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Citizenship case

Q

qalmdallal

Full Member
Oct 5, 2014
27
0
51
Hi;

I am a Canadian citizen from 2008. In fact, I would like to take your advice regarding the both cases of my wife and my son.
Below are the time histories related to our immigration status:

Qasem (Me)
  • August 2000 - April 2005: I arrived St. John's/Canada to complete my PhD at Memorial University (Student Visa). I left Canada for only two months (November and December of 2004).
  • April 2005: I obtained the PR status.
  • September 2007: I applied for the Canadian citizenship.
  • December 2008: I was granted the Canadian citizenship.
(My wife)
  • October 2000 - April 2005: She arrived St. John's/Canada to accompany me (Visitor Visa). She left Canada from September 2003- November 2003 and from November 2004 - December 2004.
  • April 2005: She obtained the PR status.
  • August 2005: She left Canada due to a family circumstances and never came back.
  • September 2007 - Now: She is accompanying me in UAE.
(My son)
  • November 2007: He is born in UAE and since then he is accompanying me.
Recently, we are planning to return back to Canada but we need a clarification of the following issues:
  • Should my wife apply for the Canadian citizenship or Renewal of the PR card?
  • What should I do for my son to get the Canadian citizenship?
Your advice is highly appreciated.


Best Regards

Qasem
 
J

Joshua1

Hero Member
Nov 18, 2013
946
473
Based on what you wrote, your wife may have lost a PR status and will need to go through an official process to determine if she is still considered a PR.
See: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.htm
However, according chaudharylaw.com
There are some exemptions that allow a permanent resident who failed to remain in Canada for 730 days out of 5 years to get days spent outside of Canada counted as days spent in Canada:
  • If you were outside of Canada with a Canadian Citizen who is your spouse or common-law partner.
See if this applies to you.

As for your son, check this CIC link: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=365&top=5
 
D

DRRD

Full Member
Feb 8, 2018
49
9
qalmdallal said:
Hi;

I am a Canadian citizen from 2008. In fact, I would like to take your advice regarding the both cases of my wife and my son.
Below are the time histories related to our immigration status:

Qasem (Me)
  • August 2000 - April 2005: I arrived St. John's/Canada to complete my PhD at Memorial University (Student Visa). I left Canada for only two months (November and December of 2004).
  • April 2005: I obtained the PR status.
  • September 2007: I applied for the Canadian citizenship.
  • December 2008: I was granted the Canadian citizenship.
(My wife)
  • October 2000 - April 2005: She arrived St. John's/Canada to accompany me (Visitor Visa). She left Canada from September 2003- November 2003 and from November 2004 - December 2004.
  • April 2005: She obtained the PR status.
  • August 2005: She left Canada due to a family circumstances and never came back.
  • September 2007 - Now: She is accompanying me in UAE.
(My son)
  • November 2007: He is born in UAE and since then he is accompanying me.
Recently, we are planning to return back to Canada but we need a clarification of the following issues:
  • Should my wife apply for the Canadian citizenship or Renewal of the PR card?
  • What should I do for my son to get the Canadian citizenship?
Your advice is highly appreciated.


Best Regards

Qasem
Click to expand...
Your wife most likely lost her PR status because you weren't naturalized when she left. Also, your son is not a Canadian citizen because you weren't one before he was born.

You can certainly sponsor your son for PR, and maybe your wife.

Send both applications and IRCC will let you know...
 
zardoz

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
qalmdallal said:
Hi;

I am a Canadian citizen from 2008. In fact, I would like to take your advice regarding the both cases of my wife and my son.
Below are the time histories related to our immigration status:

Qasem (Me)
  • August 2000 - April 2005: I arrived St. John's/Canada to complete my PhD at Memorial University (Student Visa). I left Canada for only two months (November and December of 2004).
  • April 2005: I obtained the PR status.
  • September 2007: I applied for the Canadian citizenship.
  • December 2008: I was granted the Canadian citizenship.
(My wife)
  • October 2000 - April 2005: She arrived St. John's/Canada to accompany me (Visitor Visa). She left Canada from September 2003- November 2003 and from November 2004 - December 2004.
  • April 2005: She obtained the PR status.
  • August 2005: She left Canada due to a family circumstances and never came back.
  • September 2007 - Now: She is accompanying me in UAE.
(My son)
  • November 2007: He is born in UAE and since then he is accompanying me.
Recently, we are planning to return back to Canada but we need a clarification of the following issues:
  • Should my wife apply for the Canadian citizenship or Renewal of the PR card?
  • What should I do for my son to get the Canadian citizenship?
Your advice is highly appreciated.


Best Regards

Qasem
Click to expand...
Your wife is still a PR and due to the legislation regarding the residency obligation requirements, is also benefitting from the "accompanying a Canadian citizen" exemption. Only the last 5 years is considered for assessment of the obligation.

Your child is not a citizen by descent, due to the timing of events. You will need to sponsor him for PR status as a member of the Family Class.
 
shahmad

shahmad

Star Member
Jan 12, 2015
163
10
qalmdallal said:
Hi;

I am a Canadian citizen from 2008. In fact, I would like to take your advice regarding the both cases of my wife and my son.
Below are the time histories related to our immigration status:

Qasem (Me)
  • August 2000 - April 2005: I arrived St. John's/Canada to complete my PhD at Memorial University (Student Visa). I left Canada for only two months (November and December of 2004).
  • April 2005: I obtained the PR status.
  • September 2007: I applied for the Canadian citizenship.
  • December 2008: I was granted the Canadian citizenship.
(My wife)
  • October 2000 - April 2005: She arrived St. John's/Canada to accompany me (Visitor Visa). She left Canada from September 2003- November 2003 and from November 2004 - December 2004.
  • April 2005: She obtained the PR status.
  • August 2005: She left Canada due to a family circumstances and never came back.
  • September 2007 - Now: She is accompanying me in UAE.
(My son)
  • November 2007: He is born in UAE and since then he is accompanying me.
Recently, we are planning to return back to Canada but we need a clarification of the following issues:
  • Should my wife apply for the Canadian citizenship or Renewal of the PR card?
  • What should I do for my son to get the Canadian citizenship?
Your advice is highly appreciated.


Best Regards

Qasem
Click to expand...
If the dates above are correct then:

- Your wife got PR in April 2005 and she has been accompanying you since September 2007.
Now the tricky part is .. you became canadian citizen in December 2008. Now from sep 2007 till Dec 2008, If you were working full time for a Canadian Business or for public service of Canada(time before you became citizen) then she can still be a PR, as per the law for accompanying PR spouse outside Canada. But, if you were not, she lost her PR on August 2008 (3 years after she left Canada) as she had to be in Canada 2 years out of 5 years atleast to maintain her PR. This is what i figured out but please anyone feel free to correct and help.

-Your son case is straight forward...he is not a canadian by descent. You have to apply for PR first and then citizenship.
 
Q

qalmdallal

Full Member
Oct 5, 2014
27
0
51
Q

qalmdallal

Full Member
Oct 5, 2014
27
0
51
Joshua1 said:
Based on what you wrote, your wife may have lost a PR status and will need to go through an official process to determine if she is still considered a PR.
See: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.htm
However, according chaudharylaw.com
There are some exemptions that allow a permanent resident who failed to remain in Canada for 730 days out of 5 years to get days spent outside of Canada counted as days spent in Canada:
  • If you were outside of Canada with a Canadian Citizen who is your spouse or common-law partner.
See if this applies to you.

As for your son, check this CIC link: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=365&top=5
Click to expand...
Thank you. the link https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.htm is not working
 
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