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Popa2016

Newbie
Aug 10, 2016
2
0
Hi,
I need help in my problem. I recently became canadian citizen. My son and my wife are living in Romania. I am currently in divorce process. My son had a PR status but expired in June. He is minor. He didn't meet the residency obligation. He stayed here just a short period of time. I want my son to visit me every year but his PR is expired. The embassy told me that they cannot give him a visitor visa becouse he is PR. Is any chance to renew his PR card? Accordind to the law we'll have both the child custody and i want my son to spend as much as possible time with me here. Shall i book an appointment with an immigration officer? According to the inmigration law my son may loose his PR status if not meeting the residency obligation but it is not stated that he will definitly loose the status for that.
Thanks
 
First of all sorry to hear about your divorce and good luck!

A PR status does not just expire! He seems to still be a PR like you've been told by CIC / IRCC.

I understand that you want your son with you as much as possible. But the reality is that kids have to go to School to get some education and he either goes to School back home or in Canada. For a child it can be very stressful to travel back and forth all the time, and even though I believe kids should be around there parents (mom and dad), especially when they're young they should live in a consistent place.

When the two of you, your soon to be ex-wife and you keep custody for your son you should talk about what's best for him. This is not about parents but the child. You have to decide what would be the best for him. Meaning he could stay with his mom full time and just visit you while School's out or he could live with you and visit his mom.

I don't know about the RO's with minors.

Figure out what's best for the kid first and go from there.

Good luck to all of you!
 
If the child is under 18 and a PR, and you are a citizen, that qualifies him to also get Canadian citizenship. The only problem is he doesn't currently meet the residency obligation ("unfulfilled condition"). So you could possibly apply for a PR Travel Document on H&C grounds for him which could have a good chance of being approved since the child has no say in where he lives. A successful PR TD on H&C grounds would overcome the RO, and should then qualify him to apply for citizenship.
This is just my understanding based on the stated rules, others can correct if not accurate.

http://www.cic.gc.ca/english/information/applications/guides/CIT0003ETOC.asp
You may use this guide to apply for citizenship for your minor child. Read these instructions before you begin to fill out the application form. They contain important information.
Minor children must:
-be under 18 years of age at the time of the application;
-be a permanent resident of Canada;
-have at least one parent (includes adoptive parent) who is a Canadian citizen or who will become a citizen at the same time as the child

Minor children must not:
-be subject to any prohibition under the Citizenship Act (see section 11 of the application form CIT 0003); and/or
-have any unfulfilled conditions relating to their permanent resident status; and/or
-be under a removal order (asked by Canadian officials to leave Canada).