Residency Obligation

[NBK]

Hi all,
I would be really thankful if you could help me find an answer to this.


My son was born outside of Canada after I got a PR status. I got my PR on June 17, 2014 and the baby was born outside of Canada on August 5, 2014. Our PR cards will expire on June 2019. By May 2017 I and my wife are planning to move to Canada permanently. Of course we will get a visa for our child to enable him enter Canada and once we have arrived, I will fill out a sponsorship application on my son's behalf to give him a PR status. Now my question is " As far as I know the processing time of his application is 24 months. Do we, in this case, count the 24 months of the processing of his sponsorship application as part of the four years of the residency obligation in order for him to be eligible for citizenship??? please HELP

Lets say it like this:
- We will move to Canada May 2017.
- By May 2019, my son will get his PR (Two Years Processing Times)
- I and my wife will be eligible to apply for Citizenship by May 2021. The most important question is below:
- Is my son, who was born outside Canada, eligible to apply for citizenship with us ? (He will stay in Canada two years as a non-PR and two more years as a PR. Do you think CIC will count those two non-PR years as part of his residency obligation? thanks

 

[Alurra71]

Hi all,
I would be really thankful if you could help me find an answer to this.


My son was born outside of Canada after I got a PR status. I got my PR on June 17, 2014 and the baby was born outside of Canada on August 5, 2014. Our PR cards will expire on June 2019. By May 2017 I and my wife are planning to move to Canada permanently. Of course we will get a visa for our child to enable him enter Canada and once we have arrived, I will fill out a sponsorship application on my son's behalf to give him a PR status. Now my question is " As far as I know the processing time of his application is 24 months. Do we, in this case, count the 24 months of the processing of his sponsorship application as part of the four years of the residency obligation in order for him to be eligible for citizenship??? please HELP

Lets say it like this:
- We will move to Canada May 2017.
- By May 2019, my son will get his PR (Two Years Processing Times)
- I and my wife will be eligible to apply for Citizenship by May 2021. The most important question is below:
- Is my son, who was born outside Canada, eligible to apply for citizenship with us ? (He will stay in Canada two years as a non-PR and two more years as a PR. Do you think CIC will count those two non-PR years as part of his residency obligation? thanks

This is all great in theory, however you son can't just 'move' to Canada with you in 2017 if he is not visa exempt and does not have a visa to enable him to move.

You can't sponsor your son for PR until at least ONE of you are in Canada and remain in Canada. If you wait until 2017 to move back, then you are very close to the RO exemption of 1095 days outside of Canada. If your son does not have a travel visa, one of you will have to remain outside Canada and/or leave the child with a family member outside of Canada while you both return. If one of you stays outside Canada then that spouse is now at risk for loosing his/her PR status for staying outside Canada. If that happens, then the spouse that is in Canada will have to re sponsor the spouse that has lost PR status.

When you finally get around to filing for citizenship, as far as I know, so long as your child is a valid PR then he can be added to your citizenship application.

 

[Rob_TO]

Agreed with above. You are leaving things to the last minute which is risky. Have you planned for situation if your son's TRV to Canada is rejected?

 

[little_apple]

Why would someone apply for PR, get approved and then move there 3 years later? Why even apply for PR if there is no intent to live there right away?

 

[zardoz]

Why would someone apply for PR, get approved and then move there 3 years later? Why even apply for PR if there is no intent to live there right away?

Because, for some people, unravelling your life in one country, before immigrating to Canada, can take a LONG time to complete. They know this and have plans measured in years rather than months, or even weeks.

 

[little_apple]

Because, for some people, unravelling your life in one country, before immigrating to Canada, can take a LONG time to complete. They know this and have plans measured in years rather than months, or even weeks.

I was just wondering. 3 years is a long time and the application process usually takes a year or longer. Seems like a very long time to prepare a move to another country. But like I said: I was just wondering