HOW TO REUNION WITH WIFE WHENSHE LOSTHER PR STATUS |
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viren878
New Member Joined: 10 Mar 2010 Location: toronto Status: Offline Points: 3 |
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Posted: 10 Mar 2010 at 10:05pm |
Hi
My wife lost her PR status as she did not fulfill the residency requirements due to some unavoidable reasons, me and my son stay in canada, in this situation if she wants to comeback again then is there any other way except spousal sponsorship, if no then what problems we can forecast when we apply for spousal sponsorship and how much more time it will take as once she was granted PR status but she lost it.
Thanks and regards Edited by viren878 - 10 Mar 2010 at 10:08pm |
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scylla
Top Member Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 838 |
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Yes - you will have to apply to sponsor your wife from scratch and you will have to complete a full spousal sponsorship application (including medical, police certificates, etc.).
The timelines are posted here: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp |
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Outland Spousal (Buffalo):
App recd: 05/28/2010 Sponsor approved: 06/28/2010 Processing started: 08/19/2010 Passport request: 10/01/2010 Landed: 10/05/2010 |
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tanushree.tiku
Top Member Joined: 12 Jan 2010 Status: Offline Points: 801 |
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need to complete a full sponsorship application
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viren878
New Member Joined: 10 Mar 2010 Location: toronto Status: Offline Points: 3 |
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ok thanks for the replies, but in my situation are there any special questions like she was already granted the pr status but she failed to keep it up and why she is trying to get it again,
i am curious to know these issues so that i can prepare better my self abt the application and time schedule.
thanks and regards
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matthewc
Average Member Joined: 25 Jan 2010 Location: Hamilton, ON Status: Offline Points: 273 |
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No, like the others said, if she has already lost her PR status, you are back to square one, and have to submit a new sponsorship application from the start, including paying new processing and RPRF fees.
http://www.cic.gc.ca/english/information/applications/fc.asp If the revocation of her PR status is not yet complete, maybe you could appeal on H&C grounds (best interests of a child affected by the decision), but if her status is already gone, and you did not appeal at the time, you have to start again. |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Ditto . . . assuming her PR status is formally, officially gone.
I am curious, however, if there was an actual adjudication revoking her PR status. Just because she has stayed abroad long enough to fail to meet the PR residency requirements does not mean she automatically has lost PR status. (If she has not yet formally, offically had her PR revoked, see a lawyer, really, see a lawyer; this is the sort of situation that might be salvaged but it could be tricky accomplishing that.) If she has, indeed, formally lost her PR status, I believe the others are correct. But in that case, you are also right to be concerned about the issues that might arise . . . why the lengthy separation? Certain assumptions are inherent: if you are a Canadian citizen and you were living with her abroad, that time would count toward meeting the residency requirement; if you are yourself a PR and were living abroad with her, then you too would have residency requirement problems; so I am assuming that one way or the other you were separated for a lenghty time. A lengthy separation may lead to inferences that the previous relationship was terminated or otherwise is not genuine. You will need to examine your circumstances with this in mind and carefully navigate your way through the application process to steer clear of the pitfalls such inferences might create. It is too complicated to speculate about all the possible scenarios there could be. For now, just be aware that if you are starting over, you must once again establish the existence of a qualifying relationship (and if that is based on events prior to her loss of PR, you need to evaluate if the circumstances could lead to the inference that that relationship has been terminated, and so ascertain whether you need to establish a new relationship (marry again, live together for a year to meet common-law, or such). You must also establish the genuineness of the relationship, and again, if the nature of the separation leads to inferences about the termination or breakdown of the relationship, you may have to more convincingly prove the genuineness of the relationship since then. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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