Minor residency revival
- Thread starter dutsu
- Start date
Dear Leon
1. I have spoken to some lawyers. Everybody said "you have a good chance, but no guarantee as the law changes." Is it likely that the law will soon lose its Humanitarian consideration given to minor children.
2. If we are reported with our minor child when entering Canada, will we have to stay in Canada to appeal, or we can engage a lawyer and come out. How long an appeal takes to be heard and decision given. Will the child have to go back to Canada if his appeal is successful or he can return later, when he is adult. It may be very inconvenient to interrupt the education.
3. Can a minor appeal for a TD after expiry of his PR Card, if he has to enter canada before he is adult to take up some preparatory course.
Reagrds
1. I have spoken to some lawyers. Everybody said "you have a good chance, but no guarantee as the law changes." Is it likely that the law will soon lose its Humanitarian consideration given to minor children.
2. If we are reported with our minor child when entering Canada, will we have to stay in Canada to appeal, or we can engage a lawyer and come out. How long an appeal takes to be heard and decision given. Will the child have to go back to Canada if his appeal is successful or he can return later, when he is adult. It may be very inconvenient to interrupt the education.
3. Can a minor appeal for a TD after expiry of his PR Card, if he has to enter canada before he is adult to take up some preparatory course.
Reagrds
If he says his aunt took him back and made him stay outside and has been preventing him from returning ever since, I guess she does not want him back. As for her ability to do it, if he is orphaned and under 18, she could. If he is under 22 or over 22 and a full time student, she could sponsor him as her own dependent child if she had adopted him. If neither is the case, she could possibly sponsor him under a PNP under family stream if she lives in Manitoba or Saskatchewan but if he is not sponsored as a dependent child, his hepatitis will be a problem, he could be refused because of that.dutsu said:Hi Leon
If he was never been a PR, can he not be sponsored by his aunt now?
dutsu said:1. I have spoken to some lawyers. Everybody said "you have a good chance, but no guarantee as the law changes." Is it likely that the law will soon lose its Humanitarian consideration given to minor children.
I have no reason to think that the law will soon change but there is no guarantee that it wont.
2. If we are reported with our minor child when entering Canada, will we have to stay in Canada to appeal, or we can engage a lawyer and come out. How long an appeal takes to be heard and decision given. Will the child have to go back to Canada if his appeal is successful or he can return later, when he is adult. It may be very inconvenient to interrupt the education.
If his appeal is successful, he will keep his PR and I believe he could then apply for a travel document in the future as he will still have his PR status. I do not see why it would be inconvenient to interrupt his education. Many families move to Canada with teenagers and they too have to change systems and complete their high school in Canada. As he will be going to a Canadian college, I don't see why it would be a disadvantage to him to complete high school in Canada as well.
3. Can a minor appeal for a TD after expiry of his PR Card, if he has to enter canada before he is adult to take up some preparatory course.
According to http://www.cic.gc.ca/english/information/applications/travel.asp he should be able to apply for it himself. However, as a minor coming to Canada alone, you may have to appoint a guardian for him. However, since his brothers are in Canada, I don't suppose that will be a problem.
Dear Leon
As we have already landed couple of years ago and planning to return while our PR Card is still valid till August 2013, can we apply for OHIP medicare card and get medical benefit. It says that in order to be eligible for OHIP, you have to be in Canada for 153 days in the last 12 months, and during the first six months you that you lived in Ontario, you should not be away for more than 29days. Will they consider the adults and children same way.
What is the way out. Will they ask for details to prove our presence.
Regards
As we have already landed couple of years ago and planning to return while our PR Card is still valid till August 2013, can we apply for OHIP medicare card and get medical benefit. It says that in order to be eligible for OHIP, you have to be in Canada for 153 days in the last 12 months, and during the first six months you that you lived in Ontario, you should not be away for more than 29days. Will they consider the adults and children same way.
What is the way out. Will they ask for details to prove our presence.
Regards
You can apply for OHIP cards as soon as you return to Canada. However your OHIP cards won't be issued for approximately three months (you will have to live in Canada for three months before you will be eligible for OHIP).dutsu said:Dear Leon
As we have already landed couple of years ago and planning to return while our PR Card is still valid till August 2013, can we apply for OHIP medicare card and get medical benefit. It says that in order to be eligible for OHIP, you have to be in Canada for 153 days in the last 12 months, and during the first six months you that you lived in Ontario, you should not be away for more than 29days. Will they consider the adults and children same way.
What is the way out. Will they ask for details to prove our presence.
Regards
Dear Leon
If my son has not fulfilled the residency obligation, turned 18 in 2012 September, entering Canada just two months before his residency expiry in Aug'2013, to get admission in Canadian University. Will he get the domestic tuition fee when his admission fee is due in Aug'2013.
If my other son, get admission in school before his residency expires in Aug'2013, will he be treated as a foreign student or domestic student, therefore, fee exempt student.
Will they be eligible for medicare as PR on their arrival in June or we have to buy medical insurance before they are eligible for health Card, may be after couple of months.
Regards
If my son has not fulfilled the residency obligation, turned 18 in 2012 September, entering Canada just two months before his residency expiry in Aug'2013, to get admission in Canadian University. Will he get the domestic tuition fee when his admission fee is due in Aug'2013.
If my other son, get admission in school before his residency expires in Aug'2013, will he be treated as a foreign student or domestic student, therefore, fee exempt student.
Will they be eligible for medicare as PR on their arrival in June or we have to buy medical insurance before they are eligible for health Card, may be after couple of months.
Regards
They are still PR's and as such they will pay PR fees. If they were international students in Canada with study permits, they would be paying international fees.dutsu said:Dear Leon
If my son has not fulfilled the residency obligation, turned 18 in 2012 September, entering Canada just two months before his residency expiry in Aug'2013, to get admission in Canadian University. Will he get the domestic tuition fee when his admission fee is due in Aug'2013.
If my other son, get admission in school before his residency expires in Aug'2013, will he be treated as a foreign student or domestic student, therefore, fee exempt student.
Will they be eligible for medicare as PR on their arrival in June or we have to buy medical insurance before they are eligible for health Card, may be after couple of months.
Regards
Health care depends on the province. BC, Ontario, Quebec and new Brunswick all have a 3 month wait for health care. If they are going to these provinces, you should buy travel/emergency insurance for the first 3 months. In any other province, they would get a health card right away if they are moving from a different country.
Dear Leon
1. I read in the CIC website that they are going to open Parent's sponsorship in January 2014 under new restrictive conditions. It said that "sponsors to take more financial responsibility for the basic need of their parents as well as for the health care cost not covered by provincial health care.
Can you please explain what are these exceptions (other than dental, eye and mobility aids)
2. Super Visa has been popular. I only know that Parents get extended length of stay to two years at a time and pay for their medical insurances. Does that mean every two year you have to apply for a new Super Visa and they cannot be converted into Permanent Residency. How much usually the medical insurance cost for two years for a person generally.
Appreciate your response.
1. I read in the CIC website that they are going to open Parent's sponsorship in January 2014 under new restrictive conditions. It said that "sponsors to take more financial responsibility for the basic need of their parents as well as for the health care cost not covered by provincial health care.
Can you please explain what are these exceptions (other than dental, eye and mobility aids)
2. Super Visa has been popular. I only know that Parents get extended length of stay to two years at a time and pay for their medical insurances. Does that mean every two year you have to apply for a new Super Visa and they cannot be converted into Permanent Residency. How much usually the medical insurance cost for two years for a person generally.
Appreciate your response.
A super visa is a special visit visa for parents and allows them to stay for up to two years at a time. I do not know how much the health insurance costs. A super visa is a visit visa and can not be converted into PR. If the children want to sponsor their parents for PR, they can do so when it opens again.
Dear Leon
I thank you for the very kind clarifications you always provide. Last time you advised (on visiting Canada unreported before expiry of our PR card) to keep my 3rd son (a minor of 15 yrs ) with my 1st son who is in Canada for last five years since our landing in Aug 2008. At this time we are only visiting Canada to admit my 2nd son in University. I have some concerns;
1. If we are not reported everything will be hunky dory and my children can live there for two years before applying for PR card.
a. As my minor son is unwilling to stay in Canada at this time, can we bring my minor son out of Canada without any hassle and send him only when he becomes adult (and mentally more matured) in 3 yrs time under humanitarian consideration. We are trying to motivate him but very concerned that it may have a negative effect.
b. We will have about 45 days time before PR expires for all. Can we apply for Minor's PR renewal. giving facts about his unwillingness to stay in Canada now but he will return when he is adult as his brothers are in Canada. your kind advice will help us.
2. If we all are reported;
a. we will have to appeal for residency renewal within a month. Will they consider minor son more favourably than us (me and wife)and grant his renewal? Will he has to stay in Canada till his application is approved and PR card is issued.? Or he can leave and his PR card can be later collected by someone there OR the grant of residency renewal will be conditional that the minor should no longer leave Canada for at least two years.
b. If his application is rejected now, will he be eligible for Travel document when he becomes adult.
We are in sort of dilemma for which your kind help is appreciated.
Regards
I thank you for the very kind clarifications you always provide. Last time you advised (on visiting Canada unreported before expiry of our PR card) to keep my 3rd son (a minor of 15 yrs ) with my 1st son who is in Canada for last five years since our landing in Aug 2008. At this time we are only visiting Canada to admit my 2nd son in University. I have some concerns;
1. If we are not reported everything will be hunky dory and my children can live there for two years before applying for PR card.
a. As my minor son is unwilling to stay in Canada at this time, can we bring my minor son out of Canada without any hassle and send him only when he becomes adult (and mentally more matured) in 3 yrs time under humanitarian consideration. We are trying to motivate him but very concerned that it may have a negative effect.
b. We will have about 45 days time before PR expires for all. Can we apply for Minor's PR renewal. giving facts about his unwillingness to stay in Canada now but he will return when he is adult as his brothers are in Canada. your kind advice will help us.
2. If we all are reported;
a. we will have to appeal for residency renewal within a month. Will they consider minor son more favourably than us (me and wife)and grant his renewal? Will he has to stay in Canada till his application is approved and PR card is issued.? Or he can leave and his PR card can be later collected by someone there OR the grant of residency renewal will be conditional that the minor should no longer leave Canada for at least two years.
b. If his application is rejected now, will he be eligible for Travel document when he becomes adult.
We are in sort of dilemma for which your kind help is appreciated.
Regards
1. Yes.
1a. You would have to apply for a travel document for him because his PR card will be expired but he also must want to go. You can not force him to go to Canada against his will but maybe he will want to in 3 years, who knows.
1b. You should definitely not try to apply for your youngest sons PR renewal as he doesn't meet the residency requirements. They will not renew his PR card.
2a. If the immigration officers want to report you, you could tell them that you are willing to give up your PR voluntarily if they do not report your minor son in order to give him a chance to apply for a travel document when he turns 18. You have almost no chance of winning an appeal yourself, especially as you are not ready to live in Canada at this point and you will probably have left before they process your appeal. Your minor son has a chance because he is still a minor and he is not living outside of Canada by his own choice. If your minor son wins the appeal, he could apply to renew his PR card based on that. If you apply to renew his PR card, you should have your other sons mail the application from within Canada even if you have at this point returned to your home country. If he is called to pick up his PR card, he would have to return to Canada in order to do that. If his PR card is at that point expired, he would need a travel document in order to return.
2b. I simply don't know. Worst case, if he is reported and completely loses his PR, I do not think he can apply for a travel document when he turns 18 because he is no longer a PR.
1a. You would have to apply for a travel document for him because his PR card will be expired but he also must want to go. You can not force him to go to Canada against his will but maybe he will want to in 3 years, who knows.
1b. You should definitely not try to apply for your youngest sons PR renewal as he doesn't meet the residency requirements. They will not renew his PR card.
2a. If the immigration officers want to report you, you could tell them that you are willing to give up your PR voluntarily if they do not report your minor son in order to give him a chance to apply for a travel document when he turns 18. You have almost no chance of winning an appeal yourself, especially as you are not ready to live in Canada at this point and you will probably have left before they process your appeal. Your minor son has a chance because he is still a minor and he is not living outside of Canada by his own choice. If your minor son wins the appeal, he could apply to renew his PR card based on that. If you apply to renew his PR card, you should have your other sons mail the application from within Canada even if you have at this point returned to your home country. If he is called to pick up his PR card, he would have to return to Canada in order to do that. If his PR card is at that point expired, he would need a travel document in order to return.
2b. I simply don't know. Worst case, if he is reported and completely loses his PR, I do not think he can apply for a travel document when he turns 18 because he is no longer a PR.
Hi Leon
Thanks for your clarification. My second son's university has indicated that 'A student may be required to prove his status at any time during their registration at the university'. We have spoken to the university and as we have submitted his PR card to the Uni already, they have no issue.
My 2nd son will be enrolled in August before expiry of his PR Card. Do you think the Uni can dig the issue after expiry of his PR card to prove that my son did not fulfil his residency obligation , therefore , not eligible for domestic fee and will have to pay international student fee.
Appreciate your view.
Regards
Thanks for your clarification. My second son's university has indicated that 'A student may be required to prove his status at any time during their registration at the university'. We have spoken to the university and as we have submitted his PR card to the Uni already, they have no issue.
My 2nd son will be enrolled in August before expiry of his PR Card. Do you think the Uni can dig the issue after expiry of his PR card to prove that my son did not fulfil his residency obligation , therefore , not eligible for domestic fee and will have to pay international student fee.
Appreciate your view.
Regards
No, they can not make him pay international student fee unless he is an international student and that means non-PR on a study permit. They may ask for his PR card. He should show the expired one. If they ask why it's expired, he can say he already applied to renew it but his application is pending. They can not get any info from immigration about that because of the privacy act and they have no reason to believe that he is not a PR or that he doesn't meet the residency requirements.dutsu said:My 2nd son will be enrolled in August before expiry of his PR Card. Do you think the Uni can dig the issue after expiry of his PR card to prove that my son did not fulfil his residency obligation , therefore , not eligible for domestic fee and will have to pay international student fee.
Appreciate your view.
Dear Leon or anyone;
Can you please present your experience of crossing US Canada road border to enter Canada at Niagra Falls or any other crossing. In CIC website it says Canadian Border Service need only Landing Paper if crossing in a private vehicle like Car. Really ? Don't they ask for Passport and PR card. What sort of question do they ask. Don't they enquire about residency obligation and report them?
Regards
Can you please present your experience of crossing US Canada road border to enter Canada at Niagra Falls or any other crossing. In CIC website it says Canadian Border Service need only Landing Paper if crossing in a private vehicle like Car. Really ? Don't they ask for Passport and PR card. What sort of question do they ask. Don't they enquire about residency obligation and report them?
Regards