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Elimam

Newbie
Sep 17, 2017
8
0
Hi Guys,
I have a query which I would like your help with. Any suggestions which would help will be appreciated.

I have a son who is 20 years old and a permanent resident to Canada, his PR will expire on June 2018. He only stayed One year in Canada in the past 5 years. My son is staying with me outside Canada because he is financially dependent on me during his study and I am a Canadian citizen.

If the law of IRCC apply the new definition of Dependent Child to be under 22 years of age, will he be able to count the days outside Canada as accompanying to a Canadian citizen mother to renew his PR Card? Or the new definition of Dependent Child is only for new sponsoring application ?

Thanks
 
Hi Guys,
I have a query which I would like your help with. Any suggestions which would help will be appreciated.

I have a son who is 20 years old and a permanent resident to Canada, his PR will expire on June 2018. He only stayed One year in Canada in the past 5 years. My son is staying with me outside Canada because he is financially dependent on me during his study and I am a Canadian citizen.

If the law of IRCC apply the new definition of Dependent Child to be under 22 years of age, will he be able to count the days outside Canada as accompanying to a Canadian citizen mother to renew his PR Card? Or the new definition of Dependent Child is only for new sponsoring application ?

Thanks
Good news!
From what you shared, your son is a PR and has met RO as of today! He cannot yet renew his PR card, but he can Jan 2018 onward, give or take!
Only open point is: whether PRC can be applied from abroad? Some say yes, some say no!
Dependent Child definition as of today is child under 19 years of age

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Situation 1. Accompanying a Canadian citizen outside Canada
You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).
 
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Under 22 dependent seems to apply only to new application, although there isnt much information beyond the news release yet. Being outside of Canada for education purposes is not generally considered suitable grounds for H&C applications should he wish to return with a PRTD after his pr card expires and in his case will be highly dependent on his age. The older he gets, the lower his chances of H&C for being removed as a minor. As he only has one year in Canada in the past 5, it's possible he does not meet RO at this time (it would depend on how long he has been a PR), he should seriously consider re-entry before his card expires. Application for renewal must be done from inside Canada (no exceptions).
 
Since which year has your son been staying with you abroad? Assuming he has been staying with you since before his 17th birthday, then he will be in compliance with his RO until right before his 22nd birthday. (Because till before his 22nd birthday the "rolling 5 year period" used to calculate RO compliance will included the two years between his 17th and 19th birthday, which he can count as RO credit.)

Best you two take some time to go to Canada sometime next year to renew his PR card, but he must move back to Canada permanently before he turns 22.
 
Good news!
From what you shared, your son is a PR and has met RO as of today! He cannot yet renew his PR card, but he can Jan 2018 onward, give or take!
Only open point is: whether PRC can be applied from abroad? Some say yes, some say no!
Dependent Child definition as of today is child under 19 years of age

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Situation 1. Accompanying a Canadian citizen outside Canada
You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Thanks for your reply. I am totally confused now!! will the new definition for dependent child be applicable for new application only or also for renewal of PR card?
they only updated the definition here: http://www.cic.gc.ca/english/helpcentre/glossary.asp#dependent_child_jul
But not in the appendix you refer to: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA
 
Under 22 dependent seems to apply only to new application, although there isnt much information beyond the news release yet. Being outside of Canada for education purposes is not generally considered suitable grounds for H&C applications should he wish to return with a PRTD after his pr card expires and in his case will be highly dependent on his age. The older he gets, the lower his chances of H&C for being removed as a minor. As he only has one year in Canada in the past 5, it's possible he does not meet RO at this time (it would depend on how long he has been a PR), he should seriously consider re-entry before his card expires. Application for renewal must be done from inside Canada (no exceptions).

Thanks for the reply.
I did not get what is H&C application? he physically stayed in Canada 1 year and 4 months during the past 5 years. and he is currently their after postponing his study abroad for one semester aiming to renew his PR before January 2018.

I am totally confused now!! will the new definition for dependent child be applicable for new application ONLY or also for renewal of PR card?
Do you think he will be able to renew the card by taking into consideration he is under 22 dependent child and was accompanying a Canadian citizen?
 
Since which year has your son been staying with you abroad? Assuming he has been staying with you since before his 17th birthday, then he will be in compliance with his RO until right before his 22nd birthday. (Because till before his 22nd birthday the "rolling 5 year period" used to calculate RO compliance will included the two years between his 17th and 19th birthday, which he can count as RO credit.)

Best you two take some time to go to Canada sometime next year to renew his PR card, but he must move back to Canada permanently before he turns 22.

Thanks for your reply,
My son began staying with me 40 days before his 19th birthday till now (he is 21 years old). And during that period ( 19th and 21th) he visited Canada in the Summers.

I am totally confused!! is the new definition of dependent child (under 22 years) applies only for new applications or also for the renewal of the PR?