Can Parent sponsor a 23 year olad son ?

[kiwi1959]

Hi

My eldest son's PR Card expires in couple of weeks. He obtained his PR when his was 17 with all of us as family.
He only spent a week in 5 years in Canada as he continued studies in Europe unfortunately.
My wife and 2 younger child are PR and well settled in Ontario.

Q1- Can my wife sponsor my eldest son (23 year old) who is still need 3 more years to obtain his university diploma from Europe ?
Or as Adult now, he must apply for immigration as independent:
- if as Student ? but he's still studying and he's not planning to join other Universities in Canada once he finishes.
- if as Skilled worker ? but he has no experience yet.
The idea is that he should be able to enter Canada as PR immediately after obtaining his diploma.

Q2- In the meantime, shall he relinquish his PR Card and surrender it to the Embassy first, before my wife starts the sponsorship procedure ?

Thank you for any idea you may help with.

 

[Rob_TO]

Hi

My eldest son's PR Card expires in couple of weeks. He obtained his PR when his was 17 with all of us as family.
He only spent a week in 5 years in Canada as he continued studies in Europe unfortunately.
My wife and 2 younger child are PR and well settled in Ontario.

Q1- Can my wife sponsor my eldest son (23 year old) who is still need 3 more years to obtain his university diploma from Europe ?
Or as Adult now, he must apply for immigration as independent:
- if as Student ? but he's still studying and he's not planning to join other Universities in Canada once he finishes.
- if as Skilled worker ? but he has no experience yet.
The idea is that he should be able to enter Canada as PR immediately after obtaining his diploma.

Q2- In the meantime, shall he relinquish his PR Card and surrender it to the Embassy first, before my wife starts the sponsorship procedure ?

Thank you for any idea you may help with.

As of Jan 2, 2014 the rules are changing so max age of dependents to qualify for family-class, will be under 19 years old and no more exception for being enrolled full time in university.

I'm not sure the process of how his PR status would actually be relinquished, but after that he must qualify to get new PR status on his own.

 

[truesmile]

Just to be clear, are you saying he needs to stay in Europe for another 3 years? If not, can he come to Canada before his PR card expires and remain for the next 2 years? I mention that, since you are able to renew your PR card when it best suits you, even way after it has expired (so long as you are inside Canada).

 

[scylla]

Realistically I think your son has two choices at this point:

1) Drop his studies in Europe and return to Canada to live permanently before the PR card expires. Once in Canada, live here for 730 days without leaving for even a day and then apply to renew the PR card.

2) Continue with his studies in Europe and apply to immigrate to Canada independently at a later date (if/when he qualifies). Unlikely he will qualify to apply immediately after finishing his studies.

There is a small chance that his mother could sponsor him as a dependent (provided she can prove he is in fact a dependent and has been in school full time without a break). However as Rob_TO indicated, the sponsorship application MUST reach CIC before January 2nd. And he would have to formally relinquish his PR status first.

 

[kiwi1959]

Thank you both for your replies.

In response to truesmile:
- His PR expires in 2 weeks and he can't interrupt his university program to join Canadian universities unfortunately.
- Yes, he must stay 3 more years in Europe to obtain his 5 year engineering diploma.

In reply to Rob_TO:
- if he applies for his own, the process would take couple of years, which is Ok (no rush as he won't be ready before 3 years).
But in case he has to start the process from now, under which category he should apply ? (Same questions as in my initial posting)

 

[zardoz]

I don't think he would have any option except as a "skilled worker".

Study related PR are, as far as I am aware, only available to those that studied in Canada. (I'm thinking PGWP leading to CEC application.)

 

[Rob_TO]

1) Drop his studies in Europe and return to Canada to live permanently before the PR card expires. Once in Canada, live here for 730 days without leaving for even a day and then apply to renew the PR card.

However upon returning to Canada, the immigration officer could see he has no chance to meet the 2-in-5 years requirement, so could report him to CIC and have his PR forcibly removed. Not sure how often this happens though.

In reply to Rob_TO:
- if he applies for his own, the process would take couple of years, which is Ok (no rush as he won't be ready before 3 years).
But in case he has to start the process from now, under which category he should apply ? (Same questions as in my initial posting)

He will first need to see exactly HOW he intends to qualify to come to Canada. As zardoz said, skilled worker seems to be best option. This is of course assuming whatever occupation he intends to get, will qualify for the skilled worker program.

 

[truesmile]

However upon returning to Canada, the immigration officer could see he has no chance to meet the 2-in-5 years requirement, so could report him to CIC and have his PR forcibly removed. Not sure how often this happens though.

I recall a senior here posting that your number of days get counted when you apply to renew your card, and so long it is valid on the day that you travel, you can re-enter Canada. This point is now moot however for the OP.

 

[scylla]

But in case he has to start the process from now, under which category he should apply ? (Same questions as in my initial posting)

He's going to have to figure this out himself (or hire a consultant/lawyer to assist him). He can read about the options here:

http://www.cic.gc.ca/english/immigrate/apply.asp

Based on the information you've provided so far, there's no category he qualifies to apply under. If he can secure a permanent job in Canada, then this could open a few doors.

Realistically he will likely have to complete his studies first and get a few years of work experience before he will qualify to apply. Consequently I don't think he should expect to be able to migrate to Canada as soon as he's finished his studies. It will likely take several additional years.

 

[kiwi1959]

Thank you all for your input.

 

[screech339]

Even though the OP's son was to graduate as an engineer, the skilled worker visa is focusing on blue collar work experience. Not so much for university educated degree workers. The skilled worker visa is dependence on labour demand in Canada which is mostly manual labour work, blue collar work.

So he qualifies for skilled work visa he would have to wait until there is a demand for engineers in his field of work to qualify.

Screech339

 

[screech339]

Can the OP's son look into applying for IEC if he qualifies for it depending on country where he is from. It is one option that he can take if he wants to be with his family for short term.

Screech339