Dependant PR issue

[vania]

Hi all

My husband sponsoring me and my son from my previous marriage. Not done yet, still waiting. My ex-husband signed notarized document that he allow his son to immigrate to Canada with me.

Now, he changed his mind. He wants our son to live with him, in Canada only the vacations.
My son love his father, because of that I don`t want to bring him in Canada and not allow to leave.

My question:

If I decide to follow my ex rules- Land with my son, then I stay in Canada and he leaves to our home country and visit Canada for the summer- 3 months. Can he loose his PR?

 

[scylla]

Yes - your son could lose PR. To keep PR he must live in Canada for 2 out of every 5 years just like everyone else.

 

[vania]

Thank you

He is 14 years old. If he visit Canada every year for 3 months, he will have 1 year for 4 years. Then he will turn 18 years and come to live in Canada without permission of his father . Is it would be OK?

 

[Leon]

Thank you

He is 14 years old. If he visit Canada every year for 3 months, he will have 1 year for 4 years. Then he will turn 18 years and come to live in Canada without permission of his father . Is it would be OK?

If he stays 3 months a year for 4 years and then comes back for a one full year, he will have the 2 in 5 years and will meet the residency obligation.

If he were to lose his PR because he doesn't meet the residency requirements, you can sponsor him again as long as he hasn't turned 19 yet.

If he hasn't lost his PR yet but doesn't meet the residency obligation it's a bit shaky because he might get caught at the age of almost 19, lose his PR and you would not have time to sponsor him before his 19th birthday.

It is however possible for PR children who have been kept outside Canada by their parents to appeal for their PR and usually they are successful.

 

[vania]

Thank you Leon

Now everything is clear.

Just 1 more question. Per CIC site to be eligible for Citizenship
You must have resided in Canada for at least three years (1,095 days) in the past four years before you apply. This does not apply to children under 18.
I know that the rules soon will change, but in that scenario can I apply for citizenship for both of us, if I am eligible?

 

[screech339]

Leon,

I would like a clarification regarding children under 18 in qualification for Canadian Citizenship.

Does the children exemption to the residency qualification only applies to PR children who have Canadian parents? It doesn't seem to make sense that PR children can apply for citizenship as soon as they land when neither of the parent is Canadian. Am I correct to assume that the children under 18 exemption only applies to those with one Canadian parent. For example Canadian by descent parent who have children born abroad and cannot get Canadian citizenship. Only children who are sponsored for PR by Canadian parent/s gets this exemption to the 3/4 year rule.

Screech339

 

[Leon]

Thank you Leon

Now everything is clear.

Just 1 more question. Per CIC site to be eligible for Citizenship
You must have resided in Canada for at least three years (1,095 days) in the past four years before you apply. This does not apply to children under 18.
I know that the rules soon will change, but in that scenario can I apply for citizenship for both of us, if I am eligible?

If you become eligible for citizenship before his 18th birthday, you can apply for both of you. He would have to be living in Canada when you apply. If he loses his PR during the processing of the citizenship application, he would not get citizenship because he is no longer PR.

 

[Leon]

Does the children exemption to the residency qualification only applies to PR children who have Canadian parents? It doesn't seem to make sense that PR children can apply for citizenship as soon as they land when neither of the parent is Canadian. Am I correct to assume that the children under 18 exemption only applies to those with one Canadian parent. For example Canadian by descent parent who have children born abroad and cannot get Canadian citizenship. Only children who are sponsored for PR by Canadian parent/s gets this exemption to the 3/4 year rule.

All PR children are exempt from the residency requirements for citizenship. Minor children can however not apply for citizenship on their own. They must be applied for by a parent who is either already a citizen or is applying for citizenship himself. Therefore, PR children who are landing can not get citizenship right away unless one parent is a citizen and applies for them. PR children with PR parents will have to wait until one of their parents qualifies to apply and applies for them too.

 

[vania]

Thank you very much.

 

[screech339]

All PR children are exempt from the residency requirements for citizenship. Minor children can however not apply for citizenship on their own. They must be applied for by a parent who is either already a citizen or is applying for citizenship himself. Therefore, PR children who are landing can not get citizenship right away unless one parent is a citizen and applies for them. PR children with PR parents will have to wait until one of their parents qualifies to apply and applies for them too.

That makes more sense. By stating that PR children cannot apply for citizenship until at least one of the parents applies for it at same time or one of the parents is Canadian is a clear and fair rule.

Thanks for the clarification. Much appreciated.

Screech339