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Urgent help! can my spouse cancel my PR?

Discussion in 'Permanent Residency Obligations' started by Jinal Panchal, Jun 18, 2019.

  1. I got married in Nov.2013. I came to canada with spouse on dependent open work permit in Dec.2014. Then became PR on dependant federal skilled worker programme in July 2016. On January 2019 both travelled to backhome and had internal dispute and we were on stage of divorce. Inlaws took away all my canadian ID's and Indian passport and made me sign on divorce paper forcefully in India. They mention in divorce petition that we used to lived separate since Dec.2016. which is not true. We really had a genuine marriage. we lived together untill we left canada on Jan.2019. later on I brought stay on divorce procedure.Right now i am in India and spouse ran away to canada without letting me know. If i get divorce in India, - My questions as follow's
    1. can my spouse cancel my PR with my duplicate signature and photos or any other way because i am dependant PR?
    2. They mentioned in divorce petition that we used to live separate and they made me sign on papers- that thing can be cause of PR cancellation?
    3. if i get divorce in india and come to canada with spouse's name on passport and PR card, with divorce decree- those docs are good to go through immigration process on airport?
    4. After entry in canada what name changes process should i do for my canadian ID's and passport?
    Please need prompt reply.
    Thank you.
     
  2. 1. No. You are the only person who can revoke your PR status.
    2. No.
    3. You don't need any of these documents. You would simply use your PR card to re-enter Canada. CBSA/IRCC don't care that you are now divorced.
    4. It depends on the province. Google "changing my name in <province name>".
     
    Jinal Panchal likes this.
  3. Thank you a lot Scylla for prompt reply.
     
  4. Any Other suggestions?
     
  5. @scylla has already answered.

    You are not a "dependent PR". There's no such thing.

    You are a Permanent Resident of Canada and your status is not dependent on anyone else. Don't worry about your in-laws or husband, they can't do anything to your PR status.
     
    YVR123 and Jinal Panchal like this.
  6. Thanks for reply
     
  7. Should mention that you are still responsible for meeting your RO. A divorce in Canada may be a better and easier idea.
     
  8. Sorry i didn't get your point, what's RO.
    they dont want me to divorce in canada, that's why they took my PR and passport. They dont want to give me anything.if i get divorce in backhome then i get my docs and able to travel canada.
     
  9. My concern is only my PR status in canada. It sould be secure.
     
  10. RO is residency obligation. I have heard that Indian divorces can take a long time. if you have shared property or you are entitled some support even short term Canadian divorce will focus on legal matters versus cultural or family issues. You don't need a divorce to go back to Canada you can contact the consulate or embassy to get a prtd.
     
  11. Divorce matter in india is fine for me. We dont have any property in canada so far.After PR I lived with husband 2.5 years. I don't want anything from spouse after divorce. Just worry about PR status.
     
  12. You don't need your PR card. You can contact the Canadian consultate and apply for a PRTD. You will need your passport though.

    This is the time to go talk to a family lawyer in India. Your situation isn't really an immigration issue.
     
  13. Is it possible name change process in PR card from outside canada? Suppose i get divorce in india and after divorce decree comes, am i able to apply for remove husband's name and reuse father's name on PR card from india?
    How do i get updated prcard outside canada?
     
  14. #14 Bs65, Jun 29, 2019 at 2:31 AM
    Last edited: Jun 29, 2019
    Unfortunately and others can correct me believe it would be the same condition as getting a new card which can only be applied for from within Canada not from outside.

    As and when you plan to travel to Canada you could apply for a PRTD in your new name and associate that with a new passport as long as you provide the legal documentation supporting the name change in much the same way as if applying for a new card in a new name. As above post you will need to obtain a new passport before applying and also keep hold your old passport in old name even once cancelled.

    http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=721&top=4
     
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