Children Do Not meet PR Renewal - Advice Needed

[luppal]

Hi,

I had a question as to the PR residency requirement. Parents and children have PR status. The family has moved back to India for awhile and children now attend school there. It is time to renew there residency requirement. The parents qualify but both children, minors, will not meet the residency requirement of 730 days. Parents are wondering what to do? Should they bring children back to Canada/ will they have to status?

1. How can the children still maintain PR status in Canada?- can any exceptions be made?
2. What will happen if they lose there PR status? What will need to be done.

I would really appreciate if someone can help me with this question.

 

[Leon]

Hi,

I had a question as to the PR residency requirement. Parents and children have PR status. The family has moved back to India for awhile and children now attend school there. It is time to renew there residency requirement. The parents qualify but both children, minors, will not meet the residency requirement of 730 days. Parents are wondering what to do? Should they bring children back to Canada/ will they have to status?

1. How can the children still maintain PR status in Canada?- can any exceptions be made?
2. What will happen if they lose there PR status? What will need to be done.

I would really appreciate if someone can help me with this question.

If the family want to keep their PR's, they will have to move back to Canada anyway. It is not enough for the parents to meet the residency requirements once. They will have to continually meet them for any rolling 5 year period.

Therefore they should move back while their PR cards are still valid.

The parents can apply to renew their PR cards if they meet the residency obligation but they should not apply for the kids until they have 2 years in Canada. The kids are still PR because their PR status has not been revoked and as PR's they have the right to live in Canada.

If they do not go back and let their PR cards expire, the parents can still apply for travel documents to go back if they still meet the residency requirements and they could apply on behalf of the kids based on the kids not meeting the requirements because the parents made them stay in India and not because of the kids own doing. In case the kids were refused travel documents, they would likely lose their PR status. One parent would then have to go to Canada to sponsor the kids again which means the family would be split up during the processing of the sponsorship plus they'd have to pay the fees, get the medicals etc. again.

 

[luppal]

Hi Leon,

You are an excellent resource. I have read your other posts in this discussion group and am very impressed by your knowledge and dedication to educate the public. Thank you.

Thank you for your prompt reply. I am just seeking some clarification in regards to the request for travel documents. In this scenario, the parents do not wish to remove the children and bring them back to Canada as they are studying. Currently, the family needs to renew there PR to remain PR of Canada. The parents met the requirements and the children do not.

1. Should the children, alongside the parents apply for renewel even though they know they do not meet the requirments?
2. What will happen once Immigration Canada finds that that children do not meet the requirement. You mentioned that the parents could apply on the bahalf of the kids? - Do you mean that they could mention in their PR application that parents made the kids stay in India and not because of the kids own doing?
3. Do the parents - which meet the requirements of 730 days- have to be physically present in Canada to renew?

Thank you in advance.
Lucky

 

[Leon]

This family needs to make a decision if it is more important for the children to continue studying in India or for the family to keep their PR. They can not do both.

They do not need to renew their PR cards in order to keep their PR status. The PR card expiring is ok if the person still meets the residency obligation. Even when outside Canada, they can apply for a travel document in order to return, but only if they still meet the residency obligation.

If they wish to renew their PR cards at this point, the parents can because they meet the residency obligation but the application must originate in Canada but it is not specified that they themselves must be in Canada. However, they need a Canadian mailing address if they do this. They need someone to mail the application from inside Canada and whose address they could give in case immigration mails the PR cards because they will not mail them outside Canada. It is also possible that immigration will require them to pick up the PR cards in person in which case they'd have to travel. As for the children, I do not see the point of applying to renew their PR cards at this point as they do not meet the residency obligation and they will not get them renewed.

Further, having renewed the PR card does not mean that they are happily PR and untouchable for the next 5 years. Like I said, they must continue to meet the residency obligation in any rolling 5 year period so even with a valid PR card, if they do not meet the residency obligation any more, it is possible that as they are examined by immigration, possibly trying to enter Canada or having gone to Canada and wanting to sponsor their children who have lost their PR, their PR status could still be revoked in spite of a still valid PR card if they do not meet the residency obligation.

As for the children, there is a loophole which is that if the family continues to stay outside Canada to the point that the children are young adults and these children wish to return to Canada, they could apply for a travel document in order to return stating that they were removed from Canada as minors by their parents and that they now wish to return first chance as adults. In recent years, immigration has often granted travel documents in such cases so that it is possible that the children would then be allowed to return to Canada and reactivate their PR status even though they do not meet the residency obligation. The parents, if they do not meet the residency obligation any more at that point would not be given the same chance.

 

[Live life]

Does the 730 day period residency requirement apply to minors (children under 18 years)? It seems that for citizenship the residency obligation of 1,095 days does not apply to minors

 

[zardoz]

Does the 730 day period residency requirement apply to minors (children under 18 years)? It seems that for citizenship the residency obligation of 1,095 days does not apply to minors

Yes, it does.

 

[Live life]

Yes, it does.

Are u sure that residency requirement for PR renewal applies to minors? Strangely it does not apply for citizenship. Any logic you know of?

 

[rish888]

Are u sure that residency requirement for PR renewal applies to minors? Strangely it does not apply for citizenship. Any logic you know of?

730 days for PR applies to everyone. Period.

1095 days for citizenship applies to both minors and adults.

In the case of a parent receiving citizenship, the minor PR child receives an exemption from the 1095 rule. However, should the minor apply alone, s/he still needs 1095 days.

Also, laws don't need to have "logic" behind them. It is what it is.