To Leon Question Regarding PR renewal hope to get your reply soon
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Re: To Leon Question regarding getting the travel document of child-urgent help
Dear Leon,
I had been following you since last year and got very helpful information. Me ,my wife and my child migrated on permanent PR in 2007 and had to return India after 45 days due to family issues in india.
Me and my wife got the PR card however my child got a notification for collection of PR card in person due to unclear picture /photo graph issues received after we came back India .Now we have booked the tickets with PR cards to expire in another 7 months and applied for travel document for my child.
Initially they asked for the passport of child which we sent and now they have sent letter asking for the passports of both of us.
i have truthfully filled the travel document with H&C grounds that child travelled with parents since minor and also calculated all these days of his stay in india as stayed with PR mother in India (without any Canadian employer job in India)
Now they are asking for the passport of both of us for assessing the case (Pls note we plan to settle permanently this time with no come for another 3 years as suggested by you in many forums)
My questions are :
1) How should we proceed so that there is no confusion and success chances are maximum for TC and at canada border?
2) in case they call us for personal meeting or ask to explain the reason for absence and ask how we shall meet our residency obligation with only 7 months in hand?
3) What are chance that child TC shall be issues without further questioning?
your urgent help required please
Dear Leon,
I had been following you since last year and got very helpful information. Me ,my wife and my child migrated on permanent PR in 2007 and had to return India after 45 days due to family issues in india.
Me and my wife got the PR card however my child got a notification for collection of PR card in person due to unclear picture /photo graph issues received after we came back India .Now we have booked the tickets with PR cards to expire in another 7 months and applied for travel document for my child.
Initially they asked for the passport of child which we sent and now they have sent letter asking for the passports of both of us.
i have truthfully filled the travel document with H&C grounds that child travelled with parents since minor and also calculated all these days of his stay in india as stayed with PR mother in India (without any Canadian employer job in India)
Now they are asking for the passport of both of us for assessing the case (Pls note we plan to settle permanently this time with no come for another 3 years as suggested by you in many forums)
My questions are :
1) How should we proceed so that there is no confusion and success chances are maximum for TC and at canada border?
2) in case they call us for personal meeting or ask to explain the reason for absence and ask how we shall meet our residency obligation with only 7 months in hand?
3) What are chance that child TC shall be issues without further questioning?
your urgent help required please
Re: To Leon Question regarding getting the travel document of child-urgent help
If you all had PR cards, it would be easy to try your luck at the border and if you get in, stay for 2 years until you meet the residency requirements again but by applying for a travel document for the child, you have opened up an investigation on if your child meets the residency requirements.
They may take the opportunity to investigate if you meet the residency requirements at the same time. If your child were 18-20 years old today, applying for a travel document stating that they never wanted to leave Canada and that they were removed by a parent and want to return now, they would have a pretty good chance of getting it. However, as this is not the case, I do not know what will happen. If they investigate your and your wife at the same time because you applied for a TD for your child, you could lose your PR unless you can prove some humane & compassionate reasons for why you could not meet the requirements.
You and your child are unable to meet the residency requirements, no question about that but it is possible that you would be able to keep your PR if you have mitigating circumstances, for example taking care of a sick relative and being able to prove this.marry99 said:My questions are :
1) How should we proceed so that there is no confusion and success chances are maximum for TC and at canada border?
2) in case they call us for personal meeting or ask to explain the reason for absence and ask how we shall meet our residency obligation with only 7 months in hand?
3) What are chance that child TC shall be issues without further questioning?
If you all had PR cards, it would be easy to try your luck at the border and if you get in, stay for 2 years until you meet the residency requirements again but by applying for a travel document for the child, you have opened up an investigation on if your child meets the residency requirements.
They may take the opportunity to investigate if you meet the residency requirements at the same time. If your child were 18-20 years old today, applying for a travel document stating that they never wanted to leave Canada and that they were removed by a parent and want to return now, they would have a pretty good chance of getting it. However, as this is not the case, I do not know what will happen. If they investigate your and your wife at the same time because you applied for a TD for your child, you could lose your PR unless you can prove some humane & compassionate reasons for why you could not meet the requirements.
Residency obligation not met - PR Card Renewal for Minor
Dear Leon,
My husband, myself and my two minor sons travelled to Canada in Nov 2008. Our 5 year PR validity is expiring in Nov 2013. In Sep'2013 we all are travelling to canada.
1) My elder son , who is now 16+ years has taken admission in a school there. After one year he plans to take admission in the University. From your forum I understood that in the case of minor, before the PR card expiry, if he continues to stay in canada continuously for a duration of 730 days then we can apply for PR Card renewal at that time. Given this background, however, I want to know:
1.1) Can we apply for his PR card renewal upon entry in Sep 2013. (Because this will enable him to travel back to the country I live in at present during his vacation)
1.2) For the university admission, we need to have a PR proof. If we dont renew his PR in Spe 2013, then potentially, I'm afraid, he would have to pay international student fees...
2) For my younger son, who is a minor now, he wants to return at a later date to canada. But , by then, his PR would have lapsed. Then can he still appeal for his PR status when he enters canada in 2016 again (still as a minor) for taking admission in the school there?
3) As for ourselves, is there any way we could retain our PR status?
Thanks for your guidance.
Dear Leon,
My husband, myself and my two minor sons travelled to Canada in Nov 2008. Our 5 year PR validity is expiring in Nov 2013. In Sep'2013 we all are travelling to canada.
1) My elder son , who is now 16+ years has taken admission in a school there. After one year he plans to take admission in the University. From your forum I understood that in the case of minor, before the PR card expiry, if he continues to stay in canada continuously for a duration of 730 days then we can apply for PR Card renewal at that time. Given this background, however, I want to know:
1.1) Can we apply for his PR card renewal upon entry in Sep 2013. (Because this will enable him to travel back to the country I live in at present during his vacation)
1.2) For the university admission, we need to have a PR proof. If we dont renew his PR in Spe 2013, then potentially, I'm afraid, he would have to pay international student fees...
2) For my younger son, who is a minor now, he wants to return at a later date to canada. But , by then, his PR would have lapsed. Then can he still appeal for his PR status when he enters canada in 2016 again (still as a minor) for taking admission in the school there?
3) As for ourselves, is there any way we could retain our PR status?
Thanks for your guidance.
Re: Residency obligation not met - PR Card Renewal for Minor
vpaparna said:Dear Leon,
My husband, myself and my two minor sons travelled to Canada in Nov 2008. Our 5 year PR validity is expiring in Nov 2013. In Sep'2013 we all are travelling to canada.
1) My elder son , who is now 16+ years has taken admission in a school there. After one year he plans to take admission in the University. From your forum I understood that in the case of minor, before the PR card expiry, if he continues to stay in canada continuously for a duration of 730 days then we can apply for PR Card renewal at that time. Given this background, however, I want to know:
1.1) Can we apply for his PR card renewal upon entry in Sep 2013. (Because this will enable him to travel back to the country I live in at present during his vacation)
This is a bit complicated. If you are reported on entry for not meeting the residency requirements, you could all lose your PR. You would have to appeal. If you the adults had no mitigating circumstances for staying outside Canada, you will certainly lose your PR. The kids, maybe not. However, your kids are minors and immigration may also take into account that they are not old enough to stay in Canada alone and since they never lived in Canada, they have no ties to the country. If you are not reported on entry, you have the option of staying for a full 2 years and thereby reviving your PR status. Your son should not try to apply for his PR card right away because the regular method of PR renewal from inside Canada is not really set up for such cases and his application will take forever and in the end they may refuse it anyway because he did not have 730 days in the past 5 years. Only if he had won an appeal or successfully applied for a travel document and his reasons for staying outside Canada were accepted should he apply for a PR card right away.
1.2) For the university admission, we need to have a PR proof. If we dont renew his PR in Spe 2013, then potentially, I'm afraid, he would have to pay international student fees...
His landing documents are also PR proof and he can not be asked to pay international student fees if he is not on a student visa.
2) For my younger son, who is a minor now, he wants to return at a later date to canada. But , by then, his PR would have lapsed. Then can he still appeal for his PR status when he enters canada in 2016 again (still as a minor) for taking admission in the school there?
If he hadn't lost his PR yet for having been reported while arriving with you, he would have to apply for a PR travel document in order to return to Canada. He can claim having been removed from Canada as a minor by his parents. However, he will still be a minor when applying and they may take into account that he never actually lived in Canada and as such has no ties to the country. No guarantees.
3) As for ourselves, is there any way we could retain our PR status?
Yes, if you get in this time without being reported for not meeting the residency requirements, you could all stay together in Canada as a family without leaving for 2 years. This will put your PR status back in good standing and you could then apply to renew your PR cards. Keep in mind that you need to meet the residency requirements in any rolling 5 year period so having met them once does not secure your PR forever if you decide to leave Canada again for a long time.
hey there
i have a question
my brother lived here to get his pr card. after he got it, he left canada with his girlfriend so that she can finish her school in germany.
in the mean time they got married and got a son. will be there any problems to get all three over here? he got a Saskatchewan pr card.
what would be the best to do?
thank you very much
i have a question
my brother lived here to get his pr card. after he got it, he left canada with his girlfriend so that she can finish her school in germany.
in the mean time they got married and got a son. will be there any problems to get all three over here? he got a Saskatchewan pr card.
what would be the best to do?
thank you very much
The question is if he still meets the residency requirements. When did he get his PR and how long has he stayed in Canada since then? If he got his PR more than 5 years ago, he must have 730 days or more in Canada in the past 5 years. If he got his PR less than 5 years ago, he must already have or still be able to stay 730 days in Canada before his first 5 years are up.viktor911 said:hey there
i have a question
my brother lived here to get his pr card. after he got it, he left canada with his girlfriend so that she can finish her school in germany.
in the mean time they got married and got a son. will be there any problems to get all three over here? he got a Saskatchewan pr card.
what would be the best to do?
thank you very much
If he meets these requirements, he needs to return to Canada and sponsor his wife and child for PR. They can come with him as visitors if they want to.
If he doesn't meet the requirements, then his PR is on shaky ground. If he wants to keep it, he should return to Canada while his PR card is still valid and stay for 2 years straight to bring his PR status back into good standing. He can however not sponsor his wife and child until he meets the requirements again.
is there any insurance in that fam.sponsoring ? what is insured?true what are the other fam. members insured? are the other fam. members allowed to work in that fam. sponsoring? can he apply for that fam.sponsoring from Germany? does he had to stay 2 years before applying?
how is it about child support? can my perents sponsor my brothers other half? they are thinking to send a container with there staff will be there any problems?
thank you
how is it about child support? can my perents sponsor my brothers other half? they are thinking to send a container with there staff will be there any problems?
thank you
Insurance of what sort? You mean health care? If they come with him as visitors, they will not have health care in Canada. Neither will he if he was gone more than 6 months. Depending on the province, he may have to wait 3 months to get it. Depending on the province, they may be able to get health care as his dependents if he sponsors them or they might possibly not until they get the PR.viktor911 said:is there any insurance in that fam.sponsoring ? what is insured?true what are the other fam. members insured? are the other fam. members allowed to work in that fam. sponsoring? can he apply for that fam.sponsoring from Germany? does he had to stay 2 years before applying?
how is it about child support? can my perents sponsor my brothers other half? they are thinking to send a container with there staff will be there any problems?
thank you
A family member who comes as a visitor and is being sponsored can usually not work. The only exceptions being if he applied inland which means his wife needs to stay in Canada for the duration of the processing, she would qualify for a work permit after 6-8 months after she has gotten her first stage approval. The other way would be that she qualifies for a work permit based on her own merits.
Like I said in my first reply, he needs to return to Canada in order to sponsor them. If he meets the residency requirements, he can sponsor right away. Otherwise, he should wait for 2 years.
I am not sure what you mean by child support. Your brother is an adult, he will not receive child support from your parents. He does not have to pay child support for his child unless he divorces his wife.
Your parents can not sponsor his wife. He must sponsor his wife.
If he is planning to send his stuff via container, he should write up a goods to follow list of all his items. He should present it when he enters Canada in order to avoid having to pay duty on the items.
As a PR living in Canada with his child, he may be eligible for child tax benefit but I don't know if the visitor status of his baby and wife would affect anything. You can read about child tax benefit here: http://www.cra-arc.gc.ca/cctb/
The most important question is if he still meets the residency obligation.
1. When did he get his PR?
2. How many days has he spent in Canada since getting his PR?
3. Or if he is a PR for more than 5 years, how many days did he spend in Canada in the past 5 years?
The most important question is if he still meets the residency obligation.
1. When did he get his PR?
2. How many days has he spent in Canada since getting his PR?
3. Or if he is a PR for more than 5 years, how many days did he spend in Canada in the past 5 years?
Hello Leon,
I have a question regarding our PR card renewal. Our family (my wife, and two sons) were landed in August 2008. My first son stayed in Canada and started his PhD in 2008 and now he has completed and has applied for citizenship. Since my mother-in-law had Alzheimer and had permanent disability, my wife could not stay in Canada and she should take care of her mother. Therefore, we could not stay in Canada to meet the residency obligation. Therefore, my wife and I with my small son had to come back to our country and were travelling to Canada each summer for two months. During these travels, we bought a house and paid our mortgages regularly. However, as I mentioned we could not stay more than two months in each travel since my wife should take care of her mother. So, totally we have been in Canada 170 days during the past 5 years. My little son also started his undergarduate study in 2008 in our country and he could not also meet the residency obligations.
Our PR card will expire in September 2013 and we are going to apply for replacement. We are all currently in Canada and my little son has been admitted for MSc in a Canadian University and he can stay here. But, my wife and I should come back to take care of my mother-in-law.
My question is whether we can apply for a PR card replacement based on Humanitarian or Compassionate Grounds? We have all documents, doctor prescriptions and etc. related to my mother-in-law illness. If yes, how long it might take for the replacement?
Thanks a lot for your advice and help.
Kamran
I have a question regarding our PR card renewal. Our family (my wife, and two sons) were landed in August 2008. My first son stayed in Canada and started his PhD in 2008 and now he has completed and has applied for citizenship. Since my mother-in-law had Alzheimer and had permanent disability, my wife could not stay in Canada and she should take care of her mother. Therefore, we could not stay in Canada to meet the residency obligation. Therefore, my wife and I with my small son had to come back to our country and were travelling to Canada each summer for two months. During these travels, we bought a house and paid our mortgages regularly. However, as I mentioned we could not stay more than two months in each travel since my wife should take care of her mother. So, totally we have been in Canada 170 days during the past 5 years. My little son also started his undergarduate study in 2008 in our country and he could not also meet the residency obligations.
Our PR card will expire in September 2013 and we are going to apply for replacement. We are all currently in Canada and my little son has been admitted for MSc in a Canadian University and he can stay here. But, my wife and I should come back to take care of my mother-in-law.
My question is whether we can apply for a PR card replacement based on Humanitarian or Compassionate Grounds? We have all documents, doctor prescriptions and etc. related to my mother-in-law illness. If yes, how long it might take for the replacement?
Thanks a lot for your advice and help.
Kamran
For your younger son, it would probably be best to wait for 2 years until he meets the residency requirements again. Immigration is normally lenient on PR children who don't meet the residency requirements because they had to follow their parents but if you say he started his undergraduate studies in 2008, that means he was not a minor child when he followed you back to old country so his staying outside Canada and not meeting the residency requirements was completely by his choice. If he had wanted to stay in Canada alone or with his brother, he could have because he was old enough.
As for you, you can try applying to renew your PR cards based on H&C grounds but the application is likely to take a long time. Another option would be to leave Canada if you must and apply for a PR travel document at the embassy when you want to return and if you get it, apply for a PR card renewal based on that. Then the PR card renewal may be faster because the embassy would already have made the decision. If you would lose your PR, your older son could sponsor you again once the sponsorship for parents opens up again.
As for you, you can try applying to renew your PR cards based on H&C grounds but the application is likely to take a long time. Another option would be to leave Canada if you must and apply for a PR travel document at the embassy when you want to return and if you get it, apply for a PR card renewal based on that. Then the PR card renewal may be faster because the embassy would already have made the decision. If you would lose your PR, your older son could sponsor you again once the sponsorship for parents opens up again.