Do Canadian Children count towards obligation

[Sengdroma]

Hi I know that a Canadian spouse counts towards PR obligations if you are outside Canada for an extended period but do Canadian children?

long story short: we got PR, we had kids we were happy. My dad got cancer and my mum emotionally black mailed us to come back.

They are very old now and we wish to go back to NS when they pass.

The children have already stated they wish to study in Canada and live there forever. They could potentially sponsor us in in the distant future!

I read that time abroad with a Canadian spouse means you still meet your obligations as they are classed as “Canada”. However cannot find any info on whether Canadian children count as “Canada”.

I emailed Immigration and got a standard e mail back saying they are not allowed to give advice.

Should we renounce our PR and when the children are older apply again? The eldest child is 12. We met the original requirement of obligation but returned to the UK in 2011 and cards expired in 2013.

Of course there is the chance we may not get PR again as we are now in our mid 40s so are dropping age points.

 

[dpenabill]

Hi I know that a Canadian spouse counts towards PR obligations if you are outside Canada for an extended period but do Canadian children?

long story short: we got PR, we had kids we were happy. My dad got cancer and my mum emotionally black mailed us to come back.

They are very old now and we wish to go back to NS when they pass.

The children have already stated they wish to study in Canada and live there forever. They could potentially sponsor us in in the distant future!

I read that time abroad with a Canadian spouse means you still meet your obligations as they are classed as “Canada”. However cannot find any info on whether Canadian children count as “Canada”.

I emailed Immigration and got a standard e mail back saying they are not allowed to give advice.

Should we renounce our PR and when the children are older apply again? The eldest child is 12. We met the original requirement of obligation but returned to the UK in 2011 and cards expired in 2013.

Of course there is the chance we may not get PR again as we are now in our mid 40s so are dropping age points.

I assume that by "Canadian" you mean Canadian citizen . . . note that in Canadian law PRs are also "Canadians."

In certain circumstances a Canadian PR accompanying a Canadian citizen spouse abroad will be given credit toward the PR Residency Obligation for the time they are abroad together. In practice this mostly means time the PR is living together with the citizen-spouse abroad. That said, the rule is that the PR gets credit for time the PR is "ACCOMPANYING" the citizen-spouse, and there are circumstances in which just living together might not entitle the PR to the credit (if the circumstances show that it was the citizen, not the PR, who was "accompanying" the other).

Similarly, children who are PRs accompanying a Canadian citizen parent abroad can be entitled to credit toward meeting their PR Residency Obligation for that time. This does not work the other way. There is no credit for a Canadian PR accompanying a Canadian citizen child abroad. Which makes sense, since children ordinarily are accompanying a parent, NOT the other way around.

It is also my understanding that the credit toward the Residency Obligation which a PR-child might be given for time abroad accompanying a Canadian-citizen-parent is also ONLY available to a dependant child.

This is primarily based on Section 28(2) IRPA; see https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-7.html#h-274598 which employs the term "accompanying," which in turn has been the subject of several IAD and a few Federal Court decisions.

 

[Sengdroma]

Yes the children are citizens. Ok so it may be best for us to renounce PR and later reapply. Thank you.