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Sep 13, 2014
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leon sir and others
I am very much impressed with your thorough knowledge on immigration matters. I have read a lot from you recently. Sir i am a bit confused with my situation, i got Canada p r in dec 2009 which is about to expire, i stayed there only for two months with my parents then we all came back home country and never went there again. Now, my questions are :

1. Should i go there(canada) right now when my PR is still valid or wait upto the age of 18 when i become adults i am 16.5 years old now ?

2. Will there be any problem for me entering Canada ?

3. Will i be able to get my Canada child tax benefit upto the age of 18 as my parents can manage a guardian for me in there absence ?

Thanks
eagerly waiting your quick response from all ???
 
Hello!

I think you won't be able to. First because you just lived 2 months as a pr and the minum requirenment is 2 or 3 years out of 5. Minimum residency obligations
You must meet the residency obligation to obtain a Permanent Resident Card.
If you have been a permanent resident for five (5) years or more
* you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
If you have been a permanent resident for less than five (5) years
* you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

Second. you wont be able to enter Canada without a guardian as in Canada you are still a minor even if you came with a guardian; living in Canada is very expensive and just guessing you will be able to recieved child benefits which I doubt you will recieved it as your parents haven't contribute to the system (tax) and you are not born Canadian. Considering you will recieve the child benefits that; won't be enough to cover all your expenses.

Maybe i am wrong but not sure. You can wait for another answer. But that is for my understanding.

Good luck!
 
1. If you enter Canada before your PR card expires, it is up to the immigration officer if they report you for not meeting the residency requirements or not. If they do, you would need to appeal based on having been removed from Canada as a minor by your parents and you have a good chance at winning your appeal. You should however stay in Canada for at least 2 years straight in order to meet the RO again.

If you decide to wait until you are 18, you would apply for a PR travel document in order to enter. You have a pretty good chance at getting it if you state that you were removed from Canada as a minor by your parents and now want to return. After arriving in Canada, you should stay for at least 2 years straight in order to meet the RO again.

2. You will be allowed to enter Canada but you may be reported.

3. I do not know if an appointed guardian can receive your child tax benefit. It is usually granted to a parent when the parent and child are both living in Canada.

3.
 
Basically you can come to Canada anytime, regardless of how old you become. All you have to say is you were removed from Canada against your will by your patents and this gives you complete immunity
 
newtone said:
Basically you can come to Canada anytime, regardless of how old you become. All you have to say is you were removed from Canada against your will by your patents and this gives you complete immunity

Nope- not true at all. This excuse works for a limited amount of time. The longer you wait after you turn 18 the less likely there's going to be a positive outcome. If you wait past your mid 20's - you can probably forget about it.
 
scylla said:
Nope- not true at all. This excuse works for a limited amount of time. The longer you wait after you turn 18 the less likely there's going to be a positive outcome. If you wait past your mid 20's - you can probably forget about it.

Can you please tell me where this is written
 
newtone said:
Can you please tell me where this is written

http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op10-eng.pdf on page 27 under factors to weigh and consider when a person is applying for a travel document on the basis of humanitarian grounds:

Circumstances beyond the person’s control:

 Are the circumstances that led to the person’s remaining outside of Canada compelling and
beyond their control?
 Was the person prevented from returning to Canada? Why? By whom or by what event?
 Are they now returning to Canada at the earliest possible opportunity?
 Did the person leave Canada as a child accompanying a parent?
 Are they now over 22 years of age and are returning at the earliest opportunity since
becoming 22 years of age?

 Is the person over 22 years of age dependent on the parent they are accompanying because
of a mental or physical disability?

The age there is still given as 22 which was until recently the maximum age of a dependent child. However, immigration has on August 1st change that to 19 so this manual may change as well in the future.