PR Obligations - principal applicant only or dependents also ?

[harmonika]

Hi All,
Just try to get my head around this. Are the PR obligations of physical presence applicable for principle applicant only or is it equally applicable for dependents (spouse and children)

Asking from perspective of PR renewal or citizenship.

Cheers

 

[Buletruck]

Applies to both principal and dependents (husband and wife). Until 18, the children aren't under the same obligation.

 

[crazy123]

Hi Buletruck,

If you have time, I have a few more questions.

You said children below 18 years aren't under the same obligation. What does that mean? So let's say, if I am maintaining my PR perfectly, but my kids could not join me in time (because they wanted to continue education in USA) and then they join me say one year before PR card expiry, then how will this situation be resolved? Does the government ignore their violation and let them renew PR card along with me? Please advise. Thanks so much.

 

[crazy123]

Hope somebody answers my question. Thanks.

 

[rish888]

Buletruck is partially correct in his answer.

For citizenship, there is no residency obligation for children if applying for citizenship at the same time as their parents.

For maintaining PR status, the 2/5 rule applies to everyone, children included. The can stay outside Canada for a maximum of 3 years before the will need to come back to Canada. (Not before the expiry of their PR card, because by that time they would have violated their residency obligation already.)

 

[crazy123]

Thanks Rish888

But if unfortunately they are not able to meet the residency requirement, what is the alternative? They are US citizens. Does that give them any other easy way to be in Canada while I apply for their PR again or apply for citizenship?

Would really appreciate if you can share any information which you may have.

Thanks

 

[rish888]

Have they already failed the residency obligation? If not, then it is always possible for them to meet it.

Being a U.S. citizen gives you an easy way to enter Canada as a tourist. it doesn't do you any favors from a PR perspective. They need to enter Canada before the 3 year anniversary of when they become PR's. Or else, they may loose the status. They could always try to enter the U.S. posing as visitors, but make no mistake that after 3 years passes there is always the risk that they will be discovered, which may mean them loosing their status and needing to leave Canada.

Best way is to meet the RO. Let them come back on their 3 year anniversary by latest (by which time your citizenship application should be submitted.) Let them stay in Canada until citizenship is granted. (Processing time can be up to a year, but can also be quicker.) Then once they are citizens they can live wherever they want.

 

[crazy123]

Have they already failed the residency obligation? If not, then it is always possible for them to meet it.

Being a U.S. citizen gives you an easy way to enter Canada as a tourist. it doesn't do you any favors from a PR perspective. They need to enter Canada before the 3 year anniversary of when they become PR's. Or else, they may loose the status. They could always try to enter the U.S. posing as visitors, but make no mistake that after 3 years passes there is always the risk that they will be discovered, which may mean them loosing their status and needing to leave Canada.

Best way is to meet the RO. Let them come back on their 3 year anniversary by latest (by which time your citizenship application should be submitted.) Let them stay in Canada until citizenship is granted. (Processing time can be up to a year, but can also be quicker.) Then once they are citizens they can live wherever they want.

Thank you so much for your response. Unfortunately, we all are still in USA. So the only available option/path I think and I prefer is this. That I will first go and continue in Canada, so that I meet my RO (I can still make it if I move within next month). Then I continue there and take citizenship of Canada, which will take 3 years from now. And then as soon as I get my citizenship, I will apply for PR for my kids and wife. This way they can continue US stay and education for next 3 years and then move to Canada. Does this plan sound OK to you or are there potential issues in it?

Would really appreciate if you can give me your advice. Thanks.