August 24, 2009

I Would Like to Apply Again

Q. I became a permanent resident in 2003. My PR card expired in 2008. When I applied for immigration I declared that I was not married. At that time, I was about to separate from my wife, but later on we patched-up, but I did not inform the CIC and landed as “not married”. After landing, I just stayed in Canada for 4 months and returned back home. I have also some misstatements in my application, therefore I would like to renounce my PR status and re-apply anew on accurate data.

A. This is quite a complex matter. First, your admission of having misrepresenting yourself in the previous application in a number of ways will clearly impact the likelihood of maintaining or reacquiring permanent resident status. Although you landed as a permanent resident in 2003 it seems that you have not met your residency obligations and likely lose your status. However, in the system you are still a permanent resident. Until you attempt reentry or renounce your status technically you remain a permanent resident. If you do seek to renounce your status you will have to contact the Canadian Visa office in your country or surrounding area to renounce your permanent resident status.

At that point you may apply again with your spouse but it may not be as easy as simply wiping the slate clean. A misrepresentation finding may be made against you with a two year ban from Canada and your spouse, if previously not declared, may not be sponsored by you for life. In short, serious consequences may flow from your previous application. Although there are options you should not take any steps, even renouncing your previous status, unless under the assistance of an immigration lawyer as the consequences in cases like yours are serious and lasting. Good luck!