joe.bloggs

applied & received PR in 02 , family moved over & stayed , I couldn't find equivalent/reasonable paid job, had to return to UK , made regular trips every 6 months , stopped by immigration in 08 & canceled my PR .

Q : Can I reapply for PR via my partner whos in now a can citizen ?

Zoe Bell

I don't see why not , I think there is a question about whether you've ever been granted PR before , on the forms. Be prepared to answer questions and provide details

joe.bloggs

thanks , for reply .
has anyone experiecne of this scenario ? as I had conflicting info from a few a people ,including immigration consultants advised YES & another said NO difficult, subject to compassionate grounds including long appel process ?

ALSO not sure weather i should i apply myself or via consultant ..AND apply in canada or UK ?

christmasoompa

I also think you can reapply, as for where you apply it will depend - where is your partner now? And where are you?

joe.bloggs

partner in canada , me in UK . (would prefer applying in canada ,would i have better chance in canada, longer process, no work, may get refused OR apply here in uk ?)

christmasoompa

If you are in different countries, then are you sure you qualify as common-law partners? When did you live together and for how long?

Regarding applying, there is a Wiki article about which route to use...........http://britishexpats.com/wiki/Spousa...sorship-Canada

joe.bloggs

I think there some slight confusion
"applied & received PR in 02 , family moved over & stayed"
I was the primary applicant in 02 & thus whole family moved over & stayed & ALL got canadian citizenship , but i couldn't find suitable work & thus had to return to work in UK to pay for all that expensive uni education & big house in canada etc...

christmasoompa

I understand that, but it doesn't change anything. Your Canadian citizen partner may be able to sponsor you for PR, but unless you are married (I assume not as you say 'partner' rather than husband/wife) then you must make sure you are eligible as her common-law partner.


So, when have you lived together and for how long?

joe.bloggs

20 years plus , living together upto 2002 , But still together, only diffrence being me this side and family otherside of the water including me paying the bills, as sole bread winner of the family..

hope it make it a bit more clear .

christmasoompa

Sorry to say but I don't see how she can sponsor you if you've been living apart since 2002. I realise you are still part of the family etc, but for her to sponsor you as a common-law spouse, you must prove you live together in a 'marriage like' relationship, and have done so for a year or more.

If you're not currently living together then you won't meet that criteria I'm afraid. Your only options would be to either try and find a visa another way (i.e. Skilled Worker/job offer etc), or to marry her and then she can sponsor you as her spouse.

Hope that helps, good luck.

Siouxie

You are going to have to supply a lot of proof to CIC that despite the fact you are not living together, a common-law partnership still exists.

OP2 states: http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control).

Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

I think the biggest problem is the length of time that you have lived apart - 8 years. Being in a "common-law" relationship the onus is on you to prove that your relationship has been ongoing.

I think they will question why it has taken you 8 years to return to live with your family, and what steps you took to try to return earlier (applications for jobs in Canada etc.)

Your other options would be to return to Canada and live with your family for a year and apply as common-law in that way, marry. or as stated apply under a different catagory.

You could possibly try to keep your original PR under humanitarian and compassionate grounds, however, according to Canlii cases these are often dismissed (although it does give some hints as to what they are looking for).

".... In the weighing and balancing process required to exercise its humanitarian and compassionate jurisdiction and to arrive at a decision, the panel agrees with and has followed the findings of Member Workun in the Arce[3] decision as to the appropriate factors to consider in this type of residency appeal.

Briefly, those factors include the appellant’s initial and continuing degree of establishment in Canada; his or her reasons for departure from Canada; reason for continued or lengthy stay abroad; ties to Canada in terms of family; whether reasonable attempts to return to Canada were made at the first opportunity; hardship to the appellant and/or family members should the appellant lose his or her permanent resident status; support available from family and other people in the community in Canada; best interests of any child who may be directly affected and, generally, whether or not there are unique or special circumstances present in the case such as to meet the Chirwa[4] standard for discretionary relief.

These considerations are not exhaustive; however, they do provide a useful starting point in the assessment of this type of appeal..." (allowed)

Hopefully, someone with more experience can advise you as to your best course of action.

mathewpsimon

Hi siouxie/christmasoompa,

In this case of joe.bloggs assuming he is married and and still not divorced and every 6 months he is going to Canada and staying with wife and kids and his PR gets expired.Can his spouse not apply for PR again for him as family class or something ?
This is my question not joe.bloggs

Alberta_Rose

Sorry .... I'm still confused. You say you ALL got Canadian Citizenship? ... or all but yourself?

christmasoompa

If he were married, that would be exactly what he should do - but my understanding is that they are not married. So she would have to sponsor him as a common-law spouse, and for that they'd have to prove they've lived together recently which doesn't appear to be the case. Or going down the route Siouxie has outlined, but that's incredibly difficult and unlikely to be approved, plus would need a good lawyer so not be a cheap route!