Losing PR Status - Dependant Situation

[jaycrew]

Hi all,

This question is for a friend of mine who has lost his PR status due to non-residency. The application was for himself, his wife, and two children who are below the age of 18.

The question is: when the children turn 18, can they reclaim their status as Permanent Residents which started when they were dependents now that they are independent? Or will they have to start all over?

I am leaning towards the latter but would like to know if anyone has some evidence or can give me the fact.

Thanks

 

[scylla]

Actually it's the former. Provided they make this claim when they turn 18 or fairly soon afterwards, they should have no issues reclaiming their PR status on a H&C basis.

 

[jaycrew]

Thank you Syclla, can you point me to link where it explains the reclaimation process?

 

[Alurra71]

Actually it's the former. Provided they make this claim when they turn 18 or fairly soon afterwards, they should have no issues reclaiming their PR status on a H&C basis.

Wouldn't that depend on if the children were also reported for failure to meet the ro? I mean, did the entire family get reported and lose it?

 

[jaycrew]

The situation is basically the family did not end up moving to Canada permenantly and therefore their PR status expired. They never followed up.

They are hoping that the children would have some sort of claim to their PR on the basis that it was their parents that decided not to move and not them.

I still feel like its a long shot but if there is any precendence i would appreciate the input.

 

[zardoz]

The situation is basically the family did not end up moving to Canada permenantly and therefore their PR status expired. They never followed up.

They are hoping that the children would have some sort of claim to their PR on the basis that it was their parents that decided not to move and not them.

I still feel like its a long shot but if there is any precendence i would appreciate the input.

Your PR "status" NEVER expires. Only the PR card does. They are probably still PRs and will need to apply for a PR Travel Document, stating that they were removed from Canada as minors and that they are returning at the first opportunity.

 

[Leon]

If the children are interested in reviving their PR's and living in Canada, they should apply for PR travel documents when they turn 18, based on having been removed as minors. If they are granted, they can return to Canada and apply for PR cards. They should however stay for at least 2 years in order to meet the RO. Having been granted a TD would not excuse not meeting the RO at a later time. For example, if someone is granted a TD but does not use the opportunity to settle in Canada, they will not have such an easy time getting another TD at a later time.