PR Obligation for child below 18 / below 14

[Vijay2010]

My kids have been PR in Sept. 2001. After staying there for 3 months they came back to home country. Then they never went to Canada in past 9 years. They have valid PR visa in passport & SIN card but they don't have PR card as it was not existing in 2001.

Now suppose the elder one (age 16 now) or the younger one (age 10 now) goes to Canada with some relative, will they allowed to enter or they will be sent back from air port itself? The relatives have valid visa to enter.

Suppose they are allowed to enter, will their PR status be automatically revived or they need to go for appeal? Will the officer put a stamp to stay for (say) 6 months or will they be allowed to enter freely?

We (their parents) have lost PR status as request (IMM 5524) for Travel document to re-enter Canada was rejected as Residency Obligation was not met and we didn't go for appeal too, within 60 days/

Please guide me in the matter as in cancellation of PR status, their names are nowhere incorporated.

Thanks

 

[PMM]

Hi

My kids have been PR in Sept. 2001. After staying there for 3 months they came back to home country. Then they never went to Canada in past 9 years. They have valid PR visa in passport & SIN card but they don't have PR card as it was not existing in 2001.

Now suppose the elder one (age 16 now) or the younger one (age 10 now) goes to Canada with some relative, will they allowed to enter or they will be sent back from air port itself? The relatives have valid visa to enter.

Suppose they are allowed to enter, will their PR status be automatically revived or they need to go for appeal? Will the officer put a stamp to stay for (say) 6 months or will they be allowed to enter freely?

We (their parents) have lost PR status as request (IMM 5524) for Travel document to re-enter Canada was rejected as Residency Obligation was not met and we didn't go for appeal too, within 60 days/

Please guide me in the matter as in cancellation of PR status, their names are nowhere incorporated.

Thanks

1. It is unlikely that their PR card is valid, so they would have to apply for a travel document and it is most likely to be refused the same as yours was for not meeting the PR residency.
2. If they make it to the Canadian Port of Entry, they would be reported for not meeting the residency requirements as well.

 

[Vijay2010]

Dear PMM,

Thanks for your reply.

You said that 'they would be reported for not meeting the residency requirements'. But would they allow to enter? They have destination to go and their close relatives are there in Canada as Citizen.

 

[PMM]

Hi

Dear PMM,

Thanks for your reply.

You said that 'they would be reported for not meeting the residency requirements'. But would they allow to enter? They have destination to go and their close relatives are there in Canada as Citizen.

They would be allowed entry for 30 days, which they would have to appeal the removal order. If they are reported and their parents aren't in Canada, they will not win at the Immigration Appeal Board, "taking the interests of the child" it is a forgone conclusion that the board will rule that the children should be with their parents.

 

[Alabaman]

I would advice you to consult an immigration lawyer. It is possible that your children will have a case.

 

[Vijay2010]

Dear Alabaman,

Thanks for your reply. But I didn't understand what you mean by 'your children will have a case'? Does it mean that it is possible for them to revive the PR status? Or does it mean that they have to face legal consequences? Thanks

 

[Alabaman]

Dear Alabaman,

Thanks for your reply. But I didn't understand what you mean by 'your children will have a case'? Does it mean that it is possible for them to revive the PR status? Or does it mean that they have to face legal consequences? Thanks

I meant since they were minors when they left and could not make decisions on their own, it might be possible to argue a case for them and probably restore their PR. This is what I think from reading about different cases online. It is best to consult an immigration attorney they will be able to give you a more informed advice. All the best man.

 

[Vijay2010]

Dear Alabaman,

Thanks for your clear advice. Do you (or anyone else) know any reliable Attorney in Toronto to be contacted through E-mail or locally? Thanks