Is it at all possible for my sister to regain permanent residency?

[Khokodile]

My family got our permanent residency for Canada approved in 2007 and only my dad landed initially in Canada to ensure that once he is settled with a job we could all go over. He tried for 6 months but could not find a job and decided to return back to Singapore. My sister was just 10 years old at that time(Now shes 15) and therefore she DID NOT even land and get her PR chopped at the airport since my parent decided there was no point to it. Now even my father's PR has expired. I know this is a long shot but I was wondering if there was anyway my sister could get her PR back on compassionate grounds/grounds that she could not decide for herself because as much as she wanted to live in canada but could not because our parents were not there and did not want her living there without parents at that age. Please let me know if anyone has some imput!

 

[Msafiri]

Sorry no dice...if she never landed within the PR visa validity period she never acquired PR status so there is no PR to try and preserve. If your father can get back into Canada somehow without being reported and stays for 2 years without leaving he can maintain PR and sponsor your sister as a dependent child.

 

[Khokodile]

Makes sense. Thank you very much. Cheers.

 

[rpk]

Makes sense. Thank you very much. Cheers.

Hi
My friend and his family has a similar problem. They are in Canada for 1 year 2 months and and planning to back to their country with the 2 younger kids, aged 15 and 7. The eldest who is 18+ will stay and attend university. The second child (15y) really wants to stay and continue her studies here, but as she is under-aged. Is there a way, when she will be 18, that she could apply for a PR travel document explaining the situation come back to Canada and continue her studies here as a PR (with lower tuition rates). Can she make the decision to come over here until what age (obviously from 18 and until what age?)?

 

[Leon]

Hi
My friend and his family has a similar problem. They are in Canada for 1 year 2 months and and planning to back to their country with the 2 younger kids, aged 15 and 7. The eldest who is 18+ will stay and attend university. The second child (15y) really wants to stay and continue her studies here, but as she is under-aged. Is there a way, when she will be 18, that she could apply for a PR travel document explaining the situation come back to Canada and continue her studies here as a PR (with lower tuition rates). Can she make the decision to come over here until what age (obviously from 18 and until what age?)?

They could leave the 15 yo. with the older sibling if that is an option. Otherwise, maybe in 1-2 years when she is a little older, it could be an option.

When did they actually get their PR? Will her PR card be expired in 3 years? As a PR, she must have 730 days in Canada in her first 5 years as a PR. If they got their PR 1 yr. and 2 months ago and she now leaves for up to 3 yrs. and then comes back, her PR card will not be expired, she will still be able to meet the residency requirements and will not need a travel document. If the situation is such that they got their PR more than 14 months ago and left Canada again and then came back and that her PR card will be expired in 3 years time and she will not meet the residency requirements, she still has a pretty good chance of applying for a PR travel document when she is 18 stating that her parents took her out of Canada as a minor and she wants to return.

Until what age is a bit iffy. Generally it is first chance after reaching the age of majority so it's ok for her to for example complete high school in their country and she may even be allowed to return if she is in her early 20's but the older she gets, the less immigration will believe that she is returning first chance plus if she wants a life in Canada, she should really go to university in Canada because it will make it a lot easier for her to find a job.

 

[rpk]

Thank you very much Leon, for the prompt reply. In fact, they have landed in 2008 and went back after 2 months due to some family commitments. So, there PR card will expire in 2013.
Can that be applied for the younger kid too, even after 11 years, if she wants to study here?

 

[Leon]

Yes, the younger daughter can try it too when she completes high school. Children who did not fulfill the PR residency requirements because of their parents actions usually have a good chance at getting a travel document if they apply first chance after reaching the age of majority.

 

[rpk]

Thanks Leon, Wish you a very happy new year!