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

[screech339]

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.

Not sure. By coming home for Christmas can add to the residency requirement but may not be enough. They count the actual days she was in for a month. It has been a total of 2 years out of 5 in order to maintain her status. So of out 5, she can attend school for 3 years in US but must remain in Canada for the next 2 years straight without leaving Canada.

In theory she can attend university in US, and then take online courses through the US university she attended for 3 years and finished her degree during the last 2 years in Canada. Otherwise she could transfer credit to a Canadian university for the last 2 years. If not she may have to wait 2 years in Canada and finish her degree after staying 3 years. There are options she can do.

Screech339

 

[rice-racer]

Thanks everyone for your responses! It all makes things a LOT clearer to understand, great input and appreciated!
It's kind of like a nice round table discussion, we all have points and knowledge, but it gets a bit confusing when trying to figure it out by oneself.A little input from everyone clears the air!

 

[computergeek]

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.

See ENF 23 "Loss of Permanent Resident Status"

The actual process is that a border officer does make a determination that the individual is in breach of the residency obligation. She or he writes an A44(1) report at that point in time, which initiates the formal investigation and stops the time in Canada as counting towards PR. The officer may also issue a departure order.

Departure orders give the PR 30 days to challenge the order. A failure to do so means that the person ceases to be a permanent resident. Further the departure order becomes a deportation order and a lifetime ban on entry into Canada (or an Authorization to Return to Canada).

 

[canuck_in_uk]

See ENF 23 "Loss of Permanent Resident Status"

The actual process is that a border officer does make a determination that the individual is in breach of the residency obligation. She or he writes an A44(1) report at that point in time, which initiates the formal investigation and stops the time in Canada as counting towards PR. The officer may also issue a departure order.

Departure orders give the PR 30 days to challenge the order. A failure to do so means that the person ceases to be a permanent resident. Further the departure order becomes a deportation order and a lifetime ban on entry into Canada (or an Authorization to Return to Canada).

Yes, the border officer determines if they have not met the residency obligation and reports them. What I was stating is that the border officer cannot determine on the spot that a person is no longer a PR and make them enter Canada as a visitor, which is what someone had stated previously. The officer must allow them entry as a PR, even if that time stops counting as a PR.

They enter as a PR and do still have PR status until those 30 days are up. If they prove H&C reasons, they retain their status; if not, then their status is formally revoked.