Should I wait till I accumulate 730 days to renew?

[jenjen]

My family and I landed in Canada in April 2009 but did not physically moved into Canada till Jan 2012. Our PR Card is expiring in Jul. Of the seven members in the family, My three high school children would have accumulated 730 days by end of May this year. I have several questions as there are seven of us with different situations.

1. One of my High schooler is already 18, can she renew her PR Card without the parents meeting their PR obligations? She is accepted into McGill and would like to pursue her education in Canada.

2. Two of the high schooler are under 17 and 16, can they renew their PR card without the parents meeting their PR obligations?

3. My husband, who is the main applicant when applying for PR, cannot meet the PR Obligation, can this affect the renewal of PR Card for my children and myself. Can my husband apply for renewal on Humanitarian and compassionate ground as his business clients are all in USA?

4. My PR obligation is not met. I should meet the obligation by Oct 2014 if i stop travelling now. Should I not travel and wait till I have accumulated 730 days to renew? We have properties in USA and I have to travel frequently to USA to attend to the properties, can this be the reason for renewal before I could meet 730 days?

5. The oldest child, 28 years old did not move into Canada with us. Should he return the PR Card?

6. The second child, 23 years old, would have accumulated 730 in September, decided to move back to USA. Should she return the PR card?

With all these questions above, should i seek legal asssistance? Is it something i can do it on my own?

Thank you for your time.

 

[Leon]

1. and 2. An adult child can apply to renew his or her PR card if they meet the RO and you can apply for your minor children as well.

3. Your husband failing to meet the RO will not affect anybody else. Having business clients in another country does not fall under humanitarian considerations. However, if he loses his PR at some point for not meeting the RO, you can sponsor him for PR again as long as you meet the RO and are living in Canada at the time. Therefore, it is important that you meet the RO at all times. If you both lose your PR, it will be a long time until your children can sponsor you. Your 18 year old would have to meet the income requirements to support herself and the two of you for 3 tax years before she can apply.

4. Immigration doesn't care where you have properties. If you apply to renew your PR card without meeting the RO, you will have a problem. I strongly advise you to stop travelling now and not apply to renew your PR card until you meet the RO for the past 5 years before you apply. Keep in mind that if you apply in October, they will only count days in Canada since October 2009 (5 year period).

5. and 6. There is no need for them to return the PR card. The issue will be dealt with at some point. Possibly next time they try to visit Canada or on later visits. If they don't care to keep the PR, they can renounce their PR status if they are asked to.

There is no reason why you would need legal assistance with any of this. It is pretty straight forward.

 

[jenjen]

Thank you Leon!!!! So glad to hear I don't need legal representation.

I have few questions to clarify:

I assume 18 years old is considered an adult child in Canada. My 17 and 16 years old will meet their PR obligation by next month. Are they considered minor? Can they apply to renew in May (without parents meeting PR Obligation)? Or should they wait till I renew mine in October 2014?

By waiting for me till October to apply for renewal, does it also mean that they cannot travel with an expired PR card which is expiring in July 14th 2014.

 

[Leon]

18 is the age of majority in many provinces although in some, it is 19. Immigration would most likely consider an 18 year old as an adult.

You can apply to renew the PR cards of your children without applying for yours at the same time. However, you could also wait until October. It would be safer for them not to travel until their PR cards have been renewed.

 

[jenjen]

Leon, Thank you so much! Your advice is very valuable.

I will keep you updated. Thanks again!!!