Minor residency revival

[scylla]

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

I've crossed several times in a private car with my husband who is an American citizen with Canadian PR. My experience has been that they ask for his passport and PR card each time. They have never asked him about his residency obligation. However we have been asked the "how long have you been outside of Canada" question every single time.

 

[dutsu]

Dear Leon

Which document does the school require (or accept) for admission of immigrant children who are returning to Canada after a long stay outside. Is it the PR Card or the 'Confirmation of Permanent Residency' the white paper, which is issued on landing at the Airport.

Appreciate your kind response.

 

[steaky]

Dear Leon

Which document does the school require (or accept) for admission of immigrant children who are returning to Canada after a long stay outside. Is it the PR Card or the 'Confirmation of Permanent Residency' the white paper, which is issued on landing at the Airport.

Appreciate your kind response.

If you have PR card for yourself and child, bring them to the school for registration. Usually or depending where the school is located, you also need to bring any documents (such as utility bills, property tax bill, rental lease agreement, etc.) to prove your residency. For more details, you can check the school's website or talk to them directly.

 

[dutsu]

Dear Leon

If we and children enter canada without hassle, should I try to apply for renewal of my children's residency (15yr and 18yr old) without putting our applications. Like us they did not meet residency obligation. But will they face any problem if they apply for residency renewal. Can they be given eviction notice? How is their chance to get renewal considering they are given Humanitarian and compassionate consideration.

Appreciate your response.

Regards

 

[Leon]

If you enter Canada without hassle, it would be best for nobody in your family to apply to renew their PR card until they have 2 years in Canada.

 

[dutsu]

Dear Leon

1. My minor son will go the School and the school registration is scheduled only two days before the expiry of his PR Card. Can the school say that he is not eligible for registration as a domestic student as he did not do schooling in Canada and did not fulfil his residency obligation. What can we say?

2. Can they insist us on showing the PR Card, though the registration form asks for "Landing Paper OR PR Card?" and then say it is going to expire in two days. Please provide school a copy of the PR card renewal application within a week or such thing to be eligible as a domestic student. What do we do in such case.

3. If it is a simple enquiry about the PR Card, should we say that i) we will apply for renewal on expiry of PR Card on expiry and if we plan to leave Canada in near future, OR ii) should we say we have applied for the PR Card? In second case they can ask for proof of renewal application.

4. There is always a possibility of getting someone headstrong. What is our way out without getting involved in prologed legal battle.

Your kind response will be appreciated.

 

[Leon]

Dear Leon

1. My minor son will go the School and the school registration is scheduled only two days before the expiry of his PR Card. Can the school say that he is not eligible for registration as a domestic student as he did not do schooling in Canada and did not fulfil his residency obligation. What can we say?

They can't say that he did not fulfill his residency obligation because they do not know that. He could have been in Canada for the last 5 years and still have a PR card that is about to expire. It is not the business of the school to determine residency requirements of PR's.

2. Can they insist us on showing the PR Card, though the registration form asks for "Landing Paper OR PR Card?" and then say it is going to expire in two days. Please provide school a copy of the PR card renewal application within a week or such thing to be eligible as a domestic student. What do we do in such case.

If the registration form says landing paper or PR card, then you can show them the landing papers. Does it really say on the form that they want you to show that you applied to renew his PR card? This is really not their business either. You can ask them to show you a copy of the law that says you must have a valid PR card to live in Canada because there is no such law. However, if they insist, it would probably be more effective to show them photo copies of PR renewal applications forms which you have filled out to show that although your son attended school in another country, he had been in Canada every vacation in order to meet his 730 days. Of course the forms would be fake and you would not have mailed them in but it may convince the school that you have really applied. If they were to continue asking for his PR card, you can say you really don't know what happened to your application, you haven't heard back. You continue to drag it on. At some point, you can tell the school that immigration has lost your application. You show them new copies of fake forms that you have filled out for his application, copying the info you used on the first forms and adding his stay in Canada since you arrived. You are not lying to immigration, only the school so that is not too bad. The school has no authority to check on your case with immigration because of the privacy act.

3. If it is a simple enquiry about the PR Card, should we say that i) we will apply for renewal on expiry of PR Card on expiry and if we plan to leave Canada in near future, OR ii) should we say we have applied for the PR Card? In second case they can ask for proof of renewal application.

4. There is always a possibility of getting someone headstrong. What is our way out without getting involved in prologed legal battle.

Your kind response will be appreciated.

 

[dutsu]

Dear Leon

When a minor child fulfill his residency obligation of 730 days, but his parents do not, will the minor be eligible to apply for his PR card or PR renewal? Or he has to wait till he becomes adult to sign his own paper? I believe that a minor's PR application to be signed by his/her parents (one or both I do not know).

Regards

 

[Leon]

Dear Leon

When a minor child fulfill his residency obligation of 730 days, but his parents do not, will the minor be eligible to apply for his PR card or PR renewal? Or he has to wait till he becomes adult to sign his own paper? I believe that a minor's PR application to be signed by his/her parents (one or both I do not know).

Regards

The parents could apply for the PR renewal for the child if the child meets the requirements. In any case, your child does not meet the requirements so why do you ask?

 

[dutsu]

Thanks Leon for the response.

Probably I could not express myself well. What I meant, if the parents lose their PR but their minor child fulfills his residency obligation, then can the parents apply for minors residency renewal. If my minor son stays with my other adult sons living in Canada and fulfilled their obligation, then how the minor will apply for PR card after completion of two years? who has to sign his applications?

Regards

 

[Leon]

You can still sign his application as his parent even if you are not a PR. Alternatively if you have given your older son guardianship of your younger son and some paperwork for that, your older son could probably sign it.

 

[mrjt]

hi leon wonder if you can help me

I'm born and raised in uk . Moved to canada in 1997 -2002 and left canada as a minor

Now I have my copy of landed immigrant and also my ohip which expired 2003. Now I should done a travel document when I was 18 . However 27 now and now wish to return to be closer with my family. Only reason I haven't done a TD before I was looking after my grandfather for 9 years. Over that time my entire family has moved back to canada. Could I do a TD still ? Or temp work visa ?

 

[Leon]

hi leon wonder if you can help me

I'm born and raised in uk . Moved to canada in 1997 -2002 and left canada as a minor

Now I have my copy of landed immigrant and also my ohip which expired 2003. Now I should done a travel document when I was 18 . However 27 now and now wish to return to be closer with my family. Only reason I haven't done a TD before I was looking after my grandfather for 9 years. Over that time my entire family has moved back to canada. Could I do a TD still ? Or temp work visa ?

At 27, you are a bit old to claim that you were removed as a minor. However, taking care of your sick grandfather is a good defense if you can prove it. Who is taking care of your grandfather if you leave now or has he passed away?

If you apply for a travel document, the decision on your PR will be made by the visa office. If they like your reasons, they can allow you to return or they could refuse. If they refuse, you have one chance to appeal. If the appeal is refused, you lose your PR.

There is however another method than applying for a travel document. If you are able to enter Canada without getting reported, you could stay under the radar for 2 years without leaving and without crossing paths with immigration and thereby put your PR status back in good standing. You may however face challenges getting health care and a drivers license without a valid PR card. In order to do this, you would have to get to Canada without needing a travel document. This would be possible as you are visa exempt to Canada as a UK citizen. On the strength of your passport, you can visit Canada any time or you can fly to the US and enter Canada by land.

If you do this, there is a possibility that you will be reported on entry for not meeting the residency requirements so if that happens, you must appeal within 30 days with your evidence. You would be allowed to stay in Canada during your appeal processing which can take 1-2 years. During that time, you can renew your PR card for a year at a time.

If you lose your PR, either through applying for a travel document and being refused or through coming to Canada and getting reported on entry, you would be able to apply for a temporary visa such as a study permit or a work permit if you get a job offer and an LMIA. Do you have skills, a trade or a degree? Skilled work experience?

 

[drbhatia]

DEAR LEON. I AM DENTIST WELL SETTLED IN INDIA. ME AND MY FAMILY BECAME PR IN MARCH 2013. WE WENT TO VANCOUVER FOR 18 DAYS AND CAME BACK INDIA. PR CARDS OF MINE , MY WIFE AND TWO MINOR CHILDREN WILL EXPIRE ON MARCH 2018.I DONT WANT TO SETTLE IN CANADA AS HAVE WELL ESTABLISHED PRACTICE HERE IN INDIA.
ME AND MY WIFE HAS DECIDED TO RENOUNCE OUR PR BUT WE WILL KEEP PR OF MY MINOR CHILDREN NOW AGED 12 YEARS AND 7 YRS.
I HAVE A QUESTION--- IS IT POSSIBLE THAT WHEN MY ELDER CHILD REACH 18 YEARS, SHE CAN BE ISSUED TRAVEL DOCUMENT FOR CANADA AND LATTER HER PR CAN BE ACTIVATED.
IS THERE ANY THING NOW WHICH I CAN DO WHICH WILL HELPFUL FOR HER AFTER 6 YEARS WHEN SHE WILL BE ADULT. FOR EXAMPLE LIKE WRITING LETTER BY CHILDREN TO CIC THAT WE ARE FORCED TO LIVE AWAY FROM CANADA BCOZ OF PARENTS OR ANY OTHER THING.
KINDLY GUIDE

 

[Rob_TO]

DEAR LEON. I AM DENTIST WELL SETTLED IN INDIA. ME AND MY FAMILY BECAME PR IN MARCH 2013. WE WENT TO VANCOUVER FOR 18 DAYS AND CAME BACK INDIA. PR CARDS OF MINE , MY WIFE AND TWO MINOR CHILDREN WILL EXPIRE ON MARCH 2018.I DONT WANT TO SETTLE IN CANADA AS HAVE WELL ESTABLISHED PRACTICE HERE IN INDIA.
ME AND MY WIFE HAS DECIDED TO RENOUNCE OUR PR BUT WE WILL KEEP PR OF MY MINOR CHILDREN NOW AGED 12 YEARS AND 7 YRS.
I HAVE A QUESTION--- IS IT POSSIBLE THAT WHEN MY ELDER CHILD REACH 18 YEARS, SHE CAN BE ISSUED TRAVEL DOCUMENT FOR CANADA AND LATTER HER PR CAN BE ACTIVATED.
IS THERE ANY THING NOW WHICH I CAN DO WHICH WILL HELPFUL FOR HER AFTER 6 YEARS WHEN SHE WILL BE ADULT. FOR EXAMPLE LIKE WRITING LETTER BY CHILDREN TO CIC THAT WE ARE FORCED TO LIVE AWAY FROM CANADA BCOZ OF PARENTS OR ANY OTHER THING.
KINDLY GUIDE

Don't type in all capitals, it looks like you're yelling.

If you bring to attention to IRCC the fact you don't meet residency obligation now, it may result with all of you (including kids) having PR status revoked.

You should not do anything now, and when the kids each turn 18 or so they can apply for PR TDs on H&C grounds of being removed from Canada as minors. Note though they should intend to move to Canada permanently at that time. The H&C allowance will most likely be a 1-time offer, so if they don't follow the RO after that time they should expect to have PR status revoked later on.