Want to remain as a PR not Citizen of Canada

[Ravsra]

Regard all.

I, along with my children, am invited to take Canadian Citizenship Oath. Earlier we all are of having PR status in Canada.
Due to some family emergency and taking care of my widow mom who got a major surgery, I am now in India from last 6 months. My elder son, who is now 18 years (at the time of apply for Canadian Citizenship, was 14years) starts continuing his education in India to avoid any delay and gap in study. Now he joined his bachelor’s study and wants to remain as a PR.

Now my concerns are followings:

1. Is it possible for him to remain as PR (expiry of PR card is in 2019)?

2. Does he have to file any new application for that or does he have to file any application to withdraw his name from Oath ceremony?

3. Can he apply for Canadian Citizenship after completion of study?

4. As I come to know that if any of the parents is having Canadian citizenship, and his/ her children are living with his/ her, then that time spent with either of them will include as a physical stay in Canada? Is it true?

5. Now he is 18 years old and having no study gap, is it possible for him to renew his PR card after expiry of his current PR card which is in 2019 as per the above said provision(4 no.) if that is going to be true?

I am hoping a kind and positive response from your end soon.

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

We are sorry to hear about your mother’s situation.

Regarding your questions about your son’s status, it is difficult for us to provide any definitive responses regarding your questions.

It is really important that you contact a lawyer who is familiar with immigration issues as soon as possible.

Regarding your first question,

1. Is it possible for him to remain as PR (expiry of PR card is in 2019)?

It is difficult for us to provide a definitive response to this question. As you may know, as a permanent resident, you may travel outside Canada after you arrive. However, you must meet certain residency obligations to maintain your status as a permanent resident.

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.

Regarding your question,

3. Can he apply for Canadian Citizenship after completion of study?

In order to re-apply for Canadian Citizenship, you son will have to meet the new requirements.

Here is an excerpt from the CitizenshipCounts.ca website regarding what the new requirements are:

The new residency requirements require you to be:

Living in Canada for 4 years (1,460 days) out of 6 years for citizenship eligibility;

Physically present in Canada for 183 days (minimum) per year in 4 out of 6 years.

In addition, you:

Cannot count time spent as a non-permanent resident (non-PR) toward residence for citizenship;

Must prove that you “intend to reside” in Canada.

Regarding your question,

4. As I come to know that if any of the parents is having Canadian citizenship, and his/ her children are living with his/ her, then that time spent with either of them will include as a physical stay in Canada? Is it true?

Yes, this is true. Time spent outside Canada may also count towards the two years if someone is a child travelling with a father or mother who is a Canadian citizen.

It is important to note that a child is someone under the age of 19 who has never been married or in a common-law relationship.

Regarding your question,

5. Now he is 18 years old and having no study gap, is it possible for him to renew his PR card after expiry of his current PR card which is in 2019 as per the above said provision(4 no.) if that is going to be true?

According to the Citizenship and Immigration Canada (CIC) ENF 27 Permanent Resident Card manual,

R56(2) states clearly that a PR card application must be made in Canada. Furthermore, the card must be delivered in person to each applicant, pursuant to R58(3), and be picked up within 180 days of the person receiving notification that it is ready for collection. This enhances the integrity of the application process, allowing the local office to contact the client to review documentation and assess residency issues in person.

However, it is recognized that the Regulations do not specify physical presence in Canada for purposes of filing a PR card application. Applications cannot be refused solely on the basis of evidence that the applicant was not in Canada when the application was filed.

However, applicants are expected to provide an address in Canada where they may be contacted to provide additional information or to present themselves in person for the purposes of reviewing either identification or eligibility for the PR card. The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org