residency obligation for minor child?

[mukeshmech]

Hi,
My daughter stayed outside Canada for 3 years with grandparents. Now, she is Canada for 1 year and still needs one more year to renew her PR Card.
This month, I (her mother) have got my Canadian citizenship. I want to work in US and take my daughter also. But if i do this, my daughter's minimum residency will not be fulfilled in Canada. Can I move outside Canada with her? Will she fulfil her residency obligation being with me (now citizen mother) ? Is there any letter or permission required so that the child's PR renewal won't be a problem?

 

[armoured]

Now, she is Canada for 1 year and still needs one more year to renew her PR Card.
This month, I (her mother) have got my Canadian citizenship.

If your daughter is still a minor, and resident in Canada now, the minimum residency requirement does not apply as daughter of a citizen and she can apply for citizenship right away.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/citizenship-application-for-children.606330/

 

[mukeshmech]

@armoured,
Thanks for prompt reply. I still like to know can I take her (age 13 ) outside Canada with her PR ( she not applying citizenship soon)? Is there any letter or permission required so that the child's PR renewal won't be a problem?

 

[armoured]

@armoured,
Thanks for prompt reply. I still like to know can I take her (age 13 ) outside Canada with her PR ( she not applying citizenship soon)? Is there any letter or permission required so that the child's PR renewal won't be a problem?

PR renewal can and could be a problem. Since the solution is to obtain citizenship, ummm, do that.

 

[mukeshmech]

@armoured,
Thanks for prompt reply. I still like to know can I take her (age 13 ) outside Canada with her PR ( she not applying citizenship soon)? Is there any letter or permission required so that the child's PR renewal won't be a problem?

If your daughter is still a minor, and resident in Canada now, the minimum residency requirement does not apply as daughter of a citizen and she can apply for citizenship right away.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/citizenship-application-for-children.606330/

 

[armoured]

@armoured,
Thanks for prompt reply. I still like to know can I take her (age 13 ) outside Canada with her PR ( she not applying citizenship soon)? Is there any letter or permission required so that the child's PR renewal won't be a problem?

Leaving with the child and then coming back will create some problems - potentially. That's why I'm emphasizing: apply for citizenship for her, immediately.

You can look in the residency obligation forum (sub-forum) here.

1) She cannot renew PR card until back in compliance.
2) On returning to Canada, she will be examined at border and they may or may not 'report' her for non-compliance. This could lead to revocation of PR.
3) She won't need a PR card if returning by car, but by plane will be an issue.
4) It's possible she could claim to comply with residence on basis that accompanying a Canadian citizen (you) abroad; time together would count towards residency (but not citizenship). That has some issues potentially and can be complex (or sometimes simple).

None of the above can be determined 'in advance' or by getting some letter or permission. If it turns out to have been done wrong, it's her problem (yours).

There is one way to get 'permission' and not have issues with returning: getting her citizenship. This can be applied for now, and obviates most of the issues and risks with the above.

Up to you. Good luck.

 

[meyakanor]

There is one way to get 'permission' and not have issues with returning: getting her citizenship. This can be applied for now, and obviates most of the issues and risks with the above.

I'm wondering about applying for citizenship under Subsection 5(2) though.

It is true that the child would not require to be present in Canada for 1,096 days out of the last 5 years, but it is specifically mentioned that they cannot be inadmissible or having any 'unfulfilled conditions relating to their PR status'.

To be eligible for Canadian citizenship under subsection 5(2), you, the minor:

• must be under 18 years of age on the day you sign the application;
• must be a permanent resident (landed immigrant) of Canada;
• must have at least one parent (includes legally adoptive parent) who is a Canadian citizen or who will become a citizen at the same time as you (applying together as a family);
• can’t have any unfulfilled conditions relating to their permanent resident status
• can’t be under a removal order (asked by Canadian officials to leave Canada);
• can’t be inadmissible or prohibited on criminal or security grounds.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-minors.html

I wonder if this means that they would need to be in compliance to maintain their PR status (731 days out of the past 5 years, or still capable of having 731 days before the five year anniversary of their landing date) before they can apply for citizenship under this subsection.

 

[armoured]

I'm wondering about applying for citizenship under Subsection 5(2) though.
...
I wonder if this means that they would need to be in compliance to maintain their PR status (731 days out of the past 5 years, or still capable of having 731 days before the five year anniversary of their landing date) before they can apply for citizenship under this subsection.

Good point. Don't know. Best ask in the citizenship forum.

You said the child was out of Canada three years, you should do the precise calc. Easy way is if time outside of Canada since becoming PR is > 1095 days.