Dependent Child Outside Canada

[narende]

Hi Leon and all the other visitors,

I would like to ask something about my situation. My mother married a man who is Canadian Citizen. My stepfather sponsored me and my mom. In this case we both were given PR status in Canada. We landed in Canada for the first time on 1st of August 2011 and returned back to our country of origin exactly 2,5 months later on 15th of October 2011. The reason was the fact that my mom is making lots of money in our country of origin and she could not find such a job in Canada which is paying that amount. Since that time we did not go to Canada back. Now I got accepted by a Canadian university and I will be coming to Canada in 15th August (34 months later that I left Canada). I am not sure about my mom, she can come with me or not according to her job I dont know. Whatever she does, is there something wrong with me about residency obligations? Can I come to Canada without my mom? Will I face any problem with the immigration officer at the airport? What do you think about this situation?

Regards..

 

[meyakanor]

Hi narande,

Are you a minor (less than 19)? If you're above 19, then it would not be an issue to come back to Canada alone.

It's also probably not a bad idea to try to familiarize yourself with the residency obligation of a PR. Basically, if you have not been a PR for more than five years, you need to still have enough number of days to complete 731 days within the completion of your fifth year (in your case, between August 1 2011 - July 31 2016, you need to still have enough time to complete 731 days).

you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Since you left on October 15 2011, the absolute latest you can come back to Canada to complete RO would be October 14 2014. However, you'd be cutting it too close if you wait until the last minute to show up, and you will need to be able to prove your residency in Canada during your first 2.5 months as a PR (August 1 2011 - October 15 2011).

The best would be to come back before July 31 2014. That way, you would not have been a PR for over three years, and immigration won't be able to raise any issue regarding residency obligation at all, even if they want to (since you could not have been possibly in breach of RO yet by then).

If you're coming back on the 15th of August, then be prepared to show proof of your days in Canada during the first 2.5 months of your permanent residency.

 

[Leon]

I know you don't have a passport stamp showing when you left Canada but do you have a passport stamp entering another country after Canada? If you do, you can point that out to the immigration officer. If you don't, it would be safer for you to come back before August 1st. I would also recommend since you are close to the limit that you not leave Canada again until you have spent 2 years and renewed your PR card.

Your mother will likely lose her PR at some point if she doesn't return but your PR is not tied to hers so as long as you meet the requirements, you can keep yours.

Is your stepfather by any chance living with your mother in your country? If he is, she would actually continue to meet the residency requirements based on spending time outside Canada with him.

 

[narende]

Hi Dear Meyakanor and Leon,

Thanks for your very detailed answers. I am 22 years old now and will come to Canada without my mom. I have never considered the fact that it would be better for me to enter Canada before August 1, so this information is very helpful, thanks for that again. As you mentioned there is not any stamp or something on my passport indicating that I stayed in Canada for 2,5 months nor stamped in Canada neither in another country. Thus, I will purchase my ticket for june. My stepfather is living in Canada and he is not living with my mom unfortunately. In the very worst case my step father will sponsor my mom again. Or they would prefer to live in our home country next year.. It is their choice Again many many thanks for your answers. I wish you a very nice week.

Regards,

Narende

 

[narende]

Hi Leon, Meyakanor and all the other visitor,

Sorry for bothering you again but I would like to ask sth else.

1- Can the immigration officer request a document or abuse me about my PR status when I arrived at Toronto Pearson Airport? Am I supposed call my step-father to meet me at the airport in case the officer will attack me? Or am I supposed to keep the leter of admission sent from the university in order to show to officer to demonstrate that I will stay in Canada in the following years?

2- Can I apply for citizenship 3 years later while I will be studying at Queen's Univ? Can the time I spent out of Canada be a problem when applying for citizenship?

Thanks in advance!!

 

[Leon]

If you arrive before the first of August, the immigration officer can only point out to you that you have to be careful about the residency obligation but as you have only been a PR for less than 3 years, it would not be possible for you to be in breach of it because you still have enough time to stay in Canada for 2 years in your first 5.

If you arrive after August 1st, they could question you about how long you stayed in Canada on your first trip and if you have any proof of that. However, they can't deny you entry. If they believe that you don't meet the residency requirements, the worst they can do is report you for it but you can still enter and you can appeal the report.

 

[narende]

Hi Leon,

Thanks a lot for your answer again Have a nice day.