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18 year old son - can he stay in canada on his own?

nadinet23

Newbie
Oct 14, 2012
2
0
I got my PR a couple of years ago, however returned to the UK after a couple of weeks and have never lived in Canada.

My son is looking at canadian universities and if he get's accepted, then we will be going out there next summer.

If I were to only stay out there a year or two and then return to the UK, would he be able to stay on to complete his degree as a PR? (obviously I realize he could as an international student but the fees would be horrendous!)
 

Leon

VIP Member
Jun 13, 2008
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nadinet23 said:
I got my PR a couple of years ago, however returned to the UK after a couple of weeks and have never lived in Canada.

My son is looking at canadian universities and if he get's accepted, then we will be going out there next summer.

If I were to only stay out there a year or two and then return to the UK, would he be able to stay on to complete his degree as a PR? (obviously I realize he could as an international student but the fees would be horrendous!)
When did you land exactly and did your son get PR too at that time?
There are 4 possible scenarios depending on how long you were gone and if your son also has PR.

1a) You have been outside Canada for less than 3 years and your son also has PR:
This means you both still meet the residency requirements. You can go to Canada with him or he by himself if he is 18 and he can study all he wants. You will eventually lose your PR status if you do not stay at least 730 days in your first 5 years as a PR but he will keep his.

1b) You have been outside Canada for less than 3 years but your son does not have PR:
If your son was either included on your PR application as not accompanying or he actually got his PR visa and did not land, then you can sponsor him. In order to do that, you would have to go to Canada, with or without him, apply to sponsor him and stay in Canada until he gets his PR. Through the UK, it is relatively fast. He should have his PR in 6-8 months if you are lucky. Then he can stay and study all he wants and not pay international student fees and you can go back to the UK if you want.

2a) You and your son both had PR and you have both been outside Canada for more than 3 years since you landed:
This means you can not meet the residency obligation any more for your first 5 years as a PR. However, your son (and you) will most likely be able to enter Canada unnoticed anyway. Your PR is still not gone because immigration hasn't noticed yet so you can stay in Canada if you want and your son can study. He would have to stay for 2 years without leaving, then his PR is in good standing again and he can apply to renew his PR card.

2b) You have been outside Canada for more than 3 years and your son does not have PR:
This means you can not sponsor your son for PR because you do not meet the residency requirements yourself. Your son would have to apply for a study permit if he wants to go and study in Canada.
 

nadinet23

Newbie
Oct 14, 2012
2
0
Thank you very much for that comprehensive reply!

We would be going over before the 3 years were up and as he was a dependent on my original application, I would imagine he would have his own PR card, I'm a little hazy on the detail as although we landed, the PR cards never got to us and so we would have to reapply for these.

Based on the four options, it looks then like the first one would be the one we fall under which is good news.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
In that case, that is both PR, both meet the residency requirements, if you are visa exempt to Canada, you go and show your landing documents to immigration. Tell them that you know you have been away for a long time but you still haven't been gone for 3 years so you can still meet the residency obligations if you stay.

If you are not visa exempt, you will need a travel document, apply at the Canadian embassy where you live. Do it a couple of months before you want to go because they take a while to process.

Once you are in Canada, you can apply for your PR cards, see here: http://www.cic.gc.ca/english/information/applications/prcard.asp

They are currently taking around 3 months to process.