PR obligations & renewal

[ric63]

Hi ,
I did my medicals a couple of weeks ago and I think I will get my PR soon. My understanding is that once I get my PR, I have to come over to Canada & stay for 730 days within a 5 year period.

I have 2 questions:-
1) due to the uncertain economic conditions in CA, I might not get a job within a reasonable time & I might have to go to my home country. If I do not fulfill the 730 day stay obligation. Can I lose my PR? If yes, then, can I reapply for PR later? Will be a brand new PR application starting from scratch which can take 3-4 years to process?

2) I have a 16 year old son. Can he come to CA & join the school system & stay full time in CA while I leave CA to go to my home country in case I don't find a job within a reasonable time?

Pls advise. Thks.

 

[Leon]

1. If you don't fulfill the 730 days obligation, you can lose your PR. Whenever you enter Canada, the border guards may look at if you are still able to meet your 730 day requirement in your first 5 years as a PR. They may request you to prove that you can meet the residency requirements. After you have been PR for 5 years, you will have to renew your PR card. At that point, you will have to list all your absences from Canada. If you don't meet the requirements at that point, they will not renew your PR card. If you do get your PR card renewed, you still have to meet the residency requirements of always having 730 days in the previous 5 years. If you lose your PR and re-apply later, your application will go by the new rules, you need to see if you still qualify but it should be faster. Might take a year.

2. Did you apply for your son as well? Is he a PR? If he is a PR, he can go to school in Canada, otherwise you need to sponsor him for PR. As a minor, he can not stay in Canada by himself. You need to find him a guardian. Your son also has to meet the residency requirements to keep his PR.

 

[ric63]

Hi Leon,
thks for your quick reply. Regarding my son, although I am the main applicant for PR, I have included him + my wife + 2 daughters in the PR application process. We have close relatives in CA who are CA citizens. In brief, my son has 2 aunts + cousins over 21 yrs old. Would these qualify as guardians? If yes, what is the procedure for the aunt to become a guardian.

Thks.

 

[Leon]

Here: http://www.cic.gc.ca/english/pdf/pub/custodian-parent.pdf is a form to appoint a custodian for a minor child. Basically this is for a non PR child and I found it in the study permit section but it should work for you. It's basically because without you there, if there is any problem or emergency, somebody needs to be responsible for your son. The aunts will do fine, according to the form, the custodian only needs to be 19 or older. After you get it signed, you also need it notarized.