Is it really possible ??

[_Harry_]

A friend of mine claimed that he had filed a petition to the CIC for the Canada PR on the basis that his parents had gotten PR some 10 yeas back and at that time he was minor. His parents didn't stay long in Canada and lost their PR eventually.

He claimed that the petition/request is stating the fact that the time his parents got the PR, he was minor and couldn't hold or continue the PR status and had to move back to India with his parents. Now as he is adult and have sufficient qualification (Masters in Business - MBA) and perhaps some IELTS good score, he had request CIC to grant him PR.

He also claimed that his request has been accepted and he is awarded PR.
I am little skeptic and not able to digest all this.

Is this really possible?
Can someone get a PR just because his parents had PR once and based on the above scenario of being minor and everything?

 

[legalfalcon]

A friend of mine claimed that he had filed a petition to the CIC for the Canada PR on the basis that his parents had gotten PR some 10 yeas back and at that time he was minor. His parents didn't stay long in Canada and lost their PR eventually.

He claimed that the petition/request is stating the fact that the time his parents got the PR, he was minor and couldn't hold or continue the PR status and had to move back to India with his parents. Now as he is adult and have sufficient qualification (Masters in Business - MBA) and perhaps some IELTS good score, he had request CIC to grant him PR.

He also claimed that his request has been accepted and he is awarded PR.
I am little skeptic and not able to digest all this.

Is this really possible?
Can someone get a PR just because his parents had PR once and based on the above scenario of being minor and everything?

Very difficult, but will depend on the circumstances.

Minors who left in order to accompany parents

Under the former Immigration Act, if a child under 18 years of age left Canada with their parents and, after becoming an adult, sought to re-enter Canada as a permanent resident, jurisprudence dictated that the person could not have formed the intent to abandon Canada as a child and therefore retained permanent resident status.

In IRPA, intent to abandon is no longer the test for retaining permanent resident status. Therefore, the inability to form “intent” no longer results in automatic retention of permanent resident status. The new test requires that humanitarian and compassionate considerations be taken into account. Although the reasons for leaving and remaining outside Canada may be considerations, the fact that a minor did not have the intention to abandon Canada or left as a dependent is not determinative.

For details see- http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

 

[_Harry_]

Very difficult, but will depend on the circumstances.

Minors who left in order to accompany parents

Under the former Immigration Act, if a child under 18 years of age left Canada with their parents and, after becoming an adult, sought to re-enter Canada as a permanent resident, jurisprudence dictated that the person could not have formed the intent to abandon Canada as a child and therefore retained permanent resident status.

In IRPA, intent to abandon is no longer the test for retaining permanent resident status. Therefore, the inability to form “intent” no longer results in automatic retention of permanent resident status. The new test requires that humanitarian and compassionate considerations be taken into account. Although the reasons for leaving and remaining outside Canada may be considerations, the fact that a minor did not have the intention to abandon Canada or left as a dependent is not determinative.

For details see- http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

Thank you LegalFalcon.

So based on the fact my friend mentioned and info shared by you, it is POSSIBLE that his claims are true and he might actually have gotten the PR based on his petition/request.

Am I correct to comprehend your views here?

 

[scylla]

Thank you LegalFalcon.

So based on the fact my friend mentioned and info shared by you, it is POSSIBLE that his claims are true and he might actually have gotten the PR based on his petition/request.

Am I correct to comprehend your views here?

It's definitely possible if you are young enough - lots of cases of this on this forum. If he's in his teens or early twenties - it's possible. Once someone is older - no longer possible.

 

[_Harry_]

It's definitely possible if you are young enough - lots of cases of this on this forum. If he's in his teens or early twenties - it's possible. Once someone is older - no longer possible.

Thank you for clarifying.