Sponsoring my same sex partner

[Dugmac]

Hi there

I am a Canadian citizen born and currently living in the UK. I have a question about sponsoring my same-sex British partner (we are not married but he has lived with me for three years) to move to Canada with me. I have reviewed the documentation on the CIC website and elsewhere and was hoping someone could confirm my understanding of the process is correct:

1. I would sponsor him as a common law partner to obtain Permanent Residency (PR) status.
2. Obtaining PR status takes approximately one year from application
3. Once he is PR, he can work in Canada.
4. He doesn’t have to move to Canada straight away once he is PR but has to have lived there for at least 2 years in a 5 year period, otherwise it will expire.
5. Once he has lived in Canada for 4 out of 6 years he can apply to be a Canadian citizen.

Could someone please confirm my understanding is correct or if there is anything else I need to consider?

Also, if the PR status has expired (because either points 4 or 5 above have not been satisfied) is it possible to reapply for PR status? Is the process any different the second time round or would it be like starting from scratch?

Thanks so much for your help

Kind regards

Dugmac

[SettlementOrgMod]

Hello Dugmac,

Thank you for sharing your situation and question with us.

Regarding your question about the points you stated,

1. I would sponsor him as a common law partner to obtain Permanent Residency (PR) status.
2. Obtaining PR status takes approximately one year from application
3. Once he is PR, he can work in Canada.
4. He doesn’t have to move to Canada straight away once he is PR but has to have lived there for at least 2 years in a 5 year period, otherwise it will expire.
5. Once he has lived in Canada for 4 out of 6 years he can apply to be a Canadian citizen.

From what other users have shared with us, it generally takes at least a year or more to obtain PR status from the time of application. Unfortunately, there are no guarantees in terms of how long it can or will take.

It is also important to note that regarding point #4, he must land before his COPR expires.

Regarding your other questions,

Also, if the PR status has expired (because either points 4 or 5 above have not been satisfied) is it possible to reapply for PR status? Is the process any different the second time round or would it be like starting from scratch?

It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

This means that your PR status needs to be formally removed.

You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website, Here is an excerpt,

Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:

• an adjudicator determines that you are no longer a permanent resident following an inquiry; or- a visa officer determines you do not meet the required residency when you apply for apermanent resident travel document or temporary resident travel document.
  You may lose your permanent resident status in one of the ways described above if:

• you do not live in Canada for two out of five years;- you are convicted of a serious crime and told to leave Canada; or- you become a Canadian citizen.
  You do not lose your permanent resident status if your PR card expires.

According to the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

It also states in relation to the process of loss of permanent residency,

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

Yes, it is possible to re-apply for PR status however, it would be a process that would start from scratch. Unfortunately, we cannot give you any guarantees regarding whether or not a new process will be successful. It is not recommended that someone unnecessarily go through this process. It is best to avoid it and maintain PR status.

We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[Dugmac]

Thanks so much Anna

Just a question regarding your point “It is also important to note that regarding point #4, he must land before his COPR expires.” I’m not sure I understand what you mean by “lands”.

Would the following situation be ok with regards to his PR status not expiring?/:

1/1/19 - gets PR
1/1/21 - lives in Canada for one year and then leaves
1/1/23 - lives in Canada for one year and then leaves
1/1/26 - moves to Canada permanently

Kind regards

Dugmac