Seniors Please define this line

[Anns123]

Be a permanent resident and have no unfulfilled conditions relating to permanent resident status.

It is line in instruction of Minor Citizenship Applcation. Please explain .My concern is only that is there need to fulfill residencey obligation of PR for minor citizenship application. I know that there is no residencey obligation 6/4 year in minor citizenship application but if I apply they should fulfill their PR card residencey obligation that is 730 days in Last 5 years or I can apply without this obligation for my children as Canadian citizen.

 

[dpenabill]

Be a permanent resident and have no unfulfilled conditions relating to permanent resident status.

It is line in instruction of Minor Citizenship Applcation. Please explain .

I assume you understand what "be a permanent resident" means, which is simple enough: the applicant (minor or otherwise) must have PR status in order to be eligible for a grant of citizenship.

As of the coming into force of the SCCA, in addition to being a PR, all applicants for citizenship must have NO unfulfilled conditions to be eligible.

Certain classes of Permanent Residence come with a condition, which if not fulfilled will subject that individual to loss of PR status.

One of the more typical, often encountered conditions, was for those PRs who obtained PR status in the entrepreneur class, who had to establish a business in Canada meeting specified requirements within a prescribed period of time.

While the condition itself applied specifically to the principal applicant, the PR status of all accompanying dependents is also dependent on the principal applicant fulfilling the condition.

Amendment to the Citizenship Act in the SCCA (which many refer to as Bill C-24) specifically included the fulfillment of all conditions as a requirement for grant citizenship.

If the principal applicant for PR did not have any conditions attached to the grant of PR status, the accompanying dependents have no unfulfilled conditions, no problem.

If the principal applicant for PR had a condition attached to the grant of PR status, and met that condition, the accompanying dependents have no unfulfilled conditions, no problem.

The most common problem for a dependent PR arises when the principal (or primary) PR's status was subject to a condition, typically in the entrepreneur class, and the principal PR has failed to meet the condition. The accompanying dependents of that PR have an unfulfilled condition and are not eligible for a grant of citizenship.

 

[Anns123]

Dear depenabill
Thanks for reply in detail. I got my citizenship but my kids who got PR 2010 went back home country & came back in 2014. At the time they are not fulfilling their PR card residency obligation. so can I apply their citizenship or I should wait for fulfilling their PR residency obligation. Thanks

 

[Anns123]

waiting for advice

 

[dpenabill]

Dear depenabill
Thanks for reply in detail. I got my citizenship but my kids who got PR 2010 went back home country & came back in 2014. At the time they are not fulfilling their PR card residency obligation. so can I apply their citizenship or I should wait for fulfilling their PR residency obligation. Thanks

The PR Residency Obligation is not a condition of PR. Thus, non-compliance with the PR RO does not constitute an "unfulfilled condition of PR."

However, to be eligible for the grant of citizenship both adults and minors must have valid PR status.

Generally compliance with the PR RO is necessary to maintain valid PR status, but I do not know how this applies to minors relative to making an application for citizenship.

My inclination would be to wait, but I am not at all sure if that is necessary. Maybe someone else here has a better answer. (I do not follow the grant citizenship process for minors.)

As a side note, I wonder to what extent the coming into force of the SCCA discourages participants from offering suggestions about whether or not to apply for citizenship since the new provisions (section 29.2(2)(b) of the Citizenship Act) now make it a criminal offense to communicate false or misleading information to induce a person to make or not make a citizenship application. In other words, it is now a crime to erroneously state the requirements for citizenship in a context that may influence a person to apply, or to not apply. So any one who posts erroneous information here in the context of encouraging or discouraging the making of a citizenship application is committing a crime. Ominous. Prosecution probably unlikely (the provision obviously targets consultants). But I nonetheless wonder to what extent the fact that making a mistake, in stating reasons for why a person should or should not apply for citizenship, could constitute a crime is having a chilling effect.

 

[Anns123]

Thanks for advice