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Permanent residency status of my child

Oct 11, 2020
8
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Hello I recently moved to Canada on PR basis (express entry) but I am not able to cope up with the extreme temperature and want to move back to India. I have a highly paid job in India but I want a good future to my son. I have a 11 year old child and i want him to live in Canada and do his schooling . In this time duration he will stay with my best friend who is already a citizen here. I have two questions

1. If I loose my permanent residency, will my child loose also as my child will be staying in Canada and i am planning to comeback to India.
2. Can I make my friend a legal custodian or guardian of my child? If yes what would be the procedure?

Please do assist me.

Many Thanks
 

steaky

VIP Member
Nov 11, 2008
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Hello I recently moved to Canada on PR basis (express entry) but I am not able to cope up with the extreme temperature and want to move back to India. I have a highly paid job in India but I want a good future to my son. I have a 11 year old child and i want him to live in Canada and do his schooling . In this time duration he will stay with my best friend who is already a citizen here. I have two questions

1. If I loose my permanent residency, will my child loose also as my child will be staying in Canada and i am planning to comeback to India.
2. Can I make my friend a legal custodian or guardian of my child? If yes what would be the procedure?

Please do assist me.

Many Thanks
If your friend is in Ontario:

Guardianship of minors
If money is payable to a child, a parent or other person can apply to be appointed as guardian of the child's property For example, money may be payable to a child when they receive an inheritance, are entitled to life insurance proceeds, or are awarded funds under a court order or judgment.

A parent with decision making authority is not automatically the guardian of property of his or her minor child's property. Money payable to a child will in most cases be paid into court. However, if a parent or caregiver wishes to receive and manage a child’s funds, they can apply to court to be appointed as the child’s guardian of property.

Learn more about guardianship involving minors.



https://www.ontario.ca/page/guardianship#:~:text=The only way to become,care that you must follow.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,531
2,275
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Hello I recently moved to Canada on PR basis (express entry) but I am not able to cope up with the extreme temperature and want to move back to India. I have a highly paid job in India but I want a good future to my son. I have a 11 year old child and i want him to live in Canada and do his schooling . In this time duration he will stay with my best friend who is already a citizen here. I have two questions

1. If I loose my permanent residency, will my child loose also as my child will be staying in Canada and i am planning to comeback to India.
2. Can I make my friend a legal custodian or guardian of my child? If yes what would be the procedure?

Please do assist me.

Many Thanks
Was said child the one you posted about in regards to adopting?
Is the child a PR ?
https://www.canadavisa.com/canada-immigration-discussion-board/threads/adoption-in-india.783288/
 
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canuck78

VIP Member
Jun 18, 2017
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Yes the child was adopted in India and was a dependent applicant with me in my PR express entry and he now holds PR with me.

So my child's renewal and maintenance of PR is separate from mine? Can he individually apply for citizenship after he lives the prescribed days in Canada or it needs to be combined with me as he is a minor?

Many Thanks
You can’t just leave your children with friends in Canada. Children services can easy become involved and take your child into foster care system. This is considered child abandonment. This will also be extremely damaging emotionally for the child especially for a child who has been adopted.
 
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canuck78

VIP Member
Jun 18, 2017
56,162
13,723
Hello I recently moved to Canada on PR basis (express entry) but I am not able to cope up with the extreme temperature and want to move back to India. I have a highly paid job in India but I want a good future to my son. I have a 11 year old child and i want him to live in Canada and do his schooling . In this time duration he will stay with my best friend who is already a citizen here. I have two questions

1. If I loose my permanent residency, will my child loose also as my child will be staying in Canada and i am planning to comeback to India.
2. Can I make my friend a legal custodian or guardian of my child? If yes what would be the procedure?

Please do assist me.

Many Thanks
You will remain a PR and are a tax resident if your child remains in Canada. You will have to pay and file taxes every year if your child is in Canada. What you are suggesting is considered child abandonment. If the authorities discover you have left your child in Canada and your child can be taken into foster care and you can even be charged with a crime. If your child applies for citizenship there may be an investigation into how no parent has been in Canada yet the minor child is claiming they have been living in Canada. What you are suggesting will be extremely damaging psychologically to a child especially a child who has been adopted. Was this child a family member or was this child a true orphan adopted from an orphanage? How long have you been in Canada? Millions of other Indian citizens have been able to adjust to temperature in Canada it is not a reason to abandon your child in Canada. If you want to return to a well paying job in India and this has little to do with the weather in Canada you should be taking your child with you.
 
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Kaibigan

Champion Member
Dec 27, 2020
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Hello I recently moved to Canada on PR basis (express entry) but I am not able to cope up with the extreme temperature and want to move back to India. I have a highly paid job in India but I want a good future to my son. I have a 11 year old child and i want him to live in Canada and do his schooling . In this time duration he will stay with my best friend who is already a citizen here. I have two questions

1. If I loose my permanent residency, will my child loose also as my child will be staying in Canada and i am planning to comeback to India.
2. Can I make my friend a legal custodian or guardian of my child? If yes what would be the procedure?

Please do assist me.

Many Thanks
What is the "extreme temperature" with which you are unable to cope? And did you not do some research in advance about the climate to which you would be moving?

And why did you adopt, only to make a plan to dump the kid in Canada and hightail it back to India soon after? As well, you say you have "a highly paid job in India". That almost sounds like you had that job all along and you were never a serious immigrant.

I agree with all of @canuck78's comments, supra.