Minor residency revival

[dutsu]

Dear Leon

1. We and our two kids did not fulfill our residency obligation. We landed in 2008 August and left Canada after a month. My first son stayed back for his study in a Canadian university and now applied for his citizenship.



2. My second son was a minor then. He is now 18+ and got an offer from a Canadian University. His PR card is valid till August 2013. His admission is likely to be in first week of August. My inquiry is;

i) As his PR is valid till August, will he be reported by an immigration officer on landing in an airport, if the admission offer is shown to the officer.

ii) If he is reported can he be denied admission in the University for not fulfilling residency obligation?

iii) If he is reported but admission granted, would he pay the reduced fee as a domestic student.?

iv) Should he apply for a Travel Document stating his facts that he was removed from Canada by his Parents in 2008 when he was a minor and wants to return to Canada for his higher studies now. Will this help in renewing his residency and make him eligible to pay domestic fee OR he should enter through road border in a private car to try his luck.



3. We are also planning to visit Canada in August with our third minor son before expiry of our PR card. If we cannot avoid being reported and do not appeal, will our residency be totally revoked?



4. My wife and myself may not have a favorable condition to return to Canada now but like to retain our residency. How? My third son does not want to go to Canada now till he becomes adult and takes university admission in Canada, probably in 2016. If reported on landing during our proposed visit in August will his residency be cancelled. If cancelled, will he be able apply for Travel Document to return to Canada when he is adult in 2016 and want to study in Canadian university.



5. Kindly advise our best course of action. Is it better for my third son not to visit Canada now to avoid being reported (and subsequent PR cancellation), so that he can successfully apply for Travel Document in 2016. ?



6. Is there any mandatory requirement for a Permanent resident to apply for residency renewal once the first five year of residency nears completion. If not, will the Immigration issue us reminder to submit renewal application. What happens then?



Your kind response will be appreciated.

Regards

 

[Leon]

i) As his PR is valid till August, will he be reported by an immigration officer on landing in an airport, if the admission offer is shown to the officer.

The admission offer is not important. Having been removed from Canada as a minor is. If they report him, he can appeal based on that and has an excellent chance to win his PR. He should however stay in Canada for 2 years straight because then he will meet the residency requirements again and can apply to renew his PR card. If he doesn't get reported and doesn't win an appeal, it is best for him to not try to renew his PR card until he meets the requirements again.

ii) If he is reported can he be denied admission in the University for not fulfilling residency obligation?

No, the university has nothing to do with immigration.

iii) If he is reported but admission granted, would he pay the reduced fee as a domestic student.?

He is a PR until he loses the appeal. If he were to lose the appeal which is very unlikely having been removed from Canada as a minor, he would have to apply for a student visa and pay international fees if he wants to stay.


iv) Should he apply for a Travel Document stating his facts that he was removed from Canada by his Parents in 2008 when he was a minor and wants to return to Canada for his higher studies now. Will this help in renewing his residency and make him eligible to pay domestic fee OR he should enter through road border in a private car to try his luck.

He should not apply for a travel document because he still has a valid PR card. Travel documents are for people who are outside Canada without a PR card, having lost it, having expired etc.

3. We are also planning to visit Canada in August with our third minor son before expiry of our PR card. If we cannot avoid being reported and do not appeal, will our residency be totally revoked?

Yes.

4. My wife and myself may not have a favorable condition to return to Canada now but like to retain our residency. How? My third son does not want to go to Canada now till he becomes adult and takes university admission in Canada, probably in 2016. If reported on landing during our proposed visit in August will his residency be cancelled. If cancelled, will he be able apply for Travel Document to return to Canada when he is adult in 2016 and want to study in Canadian university.

If you gain entry and are not reported, you could stay for 2 years and meet the residency requirements again. If you do not want to stay, you will lose your PR. You can not retain your residency if you don't move to Canada now. As for your son, if he is reported on this entry, you should at least appeal for him so he can keep his PR. If he doesn't lose his PR, he can apply for a travel document when he is an adult.

5. Kindly advise our best course of action. Is it better for my third son not to visit Canada now to avoid being reported (and subsequent PR cancellation), so that he can successfully apply for Travel Document in 2016. ?

If he is reported and you appeal for him, he should be fine.

6. Is there any mandatory requirement for a Permanent resident to apply for residency renewal once the first five year of residency nears completion. If not, will the Immigration issue us reminder to submit renewal application. What happens then?

Nobody will remind you to renew your PR card. It is not mandatory to renew it. If you are staying in Canada, you have no problem without a PR card. If you are outside Canada, you can get a travel document to return as long as you meet the residency requirements but not if you don't.

 

[dutsu]

Dear Leon

Thanks for your kind and prompt response.

Your response to Q1 : while someone stays in Canada for two years to meet the residency requirement before renewing PR Card, will he be a legal PR of Canada and be eligible for all benefits available to a PR such as Health Card, Driving license, tuition subsidy etc.?

Your clarification to Q4--for our minor son, if he is reported, you said we can appeal so he can keep his PR. My questions are;
1) Can this appeal be done from outside of Canada?
2) Will he be required to stay in Canada or can be away from Canada during the period from reporting and appeal till the verdict is out.
3) If his PR continuation is granted, can he stay outside of Canada till he is adult?
4) If we don't appeal for keeping his residency now, will he not be eligible for PR revival after becoming adult?

You also wrote, if he does not lose his PR, he can apply for TD when he is an adult. Does it mean, if he is not reported when entering Canada or he does not enter Canada now (to escape reporting), he will not lose his PR even the PR Card expires in August'2013 and this will favor him in future to apply for TD when he is an adult. Kindly elaborate so that he can surely be with his two other brothers in Canada in future. It will be disastrous for all of us if he fails to get residency when he is adult. We cannot force him against his will to go to Canada now when he is still a minor.

If we, the parents lose our residency now, how can we join our children in future, considering Canada has stopped parent's visa. We are growing more ties in Canada now.

Dear Leon, I read your posting very keenly and get curious to know how you are so conversant with Canadian Immigration rule in so much detail. Are you an Immigration lawyer by profession?

Regards

 

[Leon]

Your response to Q1 : while someone stays in Canada for two years to meet the residency requirement before renewing PR Card, will he be a legal PR of Canada and be eligible for all benefits available to a PR such as Health Card, Driving license, tuition subsidy etc.?

To avoid problems, he should take care of his health card and drivers license before his PR cards expires. I remember someone saying that students can have problems not having a valid PR card but there is a work-around. He will basically have to deal with it as it happens. He is still a PR so he is legal in Canada.

Your clarification to Q4--for our minor son, if he is reported, you said we can appeal so he can keep his PR. My questions are;
1) Can this appeal be done from outside of Canada?
2) Will he be required to stay in Canada or can be away from Canada during the period from reporting and appeal till the verdict is out.
3) If his PR continuation is granted, can he stay outside of Canada till he is adult?
4) If we don't appeal for keeping his residency now, will he not be eligible for PR revival after becoming adult?

You should talk to a lawyer about this. I am not a lawyer so I can not tell you how to appeal. I can only tell you that if you are reported, you are offered to make your appeal within 30 days. If your son gets reported, you need to appeal for him or he may lose his PR.

You also wrote, if he does not lose his PR, he can apply for TD when he is an adult. Does it mean, if he is not reported when entering Canada or he does not enter Canada now (to escape reporting), he will not lose his PR even the PR Card expires in August'2013 and this will favor him in future to apply for TD when he is an adult. Kindly elaborate so that he can surely be with his two other brothers in Canada in future. It will be disastrous for all of us if he fails to get residency when he is adult. We cannot force him against his will to go to Canada now when he is still a minor.

Yes, even though his PR card expires, he does not lose his PR status. The PR card is only the proof of your PR status, not really your PR status as such. A PR whose card expires is still a PR until somebody revokes his status or he renounces it. The status can be revoked because immigration becomes aware that he doesn't meet the residency requirements without a good reason, for example because he arrives in Canada and they report him on entry or because he applies for a travel document.

If we, the parents lose our residency now, how can we join our children in future, considering Canada has stopped parent's visa. We are growing more ties in Canada now.

Parents applications may be allowed again in the future and if not, you will have to apply on your own if you want to go back. Either that or try to move now when your PR card is still valid.

Dear Leon, I read your posting very keenly and get curious to know how you are so conversant with Canadian Immigration rule in so much detail. Are you an Immigration lawyer by profession?

I am not a lawyer. I came here with a question some years ago and ended up with a lot of answers. If you were to hang out here for some years, you would end up with a lot of answers too.

 

[dutsu]

Dear Leon

Thanks for your response.

From your clarifications about my minor child who is 15 years of age now, my understanding is,

* if a minor's PR card expires when he is outside of canada, his PR status will continue and therefore, he can apply for TD when he turns 18 (adult). Immigration will not revoke it even if they know that the minor has not fulfilled his residency obligation as it will be considered involuntary as he is a minor.

* But during our proposed travel in August in 2013, if he is reported and we appeal, his PR status will be continued as he is a minor. But if we do not appeal his PR status will be revoked and he will not be eligible for TD when he turns adult and wants to come to Canada for higher education.

For my wife and myself:
* If we are reported on entry and appeal - there is a chance for PR renewal.
* If we are reported and do not appeal - it will be revoked.
* If we do not enter Canada before expiry of our PR card in August, it will be revoked as we are adults.

Would you have any idea how long time usually it takes for the IAD to determine the final outcome of PR status when someone is reported.

We are Visa exempt category traveller. does it help to land and stay in Canada as and when we want to be with our children.

Would you kindly advise a good lawyer.

Regards

 

[Leon]

* if a minor's PR card expires when he is outside of canada, his PR status will continue and therefore, he can apply for TD when he turns 18 (adult). Immigration will not revoke it even if they know that the minor has not fulfilled his residency obligation as it will be considered involuntary as he is a minor.

* But during our proposed travel in August in 2013, if he is reported and we appeal, his PR status will be continued as he is a minor. But if we do not appeal his PR status will be revoked and he will not be eligible for TD when he turns adult and wants to come to Canada for higher education.

For my wife and myself:
* If we are reported on entry and appeal - there is a chance for PR renewal.
* If we are reported and do not appeal - it will be revoked.
* If we do not enter Canada before expiry of our PR card in August, it will be revoked as we are adults.

Your PR will not be revoked either if you let the card expire. Immigration simply does not know the whereabouts of all PR's off hand so it does not happen automatically that you lose your PR. It only happens if you get reported on entry or if you apply for a travel document or PR card renewal and they see that you don't meet the requirements.

I honestly do not know if they report children, maybe they don't even do it but as far as I know, if he were to lose his PR completely, he would not be able to revive it again as an adult.

I suggest you try the lawyer who owns this website. You can find him here: www.canadavisa.com

 

[dutsu]

Dear Leon

Thanks for your response.

I am the principal applicant under skilled migration. If I lose my PR for any reason, will the minor child, other children and wife will also lose their PR.

Regards

 

[dutsu]

Dear Leon

If I may rephrase my earlier question, if I and my wife surrender our PR or our PR is revoked, will our 3rd minor child automatically lose his PR? Will he not be able to apply for TD when he becomes adult in 3 years time or even in his minor age.

Regards

 

[Leon]

No, your childrens PR is not linked to yours so if you lose your PR, it will not affect your children.

 

[dutsu]

Dear Leon

Lawyers opinion is divided on Minor's residency revival when he becomes adult. You said if Minor's PR status is cancelled, then it cannot be revived when he is adult. Some lawyers said it can be revived because minor was not in a position to decide, it was because he was under his parent's guidance and not independent. other said no it can't be revived once revoked.

However, if someone has two other brothers in Canada, will it not favour the 3rd minor brother when applying for TD from family tie and compassionate consideration. When his parents detached himself from their last country of residence by selling his property, will it not help his kids to be with his other brothers.


Regards

 

[Leon]

Dear Leon

Lawyers opinion is divided on Minor's residency revival when he becomes adult. You said if Minor's PR status is cancelled, then it cannot be revived when he is adult. Some lawyers said it can be revived because minor was not in a position to decide, it was because he was under his parent's guidance and not independent. other said no it can't be revived once revoked.

However, if someone has two other brothers in Canada, will it not favour the 3rd minor brother when applying for TD from family tie and compassionate consideration. When his parents detached himself from their last country of residence by selling his property, will it not help his kids to be with his other brothers.

Regards

I know that if he doesn't lose his PR and applies for a travel document when he is of age, he has a very good chance to get it based on having been removed from Canada as a minor by his parents. I don't know if having older brothers in Canada will help but it certainly wont harm his case. It may help convince immigration that he will really settle in Canada but I think they would give him the chance regardless.

However, if he had gotten reported and lost his PR before becoming of age, I have really no idea. I am not a lawyer and like you said, even lawyers do not agree what would happen in that case. I do believe that if you all arrive together and if the officer wants to report you, you could plead with them to not report your son because he is a minor and if they do anyway, you could appeal for him. I believe that he would win an appeal and if he were to win an appeal, his PR would not be revoked and he could still apply for a travel document when he turns 18. However, this is not something that anybody can guarantee you.

Have you considered the possibility of letting him stay with his older brothers now if you all get in without being reported?

 

[kaisecoolman]

Mr.Leon,

Hope you can help.

I want to apply for a travel document and i have a similar situation. I landed in Canada back in 2000 and came back to Somalia 2004 with my aunty. My aunty told me we were going for a two week holiday trip to see family members, I was lied to and those two weeks became 9 years. I was a minor (13yrs) when I left Canada and ever since I have been kept from going back, by my aunty. I am now 22 and want to return. So here are my questions:

1- I know that based on humanitarian and compassionate grounds I might be issued the travel document, however, I have an inactive habitats b. Will they issue me a travel document or refuse me based on medical grounds?

2- If they do refuse me based on medical grounds and there are exemptions for medical inadmissibility, such as risk to life if refused. Since I am from Somalia and it’s a war zone basically do you think I will be exempt from medical inadmissibility?

3- Will my aunty face any charges or get in trouble with the government for what she did?

 

[Leon]

You have a pretty good chance of getting a travel document based on having been removed from Canada as a minor. Maybe they will question why your aunt was allowed to decide that. Where are your parents?

Maybe they will ask why you did not try to return to Canada as soon as you reached the age of majority but the criteria for the processing for immigration actually states first opportunity after reaching age 22 and immigration does consider children to be dependent until age 22 so you still have a good chance of getting it if you apply right now. Don't wait though because every year you wait, it will get harder.

Since you already have PR, there is no further medical required so you can not be refused a travel document on medical grounds.

Did your aunt kidnap you from your parents? If she did, she should be punished for it but if she stays in Somalia, it is very unlikely that will happen. If she was acting as your legal guardian because your parents allowed her or because your parents had died, she did not kidnap you and there would be no legal consequences for her.

Mr.Leon,

Hope you can help.

I want to apply for a travel document and i have a similar situation. I landed in Canada back in 2000 and came back to Somalia 2004 with my aunty. My aunty told me we were going for a two week holiday trip to see family members, I was lied to and those two weeks became 9 years. I was a minor (13yrs) when I left Canada and ever since I have been kept from going back, by my aunty. I am now 22 and want to return. So here are my questions:

1- I know that based on humanitarian and compassionate grounds I might be issued the travel document, however, I have an inactive habitats b. Will they issue me a travel document or refuse me based on medical grounds?

2- If they do refuse me based on medical grounds and there are exemptions for medical inadmissibility, such as risk to life if refused. Since I am from Somalia and it's a war zone basically do you think I will be exempt from medical inadmissibility?

3- Will my aunty face any charges or get in trouble with the government for what she did?

 

[kaisecoolman]

Thank you for your valuable advice Leon.

My aunt was my legal guardian and shes currently living in Canada. I was wondering, when i came to Canada me and my sister came through the US border. Does this mean we have landing papers? My sister now lives in Canada and has her Canadian passport.

Since i don't have any information about my PR status or my Canadian documents, does it mean i probably have a PR status since i lived in Canada for more than two years. Does it also mean i have a PR card? since it takes 180 days to to obtain one after landing?

 

[Leon]

Thank you for your valuable advice Leon.

My aunt was my legal guardian and shes currently living in Canada. I was wondering, when i came to Canada me and my sister came through the US border. Does this mean we have landing papers? My sister now lives in Canada and has her Canadian passport.

Since i don't have any information about my PR status or my Canadian documents, does it mean i probably have a PR status since i lived in Canada for more than two years. Does it also mean i have a PR card? since it takes 180 days to to obtain one after landing?

When you said you "landed", I assumed you landed as a PR. If you just came to Canada as a visitor or under some kind of visa, for example because your aunt was on a work permit. you would not necessarily have PR. If you want to know, you should ask your aunt or your sister. You should also ask them if they know where your landing documents are located. If you are not a PR, you can not apply for a PR travel document. You would have to get a job offer and either apply for a work permit or apply for PR if you qualify.

When you arrived in 2000, there were no PR cards. Instead you would have had a large sheet of paper folded up a few times and stuck inside your passport. The PR cards were introduced in 2002 or 2003 I think. If your aunt never applied for a PR card for you, you would not have one.

Another way to possibly find out if you are a PR would be to apply for a verification of status, see http://www.cic.gc.ca/english/information/applications/certcopy.asp