how to retain PR status

[soumya choudary]

Hi Leon and others,

My son is a Minor Canadian citizen and he wants to visit Canada in vacations this year, who has born out of Canada eight years ago.
He got his citizenship through his father,who is not living with us now. I would like to find out the details what all the documents should he carry to go to canada for the vecations and is it possible for us to stay in canada in future.I had PR status till 2009 only and i dint get a chance to go back and stay in canada to reach the residency obligations.
I will be great full to you if you could give us some information about citizenship obligations if any,Can my son go to Canada when he is major..is there any probability of canceling his citizenship if he don't get a chance to visit Canada before becoming major.
In the best of my sons interest i want to bring him up in Canada if possible,I will appreciate your help if you could guide me

Thanks in advance

 

[parker24]

Hi Leon and others,

My son is a Minor Canadian citizen and he wants to visit Canada in vacations this year, who has born out of Canada eight years ago.
He got his citizenship through his father,who is not living with us now. I would like to find out the details what all the documents should he carry to go to canada for the vecations and is it possible for us to stay in canada in future.I had PR status till 2009 only and i dint get a chance to go back and stay in canada to reach the residency obligations.
I will be great full to you if you could give us some information about citizenship obligations if any,Can my son go to Canada when he is major..is there any probability of canceling his citizenship if he don't get a chance to visit Canada before becoming major.
In the best of my sons interest i want to bring him up in Canada if possible,I will appreciate your help if you could guide me

Thanks in advance

Your son will need proof that he's a citizen, so a certificate (birth if he was born in Canada) or a citizenship certificate is needed. He can easily go. You on the other hand, are no longer a PR of Canada.

 

[soumya choudary]

Hello Parker,

Thanks for your reply, but i would like to know more about by PR status also.As i was accompanying my husband till last year is there any chance of retaining my PR status. If so what will be the procedure and i am strongly willing to move to canda with my son for the best of my childs future.

Thanks in advance

 

[truesmile]

As long as your husband is/was a Canadian Citizen (assuming so by your post), and as long as you were "with" him while out of Canada, that time counts towards meeting 'residency' obligations.

 

[BCgirl2012]

Hello Parker,

Thanks for your reply, but i would like to know more about by PR status also.As i was accompanying my husband till last year is there any chance of retaining my PR status. If so what will be the procedure and i am strongly willing to move to canda with my son for the best of my childs future.

Thanks in advance

A PR must reside in Canada for 2 years out of 5 to retain his/her PR. The only exception is when a PR is outside of Canada, living with their Canadian citizen spouse/partner. In that case, time abroad will count towards residency obligations if till they are a couple. So it all depends on when you stopped living together with your spouse.

As for your son, he is a Canadian citizen, and he doesn't have residency obligations to fulfil and he can return to Canada at anytime.

 

[soumya choudary]

we were together for last 9 years and i was accompanying him till last year and my son has canadian passport valied till next year. i will appreciate your help if you guide me further to go and settle down in canada with my son.

 

[soumya choudary]

till date we dint apply for any divorce also but we are not staying together for some reason and what if we go for divorce.My question is will i be eligible to apply for my PR renewal?
After getting my PR i was in Canada for 1 year then he got a job abroad so i was accompanying him with my son till last year.will be a great help if any one could help us out.

Thank you

 

[canadianwoman]

The time you spent with your husband abroad counts as part of the time needed to keep your PR. You will need to prove you two were together. Now that you have separated, get this proof as quickly as you can, get your PR card renewed, and come back to Canada. Once you separated, the time no longer counts. But you only need 2 years out of 5, so you have enough right now.

 

[soumya choudary]

Hi All,

Thanks for giving valuable and use full information, How can i prove that we are separated as we din't file for divorce yet,is staying apart will also be considers as separated and can any one tell what type of proof will be considered as we were together for last 9 years.

I have rental and school fee receipts which my husband has paid from his account and i can take in written from our neighbors that we were staying together till last year is enough? or should i collect more?

Is there any website with solutions to check with similar situation's and from where do i get exact and accurate information or any concerned person to mail.Your help is really appreciated as i am in need of some ones help to proceed further.

Thanks in advance

 

[canadianwoman]

How can i prove that we are separated as we din't file for divorce yet,is staying apart will also be considers as separated and can any one tell what type of proof will be considered as we were together for last 9 years.

Staying apart counts as separated if the couple believes they are separated - if they believe the relationship is over. If a couple is separated just because one had to go to another country for business, or because one is waiting for a visa, but they intend to start living together again as soon as possible, then this is not the kind of separation that means the relationship is over.

I have rental and school fee receipts which my husband has paid from his account and i can take in written from our neighbors that we were staying together till last year is enough? or should i collect more?

This is good proof. An affidavit from you or from your husband stating when you separated will help. Getting proof you now have different addresses will help as well. You should see a lawyer about custody of the child, support arrangements, and getting a separation agreement in any case.

 

[soumya choudary]

Thanks to all the members who ever helped me to resolve my problem,

I have one more question, will he be liable to pay for childs support in case if my husband is not doing any job or business.And will i get a question if they renew my PR status...How do i take care of my child in Canada,will they consider my job experience in my home country?

 

[canadianwoman]

If your husband has no income, don't expect any child support. Now in Canada an ex-spouse is not really supposed to quit his or her job in order to not pay child support, but the fact is, without an income he won't be able to, and if he is not in Canada the Canadian authorities won't be able to enforce it anyway.
You would then have to provide the income necessary for your child's support. But you won't have to pay your husband anything, since you are the one with custody of the child.

If you are a PR, and just need to renew your card, the government can't refuse to give it to you because you don't have enough money to support your child. You can go on welfare if that is the case, once you are back in Canada.

I am not quite clear on the details of your situation. I think you should talk to an immigration lawyer (preferably a Canadian one) about your PR status, and a divorce lawyer about support for your child and a separation agreement.

 

[soumya choudary]

Thank you all for your valuable advice,

Where can i find a Canadian lawyer and how do i know that they are genuine and authorized to deal my case,any idea about how many dollers will they caharge approximately.

Does my husband has any right to stop us going back to Canada.I am not expecting any child support in fact.

Considering my child's education and for the best of his future i am willing to settle down in Canada and i don't have any plans to go for welfare also.

Thank you

 

[canadianwoman]

As far as I can tell from what you have told us, you can go back to Canada as a PR and your husband won't be able to stop you. You will need proof you were living with him abroad though, to prove you did get a sufficient number of days in to keep your PR status.

 

[goodman36]

Thank you all for your valuable advice,

Where can i find a Canadian lawyer and how do i know that they are genuine and authorized to deal my case,any idea about how many dollers will they caharge approximately.

Does my husband has any right to stop us going back to Canada.I am not expecting any child support in fact.

Considering my child's education and for the best of his future i am willing to settle down in Canada and i don't have any plans to go for welfare also.

Thank you

If your PR card has not expired, then you can come back to Canada. If you get the affidavit from your husband and your neighbors that you had lived with him while he was abroad then you can use that as proof to fulfill the 2 years residency requirements. If the immigration officer asks you any question, just tell him/her that you intend to renew your PR card and settle down in Canada.

If your son has a Canadian Passport then he should be able to travel. (Just keep his Birth certificate handy so that it can be shown that he is traveling with his mother).

Good Luck