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PR Residency Obligations for Former Minor under Investor Class?

mediajunkie

Star Member
Sep 2, 2009
162
13
I asked a question for on my sister's behalf a few weeks ago and Leon gave some very useful input. However that post seems to have been deleted, but anyways here's my situation again since I doubt Leon would remember much.

My Dad applied as an Investor around 2002 listing my mother, brother and sister as dependents. I was too old and had already graduated from college to be considered as a dependent so I had to apply under FSW by myself instead (irrelevant to the point, but just thought I'd share).

My sister, then 22, was in college in 2002. The family got approved in 2004 and landed in early 2005. My sister was still in college in the US when they landed (6-year architecture program) and hence still considered a dependent. Later that year she got a job at an architecture firm in New York and has been living there ever since. She recently got laid off and even though she is still looking for a job in NYC, she and my parents are wondering about her PR status. Her PR card expires in 2010 and she has not even completed 1 year of residency.

She told me that on 2 separate occasions when she was visiting my parents, she asked the immigration officers at the airport told her that since she came in as a dependent on someone on an investment visa, she gets to keep her PR for life as long as the principle applicant (my dad) has legal status in Canada since she was first granted PR status under his application. On both those occasions, she entered Canada from the States, they would bring her into a room for an interview to inquire about her PR status and on both those occasions they told her that same thing. Based on those two experiences, she has thought that her PR status was safe.

I am a bit more skeptical about the knowledge of immigration checkpoints officers because I don't think they know much more other than how to stamp passports.

When I asked my initial question, Leon said that she could try to enter Canada and if she was not stopped at the border she could come in and stay for 2 years without renewing her PR card and at the end of 2 years get a renewal. Although from the looks of it she might just get stopped again if she tries to enter.

Anyway if Leon or anyone else could confirm or refute what the customs checkpoint officers have told her, that would be great. Or if there is some law or loophole that is similar to what I have just described so that I can look more into it. It would really get my mom off my back too because she has been calling me at 3am in the morning every day all worried about my sister's status.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi

mediajunkie said:
I asked a question for on my sister's behalf a few weeks ago and Leon gave some very useful input. However that post seems to have been deleted, but anyways here's my situation again since I doubt Leon would remember much.

My Dad applied as an Investor around 2002 listing my mother, brother and sister as dependents. I was too old and had already graduated from college to be considered as a dependent so I had to apply under FSW by myself instead (irrelevant to the point, but just thought I'd share).

My sister, then 22, was in college in 2002. The family got approved in 2004 and landed in early 2005. My sister was still in college in the US when they landed (6-year architecture program) and hence still considered a dependent. Later that year she got a job at an architecture firm in New York and has been living there ever since. She recently got laid off and even though she is still looking for a job in NYC, she and my parents are wondering about her PR status. Her PR card expires in 2010 and she has not even completed 1 year of residency.

She told me that on 2 separate occasions when she was visiting my parents, she asked the immigration officers at the airport told her that since she came in as a dependent on someone on an investment visa, she gets to keep her PR for life as long as the principle applicant (my dad) has legal status in Canada since she was first granted PR status under his application. On both those occasions, she entered Canada from the States, they would bring her into a room for an interview to inquire about her PR status and on both those occasions they told her that same thing. Based on those two experiences, she has thought that her PR status was safe.

I am a bit more skeptical about the knowledge of immigration checkpoints officers because I don't think they know much more other than how to stamp passports.

When I asked my initial question, Leon said that she could try to enter Canada and if she was not stopped at the border she could come in and stay for 2 years without renewing her PR card and at the end of 2 years get a renewal. Although from the looks of it she might just get stopped again if she tries to enter.

Anyway if Leon or anyone else could confirm or refute what the customs checkpoint officers have told her, that would be great. Or if there is some law or loophole that is similar to what I have just described so that I can look more into it. It would really get my mom off my back too because she has been calling me at 3am in the morning every day all worried about my sister's status.
The IO at the POE is wrong. Your sister is no longer a dependent, and her PR status is gone. If she can get in without being detected, and is not reported for misrepresentation when she renews her PR card 2 years later. No other way.

PMM
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
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Your post was not deleted, it's at http://www.canadavisa.com/canada-immigration-discussion-board/did-not-complete-permanent-residency-requirements-t27935.0.html

If the IO's where she's been entering are under the impression that her PR is safe, she should enter there again and they will probably tell her that again. She knows better though and should stay in Canada for full 2 years without attempting to leave or renewing her PR card until she has her 2 years in Canada. Very important, do not try to renew PR card until 2 years in Canada have been completed.

I don't think there's any misrepresentation here as long as she doesn't lie about anything when she enters. Check out http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf and especially page 7 where it says:

Even if a person had resided away from Canada for many years, but returned to Canada and
resided there for a minimum of 730 days during the last five years, that person would comply with
the residency obligation and remain a permanent resident. An officer is not permitted to consider
just any five-year period in the applicant’s past, but must always assess the most recent five-year
period preceding the receipt of the application.