PR of minor child ....less than 18 yrs old

[sushid0c]

hi.

somewhere i read that the residency obligations are not mandatory for a minor child.

does that mean that a child may not be residing in canada for 730 days in a 5 yr period and still retain his PR status ????? or have i misinterpreted things...

please guide.

 

[Leon]

The residency obligations are not mandatory for a minor child to apply for citizenship. Actually, only the parents can apply for citizenship for the child so one parent would either have to be a citizen already or be a PR and be applying for his own citizenship at the same time. The parent would need to meet the 1095 days in 4 years requirement to apply for citizenship but the child does not.

As for keeping your PR, your child will still lose PR if he doesn't live in Canada for 730 days every 5 years unless he is staying with a parent who is a Canadian citizen or a parent who is a PR and is working for a Canadian company overseas.

 

[sushid0c]

thanks for the speedy reply

from your post i understand that the minor child still has to stay 2 years in 5 years to maintain the PR.

the residency relaxation is not for PR obligations but for citizenship.

am I correct??

please correct me if i am wrong.....because
i need to plan accordingly

thanking you in advance

 

[Leon]

Yes, you are correct.

 

[sushid0c]

thanks again

sushidoc

 

[reikiprince]

Dear Leon Sir and other experts.

We (myself, my wife and 6 year old child) have become Canada PR holders on Sep 2014 and expiring in Sep 2019. I work in UAE government sector and unable to move to Canada for lack of proper job there. The truth is I am very much attached to my child and the thought of sending him away gives me mental stress. My wife wants to move for the future of our child. She suggested that if i cannot send the child with her, then she will stay in Canada in 2018 and 2019 to meet 2 out of 5 years. But my child and I will stay in UAE. Then she intends to responsor the child in 2020 after his PR expires in 2019. then the child can move to Canada in the next 5 year window of 2020 to 2025.

Though this means separation of mother and child which she is ready to sacrifice for sake of child. My question is

1) Will Canada allow her to responsor her child's PR if he did not utilize his earlier PR?This question is assuming she is unemployed but does not depend on Canada government for funds as she has enough funds of her husband/self.

2) How long it takes to responsor childs pr for a mother?

3) Have you come across such past cases of mother responsoring child and what is the success rate?

4)What happens if none of us move to Canada and child returns to Canada at age 18 saying father removed him from Canada as minor. He already has a USA tourist visa so he can reach the Canada border via USA.


I thank you in advance for your much valued advise. I appreciate your time and effort.

regards
reikiprince

The residency obligations are not mandatory for a minor child to apply for citizenship. Actually, only the parents can apply for citizenship for the child so one parent would either have to be a citizen already or be a PR and be applying for his own citizenship at the same time. The parent would need to meet the 1095 days in 4 years requirement to apply for citizenship but the child does not.

As for keeping your PR, your child will still lose PR if he doesn't live in Canada for 730 days every 5 years unless he is staying with a parent who is a Canadian citizen or a parent who is a PR and is working for a Canadian company overseas.

 

[Leon]

Dear Leon Sir and other experts.

We (myself, my wife and 6 year old child) have become Canada PR holders on Sep 2014 and expiring in Sep 2019. I work in UAE government sector and unable to move to Canada for lack of proper job there. The truth is I am very much attached to my child and the thought of sending him away gives me mental stress. My wife wants to move for the future of our child. She suggested that if i cannot send the child with her, then she will stay in Canada in 2018 and 2019 to meet 2 out of 5 years. But my child and I will stay in UAE. Then she intends to responsor the child in 2020 after his PR expires in 2019. then the child can move to Canada in the next 5 year window of 2020 to 2025.

Though this means separation of mother and child which she is ready to sacrifice for sake of child. My question is

1) Will Canada allow her to responsor her child's PR if he did not utilize his earlier PR?This question is assuming she is unemployed but does not depend on Canada government for funds as she has enough funds of her husband/self.

2) How long it takes to responsor childs pr for a mother?

3) Have you come across such past cases of mother responsoring child and what is the success rate?

4)What happens if none of us move to Canada and child returns to Canada at age 18 saying father removed him from Canada as minor. He already has a USA tourist visa so he can reach the Canada border via USA.


I thank you in advance for your much valued advise. I appreciate your time and effort.

regards
reikiprince

1) Yes, she can re-sponsor her child as well as you, her spouse. She would need to show that you will not end up on welfare if you join her in Canada so having income would be nice. There is no malice having lost your PR due to not meeting the RO but you must officially lose it before you can be sponsored so you should renounce just before she sponsors you.

2) It depends on the visa office but would be at least months up to a couple of years in some cases.

3) I have told people about this option and there are no rules against it. I am not sure I remember a case of someone coming back and saying they were successful in doing this but I haven't seen a case either where it was denied. There would really be no reason to deny a parent to sponsor a child under normal circumstances.

4) In the past, minors removed from Canada have in most cases been allowed to keep their PR's especially applying as young adults but there are no guarantees that this will still be the case when your son turns 18.

5) Another option would be for your wife to stay in Canada for 4 years and then apply for citizenship. After getting it, she can join you and your child in the UAE. If neither of you have officially lost your PR status at that point, you could revive it by having her stay with you for 2 years because time spent outside Canada with a Canadian citizen spouse (or Canadian citizen parent if this is a minor PR child) will be counted as time spent in Canada towards the residency requirements. If at some point ready to move to Canada, you would still meet the RO and can apply for a travel document and so can your child. This might however change in the future too. There are no guarantees with immigration but at least if your wife is a citizen, she can always return to Canada and sponsor you and your child as long as your child is under 19.

 

[Raj chandigarh]

hello leon

i m in canada for last 2 months.....now wants to go back to my country as jobs are not easy to get....other jobs are very hard which i am doing and my body doesnt allow to continue...i wanted to stay here for my son 14 years old and wanted to bring him here in september as he wish to live in canada.....even he insist on living alone in canada if i opt to go back....but being a father i know it is not easy for him to stay alone.....i fear when he will grow old he will blame me for loss of his PR....i first came in 2013 stayed for 3 months with family....now i came alone just to settle the things for them but too difficult to continue.....

plz advise what is the prospect of my child can he appeal revival of his PR one he turned 16....or 18....his pr card will expire in 2018

plz guide,....under lots of stress

thanks

 

[Leon]

hello leon

i m in canada for last 2 months.....now wants to go back to my country as jobs are not easy to get....other jobs are very hard which i am doing and my body doesnt allow to continue...i wanted to stay here for my son 14 years old and wanted to bring him here in september as he wish to live in canada.....even he insist on living alone in canada if i opt to go back....but being a father i know it is not easy for him to stay alone.....i fear when he will grow old he will blame me for loss of his PR....i first came in 2013 stayed for 3 months with family....now i came alone just to settle the things for them but too difficult to continue.....

plz advise what is the prospect of my child can he appeal revival of his PR one he turned 16....or 18....his pr card will expire in 2018

plz guide,....under lots of stress

thanks

There are no guarantees. In past times they were pretty relaxed about issuing travel documents for people who were removed as minors and wanted to return, even in their early 20's. Recently they have started denying more applications. I am afraid that if your son only ever spent 3 months in Canada in his life in 2013 at age 12 then, they will not consider his bond to Canada to be very strong. However, 14 years is also too young to live on his own.

If you can set him up to live with relatives or friends, you could leave him behind. Same if you find a boarding school that will take him.

Otherwise, he should in any case try to return in 2 years at age 16 with his still valid PR card if you trust him to be alone at that point. He will not meet the RO then but he always has a chance when entering Canada that they will not report him. If they do report him, he can appeal their decision. You can even go with him and help him enroll in high school and find him a place to stay. However, keep in mind that there are many perils for youngsters living alone. You might want to try to find a family that will rent him a room and take care of him.

 

[Raj chandigarh]

Thanks dear

 

[Raj chandigarh]

hello dear
i was concerned about my child who ll be 15 years next year....my friend has agreed to keep him as his guardian for his schooling in canada for 2 years....how can it help....do i need to give him guardianship from canada or can i send my child with guardianship paper from India....my sons PR is valid till 2018

thanks

 

[Raj chandigarh]

Dear leon plz guide
thanks

 

[Leon]

hello dear
i was concerned about my child who ll be 15 years next year....my friend has agreed to keep him as his guardian for his schooling in canada for 2 years....how can it help....do i need to give him guardianship from canada or can i send my child with guardianship paper from India....my sons PR is valid till 2018

thanks

You can send him with guardianship papers from India. He can show them when he enters Canada if he is asked and then give them to his guardian in case he needs to show them.

 

[Raj chandigarh]

thanks leon.....
so what i could make out is that those papers will have equal value in Canada...and those paper could help him get admission in school by my friend itself.

i believe a Notary public attested documents would be fine ..what u suggest?

thanks for help

 

[Msafiri]

Your posts seems to indicate you are in Canada but wanting to leave. If this is the case the guardianship paperwork should be drafted as per the relevant Provincial legislation. Even if you have left Canada and are presumably in India note that CIC typically needs notarized documentation from both the guardian and the parent to make the agreement effective. Talk to a lawyer so you can get the proper procedure and paperwork in place especially as there will be a need to address the consent of the other parent too. Don't rely on the forum for this as it beyond the scope.