an immigration lawyer and am looking for some confirmation on what he was saying. I emigrated to Canada under the common-law sponsorship program and successfully got my pr a while ago. Unfortunately, as these things happen, my partner and I have decided to separate and move apart, before the end of the two year condition imposed on my permanent residence.

Leaving aside the morally dubious option of not informing cic, my intention was to reapply under another work or Canadian Experience class stream to eventually be allowed to return back. The conversation I had with the lawyer suggested that since I already have a pr I would not be allowed to apply for another immediately once my relationship has been dissolved. Instead I would have to wait 2-3 years before making another attempt.

Does this sound correct to people? I was under the impression that if your current application or pr was removed then you were at liberty to start again or through a different visa stream without there being a problem. I'd be interested to hear what everyone thinks.

 

[Pipis Husband]

Hi all,

I've just got off the phone with a friend of a friend who is an immigration lawyer and am looking for some confirmation on what he was saying. I emigrated to Canada under the common-law sponsorship program and successfully got my pr a while ago. Unfortunately, as these things happen, my partner and I have decided to separate and move apart, before the end of the two year condition imposed on my permanent residence.

Leaving aside the morally dubious option of not informing cic, my intention was to reapply under another work or Canadian Experience class stream to eventually be allowed to return back. The conversation I had with the lawyer suggested that since I already have a pr I would not be allowed to apply for another immediately once my relationship has been dissolved. Instead I would have to wait 2-3 years before making another attempt.

Does this sound correct to people? I was under the impression that if your current application or pr was removed then you were at liberty to start again or through a different visa stream without there being a problem. I'd be interested to hear what everyone thinks.

The lawyer is right I'm afraid. You would first have to surrender your current PR which has its own conditions you are no longer able to meet before applying under a new stream. You might consider working on your relationship with your partner for the sake of what you have together, it never hurts to try. All the best.

 

[Pippin]

I haven't had any experience with this aspect of Imm, but something is telling me to check the rules regarding your PR. Somehow I think the new government may have removed that two year stipulation. I will have a dig around, but I suggest you also check for the most recent changes. I hope my memory isn't playing tricks on me. Good luck.

 

[Pippin]

Perhaps it is still in the planning stage. http://www.cic.gc.ca/english/department/acts-regulations/forward-regulatory-plan/new-sponsored-spouses.asp