PR status question.

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Franck Ventura

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PR status question.
« on: March 27, 2016, 10:11:44 PM »
Hi, this is my problem :

my wife became a PR in 2012 and then she sponsored me and I became a PR in January 2014 ( We are both from Honduras ) but unfortunately i came back to Honduras in November 2015 due to marriage issues and now she wants the divorce. I want to come back to Canada but im affraid that they would deny me the entrance because i wouldnt be with her anymore. I was told that my PR was like conditional and had to be 2 years with her and that time already has passed ( Jan 2016 ) and we are still married because the paperwork for the divorce hasnt been filled out yet. If I come back to canada i will go to another city such as Montreal or Hamilton, Ontario. I need your experts opinion.

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Riley Haas

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Re: PR status question.
« Reply #1 on: March 28, 2016, 09:00:07 AM »
From what you've told me, you're a Permanent Resident. Do you have a valid PR Card? Travel back to Canada as soon as you can.

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Franck Ventura

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Re: PR status question.
« Reply #2 on: March 28, 2016, 08:55:00 PM »
yes, my PR card expires in 2019.   I would love to go back to Canada , but again Am i going to have issues  because of my problem that i just mentioned ? Ive been told as well that Quebec has different laws than the other provinces, would it be a problem ?

thank you for your response.

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Riley Haas

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Re: PR status question.
« Reply #3 on: March 29, 2016, 09:10:08 AM »
You won't have a problem until the paperwork is filed and IRCC is informed about it. However, it's worth noting that the current government is removing the conditional residence period. I have no idea when this will come into effect or whether or not it will be retroactive, but if you want to maintain your status come to Canada as soon as possible. Even if your wife acts to get rid of your conditional status, you may have grounds for an appeal.

I would say that, once here, you should contact a consultant or a lawyer as this is a situation that could be complicated if you wife decides to inform IRCC about the divorce. (By the way, our consultants do consultations for CAD$150+HST and you can book one by emailing info@immigroup.com)

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Franck Ventura

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Re: PR status question.
« Reply #4 on: March 29, 2016, 02:54:39 PM »
she told me that she already informed that we are going to divorce. im not sure if she call IRCC but when i left she was filling out the paperwork to apply for the citizenship, so she might wrote down that we are not living together in the form and thats it. Lets say that she called IRCC , would it be a problem at the moment that im about to entry to Canada ??

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Riley Haas

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Re: PR status question.
« Reply #5 on: March 29, 2016, 03:34:56 PM »
Hi again,
Here's the reason why it may not be an issue when you land in Canada:
CBSA, the people who handle your entry, and IRCC, the people who handle immigration, are not the same, and are not normally allowed to share your information without your permission.
Of course, in the case of conditional PR, this may not be true - there may be some procedure that allows IRCC to inform CBSA about those who have lost their conditional permanent residence, but I do not know and I'm not sure who would know that for sure, beyond a lawyer or consultant who has handled a similar case.
The way for you to find out whether or not you still have your status is to come to Canada and present your PR Card as proof of status. If you're let in, then you can find a consultant or lawyer to help you out. Sorry I can't give you more of a definitive answer.

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Franck Ventura

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Re: PR status question.
« Reply #6 on: March 30, 2016, 09:01:02 PM »
thank you so much for all your help and time. Ill take the risk and will fly to canada ASAP. hopefully everything is gonna be fine. 

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Riley Haas

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Re: PR status question.
« Reply #7 on: March 31, 2016, 08:52:17 AM »
You're very welcome. Good luck to you.

 

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