PR Obligation & Travel Docs for Minor (<14)

[bens]

Hello all,

I have question about PR status & Travel docs for my daughter.

Some facts,
She became PR in July2004.
Stayed in Canada till July 2007 (about 20 days less in 3 years stay)
Went to India and staying there till today.
I want her to come back in next 3-6 months.
She is turning 14 in April 2012.
We (father & Mother) are living In Canada since July2004 and waiting for Citizenship. Held up because of RQ (Sent Dec2010).

Her PR is expired in the meantime. I checked with call centre and the CIC website. She has to get travel documents from Canadian Embassy in India to return.

Questions,
- One of the points on application kit 5529E says "You also need to meet the residency obligation of a permanent resident". I think they are looking for 730 days as per form But should it be in past 5 year starting the date of application? If it is from the date of application, she does not meet the requirement. So what happens next?

- Is she going to get any benefit of being minor (<14) and both parents in Canada? Or any compassion grounds?

- What is the validity period of travel docs, (how fast she has to enter Canada?).

- Does she have to personally go to high commission even if she is minor?

- Anybody has any idea about application processing time in New Delhi high commission for this? Or the Chandigarh office is faster? She has to travel from Gujarat with her grandfather.

- Would she be questioned at port of entry if she travels back alone, after she gets the travel docs?

- After coming to Canada should I apply for PR renewal or just wait for Citizenship? Any suggestions? She may not have to go back before becoming citizen, but not sure if PR status is required to get citizenship if she turns 14 next year!

I am also looking at our (me, wife & daughter) RQ check and subsequent interview. Does Citizenship office needs a minor to be present in Canada while giving citizenship? What happens if she turn 14 before we get our citizenship?

Thanks a lot guys for going through long topic. But any suggestions, guidance is highly appreciated.

 

[Leon]

If you are a PR for more than 5 years, your residency requirements of 730 days in Canada are always counted from the last 5 years. If she doesn't meet them for that period, it doesn't matter how much time she spent in Canada before then. You can be a PR in Canada for 20 years but as soon as you are gone for more than 3, your PR is gone. Those are the rules.

She can apply for a travel document stating that her evil parents made her lose her PR by sending her away against her will but are now ready to take her back and graciously allow her to live in Canada again. If she gets it, great, if she doesn't, you would have to sponsor her again which will not be a problem as she is still a dependent child of yours.

She does have to still be a PR in order to get citizenship. If she turns 14 before the oath, she will have to attend the oath.