Sponsored child as PR leaves Canada after 1 year, then what?

[rice-racer]

Hypothetical question, but what would happen, say in my case, if my new wife and sponsored teen daughter arrive in Canada as permanent residents, then after say a year, the child graduates high school in Canada (she's in grade 11 now, USA) and wants to return to the US? I'm just wondering my responsibilities if she goes to the USA for college and decides to stay, do my obligations stop, since she leaves the country on her free will, and in 5 years say, she comes back as an adult, then what?
Just curious as to what she has a stake if she leaves.

 

[sariss]

If she leaves Canada and stays away for two years in a five year period, she will lose her status. If she wanted to come back as an adult she would have to re-apply - and because she is no longer your dependent, she would have to find a different way.

 

[rice-racer]

Thats kind of what I thought as well. Now though, in that 2 year period, if she was actually moved back, but came to visit say for a week, does it change, or is it because one is actually residing out of the country? I guess it gets a bit technical, each case depending on its own situation.

 

[canuck_in_uk]

If she leaves Canada and stays away for two years in a five year period, she will lose her status. If she wanted to come back as an adult she would have to re-apply - and because she is no longer your dependent, she would have to find a different way.

This is wrong. The residency obligation is 2 out of 5 years in a rolling period, so a PR can leave for up to 3 years and still be able to meet the residency obligation.

The loss of PR status is not automatic. There have been many, many people who did not meet the residency obligation but were able to re-enter Canada without being reported, even those who had been gone since their landing and whose PR cards were about to expire. Once back in Canada, they can stay for 2 years until they met the residency requirement and could then renew their PR cards without issue.

It is entirely possible that your stepdaughter could leave for more than 3 years and re-enter Canada without losing her PR status.

 

[screech339]

This is wrong. The residency obligation is 2 out of 5 years in a rolling period, so a PR can leave for up to 3 years and still be able to meet the residency obligation.

The loss of PR status is not automatic. There have been many, many people who did not meet the residency obligation but were able to re-enter Canada without being reported, even those who had been gone since their landing and whose PR cards were about to expire. Once back in Canada, they can stay for 2 years until they met the residency requirement and could then renew their PR cards without issue.

It is entirely possible that your stepdaughter could leave for more than 3 years and re-enter Canada without losing her PR status.

All the more reason that our government should clamp down on PRs who ignore the residency requirement in maintaining their PR status. There should be an automatic lost of PR status once they fail the requirement. Only allow the "failed" PR to prove that they were in fact living with a Canadian outside Canada in order to regain their legal PR status.

Screech339

 

[rice-racer]

Without cause of argument. I guess what I'm getting at here is, because as we wait for PR for my wife and step daughter, she's also getting older and will have only a year of high school left here. In here case, she has a boyfriend now in the US where they live, and people start getting attached etc. So, they will be getting their PR any day now, and be moving to Canada, probably April or end of the school year. Because of long delays with the strike etc last year, I can see her maybe going back, using college or something as an excuse to be with him.It seems like a real letdown, for all the efforts put into getting her here, the obligation on my part, then just leave after a year. Then, if the relationship falls apart there,say after a year or so, can she just come running home (here), making me still responsible until she maybe leaves again? This is all hypothetical, but also real as to whats going on right now.

 

[screech339]

Arguments aside, as long as your daughter maintains her 3 out of 5 year residency requirements, she can keep her PR status. If and when she stays out of Canada too long and thus fail to maintain her PR status, the border will notice that she has failed her PR status requirement should she tried to back into Canada. The border agent could inform her that she no longer has her PR status and only grant her visitor status.


Screech339

 

[canuck_in_uk]

Arguments aside, as long as your daughter maintains her 3 out of 5 year residency requirements, she can keep her PR status. If and when she stays out of Canada too long and thus fail to maintain her PR status, the border will notice that she has failed her PR status requirement should she tried to back into Canada. The border agent could inform her that she no longer has her PR status and only grant her visitor status.

Not quite right. The residency obligation is 2 out of every 5 years, not 3.

There is always the chance that she will be reported on entry for not meeting the residency obligation but from anecdotal evidence on the forum, being reported is rare.

If she were reported on entry, she wouldn't lose her PR status on the spot; a border officer cannot make that determination. The only way to lose PR status is to renounce it or have it formally revoked by CIC. The border officer would allow her entry as a PR and she would be given 30 days to provide evidence of H&C reasons to allow her to retain her PR status. If she couldn't provide such evidence within 30 days, her PR status would be officially revoked by CIC and she would be required to leave Canada. After that, she could re-enter as a visitor.

 

[canuck_in_uk]

Then, if the relationship falls apart there,say after a year or so, can she just come running home (here), making me still responsible until she maybe leaves again? This is all hypothetical, but also real as to whats going on right now.

If I remember correctly, the undertaking for a dependent child is 10 years. You will still be held to the terms of the undertaking in that time if she returns to Canada and retains her status as a PR.

 

[screech339]

If I remember correctly, the undertaking for a dependent child is 10 years. You will still be held to the terms of the undertaking in that time if she returns to Canada and retains her status as a PR.

The 10 year undertaking doesn't give the daughter absolution from her 2 out of 5 year requirement to maintain her PR status.

The 10 year undertaking would be valid as long as her PR is valid. Once her PR status is void, the undertaking becomes void too.

 

[canuck_in_uk]

The 10 year undertaking doesn't give the daughter absolution from her 2 out of 5 year requirement to maintain her PR status.

I never said that.

The 10 year undertaking would be valid as long as her PR is valid. Once her PR status is void, the undertaking becomes void too.

Which is EXACTLY what I said.

You will still be held to the terms of the undertaking in that time if she returns to Canada and retains her status as a PR.

 

[screech339]

I never said that.

Which is EXACTLY what I said.

You will still be held to the terms of the undertaking in that time if she returns to Canada and retains her status as a PR.

Sorry for my mistake. You are correct. I misread your post. I misread "retains" for "regains" her PR. My apology.

Screech339

 

[canuck_in_uk]

Sorry for my mistake. You are correct. I misread your post. I misread "retains" for "regains" her PR. My apology.

Screech339

Too much time looking at the computer screech, have a coffee break

 

[screech339]

Too much time looking at the computer screech, have a coffee break

Ha ha. No the letters were small to read on my BlackBerry.

Screech339

 

[canadianwoman]

Could she go to university in the States, but come back to Canada at Christmas and for the whole summer? This would make keeping her PR much easier. Keep proof she is in Canada whenever she is here, to show if needed.