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moonlightshadow

Star Member
Jun 14, 2024
83
12
Hi,
I am doing the application for child 8 year old under Minor 5(2) category. I am stuck with some doubts thus I thought it is probably better to initiate a dedicated thread.

At first, there is this question:

Has the minor been outside of Canada for a total of 730 days or more (2 years or more) in the past five (5) years or since becoming a permanent resident?

My first understanding was that this was meant as a period of relevance of past five year or PR date whichever is most recent. But after reading through other threads, especially this one after input from @dpenabill :
https://www.canadavisa.com/canada-i...board/threads/minor-application-query.698463/

Since my child stayed more than 730 days outside the 5 year eligibility period, but after becoming PR, I am going with what seems the safest interpretation, that is to chose Yes and fill in the chart of stays outside Canada.

1/ The corollary to this is, do I have to list only the trip that totalled 730 days or is this is meant as cumulative and I do have to list each and every stay outside Canada, once the Yes to this section is triggered?

2/ By doing so, that is, listing each and every stay outside Canada, I am not able to add some short stays when the return date occurs before the start of the 5 year eligibility period. Do I have to ignore these?
I am thinking to add a short clarification letter with a summary of all stays.

My concerns are:
- Out of some gut feeling, I do not want to make too beautiful/too perfect, I fear it would do more harm than good, I am saying this with no intent of misrepresentation of course.
- I feel I am overthinking this too, but in a way or another I need to populate the form and substantiate to myself any information I decide to discard, so I guess the questions are relevant...

What do you suggest as best path forward?
If I quote No, there is no issue
If I quote Yes, should I list the long trip that exceeded 730 day, or list each and everyone? if that is so, should I add the stays that cannot be populated in a separate complement letter.

Thanks so very much

Edit: Child got PR residency in 2018
 
Last edited:
What did you end up doing?
My child is in the same situation. Has been out of Canada for >2 years since getting PR but not been out of Canada >2 years in the past 5 years.
 
i think anyone applying for citizenship needs to meet both the condition.
What do you mean by meet both conditions? Minors don't have physical presence requirements.

We got PR in 2020 but didn't move to Canada until 2022, so were outside for more than 2 years but have not been outside Canada for more than 2 years in the past 5 years.

So, not sure whether to answer yes or no to the question because Answer to first part is No but yes to the second part.


Has the minor been outside of Canada for a total of 730 days or more (2 years or more) in the past five (5) years or since becoming a permanent resident?
 
https://www.canada.ca/en/immigratio...p/adult-minor/who.html#requirements-minor-5_1

Requirements for Minor 5(1)​


The minor must have been physically in Canada for at least 1,095 days (3 years) during their 5-year eligibility period. The eligibility period

  • is 5 years before the parent or guardian signs the application
    • Minors between 14 and 17 years old must also sign the application.
  • must include at least 730 days that the minor spent as a permanent resident
In the calculation, the minor may be able to include some of the time spent in these situations:
 
We are doing the Minor 5(2) application which doesn't have residency requirements.

https://www.canada.ca/en/immigratio...-citizenship/adult-minor/who/minor-types.html


Irrespective of this, the child has been in Canada >3 years in the past 5 years.

The only issue is answering the question:

Has the minor been outside of Canada for a total of 730 days or more (2 years or more) in the past five (5) years or since becoming a permanent resident?

In our situation, Answer to first part is No but yes to the second part.