PR Maintenance for Minor

[grouvvy]

I got PR status for me and my family. However, due to extreme weather conditions, my wife could not adjust to extreme weather conditions and we were forced to leave the country last month.

My daughter, presently 15, wants to return back to Canada for her education and later on settle there. Can she maintain her PR status as an individual even though she is a minor ? Or does her PR status automatically get revoked if her father, Principal Applicant (that is me), loses the PR status ? Please advise urgently as we are considering to send her back.

 

[Leon]

Yes, she can maintain her PR status as a minor. If she is staying in Canada with relatives etc., she can apply to renew her PR card shortly before it expires. You can find the forms here: http://www.cic.gc.ca/english/information/applications/prcard.asp
If she is under 18 at the time her PR card expires, one of her parents needs to co-sign her PR card application.

Another option if she is living in India with you and ends up not meeting the residency obligation, she could apply for a PR travel document at age 18, stating that she was removed from Canada as a minor by her parents. PR children are in most case granted travel documents under these circumstances and get a chance to go back and keep their PR.

 

[grouvvy]

Thanks Leon for your reply. I think if possible, she will immediately move. But if a parent has to sign the form during renewal (if she is still a minor), can they do so from India ? Because if they have lost the PR status, they wouldn't be allowed to come to Canada. Right ?

in such cases, how do parents normally come to visit their children on frequent basis ? Are they easiky granted visit visa ?

 

[Leon]

Thanks Leon for your reply. I think if possible, she will immediately move. But if a parent has to sign the form during renewal (if she is still a minor), can they do so from India ? Because if they have lost the PR status, they wouldn't be allowed to come to Canada. Right ?

in such cases, how do parents normally come to visit their children on frequent basis ? Are they easiky granted visit visa ?

The forms do not state that you must be a PR to sign them for your child. The form can easily be mailed to you in India for you to sign it. Your daughter should however be the one to mail it in to immigration from Canada.

Having lost your PR status doesn't mean you are barred from entering Canada. You are still a PR until you officially lose your PR status. Until then, you can still travel on your PR card. However, the more often you do it, the more likely it becomes that an immigration officer will ask you if you meet the RO and want to report you for not meeting it. When that happens, you can tell them that they may report you if they want to. This starts a process that will officially revoke your PR. If your PR card is already expired and you want to visit, you can do the same by applying for a PR travel document for yourself from India. The Canadian embassy will then conclude that you do not meet the RO and will lose your PR. After having lost your PR, you may apply for a visit visa. As you have lost your PR due to not staying in Canada enough and you have a home and a job in India, I do not think you would be considered very likely to overstay your visa. I have known of people in that situation to be granted a visit visa. A multiple entry visa would allow you to visit your daughter as much as you want.

 

[grouvvy]

Thank you so much Leon for clarifying in details.

 

[steaky]

If you do send her back, would you consider to move her to the Vancouver area? Weather wise, it's more warmer than Calgary. Your wife might have a better time there, especially visiting her in winter.