Canadian Daughter and Owning a House (mortgage) but not fulfilling PR time

[nidigon]

Good morning,

I arrived to Canada with my family (husband and 2 children) in June 2011 and lived there until December 2011, I returned to Canada in April 2013 and had a new baby in Canada, at the same time with our savings were able to got a mortgage in the same year. Unfortunatley my husband has not been able to find a nice job in Canada and we have been living of our savings (which have reduced substantially); now he has been offered with an expat opportunity in the United Kingdom for 3 years, which mean that we won't be fulfilling the time requisite for renewing our PR card.

By the fact of one of our children being a canadian citizen, would we be entitled to apply later again for another PR card?, does the fact of having a baby and a mortgage in Canada help us in our case or would be lose our possibility to come back to Canada?.

My husband believes that with the savings in this opportunity our finances will improve and we will be able to come back an live with less economical pressures, we like very much Canada, but unfortunately the job opportunities appeared in other countries.

Thanks very much for all the help an recommendations you can provide me.

Nidia

 

[zardoz]

Good morning,

I arrived to Canada with my family (husband and 2 children) in June 2011 and lived there until December 2011, I returned to Canada in April 2013 and had a new baby in Canada, at the same time with our savings were able to got a mortgage in the same year. Unfortunatley my husband has not been able to find a nice job in Canada and we have been living of our savings (which have reduced substantially); now he has been offered with an expat opportunity in the United Kingdom for 3 years, which mean that we won't be fulfilling the time requisite for renewing our PR card.

By the fact of one of our children being a canadian citizen, would we be entitled to apply later again for another PR card?, does the fact of having a baby and a mortgage in Canada help us in our case or would be lose our possibility to come back to Canada?.

My husband believes that with the savings in this opportunity our finances will improve and we will be able to come back an live with less economical pressures, we like very much Canada, but unfortunately the job opportunities appeared in other countries.

Thanks very much for all the help an recommendations you can provide me.

Nidia

Having a Canadian citizen child will not help if you lose your PR status.
You cannot apply for a new PR based solely on the child's citizenship.

 

[nidigon]

Dear Zardoz,
Could you please let me know on what grounds could I apply for a new PR if I lost my first PR card?.
Do you advise then to sell the house then as how could we enter again to dispose it?

Thanks for your help

 

[zardoz]

Dear Zardoz,
Could you please let me know on what grounds could I apply for a new PR if I lost my first PR card?.
Do you advise then to sell the house then as how could we enter again to dispose it?

Thanks for your help

You should worry about this only if/when you have your PR status officially revoked.
Just having an expired PR card is not the end of the world. It requires CIC to actually remove your PR. It doesn't just lapse.

 

[scylla]

Could you please let me know on what grounds could I apply for a new PR if I lost my first PR card?.

If you end up losing your PR status then you would have to apply for PR again from scratch through one of the programs below:

http://www.cic.gc.ca/english/immigrate/apply.asp

As Zardoz said, having a Canadian child and mortgage in Canada will not entitle you to keep your PR status or apply for PR again later. Your Canadian citizen child may be able to sponsor you for PR once she is an adult, has lived / worked in Canada for several years - and meets the low income cut off for sponsoring parents. However you are a good 20 years away from that being a possibility.

 

[Msafiri]

1. You don't get a pass on the Residence Obligation for having a Canadian born child else several hundred thousand PRs would be using this loophole!

2. If CIC/CBSA realize at some point in time you do not meet the Residence Obligation either by catching you say at re-entry into Canada or you bring it to their attention e.g. applying for a PR Card then they may report you which is the start of formal proceedings to revoke your PR.

3. If you are reported then seeking a better job is not a good enough reason - there are jobs in Canada even if these are not to your liking. If the jobs are not good enough then PR status is also not good enough as far as the courts are concerned.

4. If you do apply in future you need to meet the criteria at that time...its not going to get easier so check the CIC site and do a self test as to if you would qualify today. You must all pass medicals and security checks again (excluding your citizen child).

5. As long as you keep the property you will be deemed a resident for tax - you will need to file taxes and offset this with those paid in the UK to HMRC - there is a tax treaty between Canada and the UK but the tax years are different, the tax rates too as well as deductibles so get an accountant to deal with it.

6. Your spouse's posting may meet the criteria for working for a Canadian Business in which case the absences would be disregarded for PR purposes (can exclude them) but would count for citizenship purposes (can't include them).