US citizen child to move with Parents with canada PR

[akulanaveen]

Hi Mr. David Cohen,

I got the canadian immigration from your firm 3 years back from US. We (Me, My wife and US citizen son, who also got PR with us) have landed in Canada in Dec 04 and got the PR card, SIN and Health cards. We were there for one month till Jan end and went to India from canada and came back to USA directly. Meanwhile, last year we had Twin daughters who are us citizens and one year old. Now, we want to move to Canada by this year december. My question is:
1. Is there any problem if my twin daughters travel along with us to Canada? I want to sponsor them after we move to Canada.
2. Since it will be almost 3 years by next Jan, I have to live continuously for 2 years in Canada from Jan onwards. Just in case if I have any emergency situation where I have to travel out of Canada for few days, will I get extension after my five years period?

Please respond as I am in lot of tension.

Thanks
naveen

[Libra]

Hi Mr. David Cohen,

I got the canadian immigration from your firm 3 years back from US. We (Me, My wife and US citizen son, who also got PR with us) have landed in Canada in Dec 04 and got the PR card, SIN and Health cards. We were there for one month till Jan end and went to India from canada and came back to USA directly. Meanwhile, last year we had Twin daughters who are us citizens and one year old. Now, we want to move to Canada by this year december. My question is:

1. Is there any problem if my twin daughters travel along with us to Canada? I want to sponsor them after we move to Canada.

No, there's no problem.  With the Twins' U.S. passports they can freely enter Canada without the need of a visa.  Of course, you can always sponsor your children from within Canada.  If you haven't done so already, please apply for the twins's passport immediately.

2. Since it will be almost 3 years by next Jan, I have to live continuously for 2 years in Canada from Jan onwards. Just in case if I have any emergency situation where I have to travel out of Canada for few days, will I get extension after my five years period?

Yes of course, in order to fulfill the residency requirement of 730 days /2 years out of a 5 year period from when you first landed.  Well, after your five year period, you should wait until CIC renews your PR card.  However, if such an "emergency" situation arises close to the expiration date on your card, you can always require urgent processing of the renewal of your PR card : http://www.cic.gc.ca/english/information/pr-card/apply-how.asp#urgent

Please respond as I am in lot of tension.

However, the above responses are not from Attorney Cohen, as you posted your concerns in the Canadavisa.com Forum, which is sponsored by Lawyer David Cohen for the benefit of immigrants to Canada to exchange ideas and experiences.

If you still wish to have Lawyer David Cohen respond to your enquiries seeing that you retained him in the past, then you can repost your message addressed to him from this link: http://www.canadavisa.com/ask-immigration-question.html

Thanks
naveen

[akulanaveen]

Thank you so much for your answer. I have one more question regarding this:

Is it possible for me to work in Detroit, USA as I still have H1 Visa and live in Canada across the border and comute daily. Will it be calculated with in the two years period left for me? or do I have to live in Canada and not cross the border even for half day (coming in morning and going back to canada in the evening)?

[Libra]

Thank you so much for your answer. I have one more question regarding this:

Is it possible for me to work in Detroit, USA as I still have H1 Visa and live in Canada across the border and comute daily. Will it be calculated with in the two years period left for me? or do I have to live in Canada and not cross the border even for half day (coming in morning and going back to canada in the evening)?

Yes, it is possible to live in Windsor and commute daily to Detroit, and it will be counted towards the 2 years that you already have left.

The residency obligation for the renewal of your PR card is 2 years or 730 days out of a period of five years from the date you landed. 

Right now, as it is, if you have continuously lived in Canada for 2 years or more straight, without having left Canada, then you have already satisfied the residency obligation for the renewal of your PR because you would have lived in Canada for about 971 days.  And so, right now, you should be at ease that your PR would be renewed within 2 years time.

And, If that is the case, do you know that you are only about 124 days away from the residency requirement for citizenship?  In order to apply for citizenship, you should have lived in Canada for at least 1,095 days or 3 years out of a 4-year period.  If you've been in Canada all along, you should be hitting the 1,095-day mark on December 4 – just 5 months away!

*** If I were you, I would wait until that time – in December when you hit the 1,095-day mark  – and then start the daily commute from Windsor to Detroit.***  That way, you know that you are guaranteed either of the 2 options:

(1) Apply for Canadian citizenship towards the end of 2008, or (2) be able to renew the PR card at the end of 2009. 

As a Canadian, you can still work in the U.S. with your H-1 visa.

But by all means, you can start doing the work commute to Detroit at anytime now.

[PMM]

Hi

Thank you so much for your answer. I have one more question regarding this:

Is it possible for me to work in Detroit, USA as I still have H1 Visa and live in Canada across the border and comute daily. Will it be calculated with in the two years period left for me? or do I have to live in Canada and not cross the border even for half day (coming in morning and going back to canada in the evening)?

Yes, it is possible to live in Windsor and commute daily to Detroit, and it will be counted towards the 2 years that you already have left.

The residency obligation for the renewal of your PR card is 2 years or 730 days out of a period of five years from the date you landed. 

Right now, as it is, if you have continuously lived in Canada for 2 years or more straight, without having left Canada, then you have already satisfied the residency obligation for the renewal of your PR because you would have lived in Canada for about 971 days.  And so, right now, you should be at ease that your PR would be renewed within 2 years time.

And, If that is the case, do you know that you are only about 124 days away from the residency requirement for citizenship?  In order to apply for citizenship, you should have lived in Canada for at least 1,095 days or 3 years out of a 4-year period.  If you've been in Canada all along, you should be hitting the 1,095-day mark on December 4 – just 5 months away!

*** If I were you, I would wait until that time – in December when you hit the 1,095-day mark  – and then start the daily commute from Windsor to Detroit.***  That way, you know that you are guaranteed either of the 2 options:

(1) Apply for Canadian citizenship towards the end of 2008, or (2) be able to renew the PR card at the end of 2009. 

As a Canadian, you can still work in the U.S. with your H-1 visa.

But by all means, you can start doing the work commute to Detroit at anytime now.

Read the OP original post, he and family left Canada in January/05 after living in Canada for a month, went to India and then to the US.  So they have been outside Canada for 2.5 years. 

PMM