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@Baltimore

my understanding of the rules...

lonelylonelyman(lonely man)
本文发表在 rolia.net 枫下论坛Before examining the child's status, need to understand first parent's status:

A permanent resident loss PR status only when: a) in canada, when he was removed from canada under a enforced removal order. b) outside canada when an oversea CIC officer determined that the permanent resident failed residency obligations. (2 out of 5 years residence rule).
And any such PR status determination by CIC can only be triggered when the permanent resident applies to a)admission to enter canada, b) applies travel documents, c)applies anything with CIC...... in short when the permanent resident approach CIC, so if the parents leave canada and never show up /contact CIC, the parent will not loss PR status.

And the child's status hence depends:

a) If the parents had officially loss PR status, the child as accompanying family member will also loss PR status, because it will be for the best interest of the child to always stays with the parent.

b) if the parents have not officially loss PR status, and the child does not return to canada before he reaches adulthood, the child's PR status maintains, when the child become adult, he can apply to return to Canada as a permanent resident by requesting CIC to consider humanitarian factor that is :
when the child leaves canada accompanying his parents, the child himself could not have a choice & decision of himself to stay, and can not appreciate the consequences, and when the child reached adulthood, he returns to canada at earliest time display strong intention to leave in Canada.

Note : I couldn't find offical regulations on this issue, but some immigration appeal cases support such arguments.

Hope it helps... and sorry, can't type chinese更多精彩文章及讨论，请光临枫下论坛 rolia.net
(#2049757@0)
Last Updated: 2004-12-30
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Replies, comments and Discussions:

  • 枫下茶话 / 法律 / 请问,保留身份要达到的每5年在加拿大住2年以上,是从LANDING算起,还是从拿到PR CARD算起呢?孩子保留身份,有这个要求吗?谢谢! -cae(极乐鸟); 2004-12-27 (#2046872@0)
    • 是任意五年内你都要住满两年。 -snowdance(轻舞飞扬); 2004-12-27 (#2046891@0)
      • 谢谢!那么,任意五年内都要住满两年,计算是从LANDING的日子算起,还是从拿到PR CARD算起呢? -cae(极乐鸟); 2004-12-27 (#2046925@0)
        • landing开始 -johnnyhatesjazz(Rock and Roll); 2004-12-27 (#2046936@0)
          • 谢谢! 另外,孩子保留身份,有每5年住满2年的要求吗?多大年龄的孩子有这个要求呢? -cae(极乐鸟); 2004-12-27 (#2046942@0)
            • 请问,哪位XDJM知道啊?谢谢啦! -cae(极乐鸟); 2004-12-28 (#2048061@0)
    • 请问,孩子保留身份,有每5年住满2年的要求吗?多大年龄的孩子有这个要求呢?谁知道啊?谢谢谢谢啦? -cae(极乐鸟); 2004-12-29 (#2048385@0)
      • 孩子跟着父母，如果父母丧失PR, 孩子也会， ==〉www.cic.gc.ca -mssg(Wild_Killer); 2004-12-29 (#2048395@0)
        • 好象不会. -javacup(风铃); 2004-12-29 (#2049059@0)
          • 谢谢!到底是怎样的呢? -cae(极乐鸟); 2004-12-29 (#2049328@0)
            • 我没有认真看过GIC的网站, 应该有这方面的信息吧. 这个话题这里经常讨论. 我看过的案例是国际学生签证出了问题, 找律师, 却发现他小时候随父母LANDING过,他父母当然早丢了PR, 但是他的找回来了,签证也不用了. -javacup(风铃); 2004-12-30 (#2050597@0)
        • 谢谢!没有查到有关规定啊.郁闷... -cae(极乐鸟); 2004-12-29 (#2049331@0)
          • my understanding of the rules... -lonelylonelyman(lonely man); 2004-12-30 {1726} (#2049757@0)
            本文发表在 rolia.net 枫下论坛Before examining the child's status, need to understand first parent's status:

            A permanent resident loss PR status only when: a) in canada, when he was removed from canada under a enforced removal order. b) outside canada when an oversea CIC officer determined that the permanent resident failed residency obligations. (2 out of 5 years residence rule).
            And any such PR status determination by CIC can only be triggered when the permanent resident applies to a)admission to enter canada, b) applies travel documents, c)applies anything with CIC...... in short when the permanent resident approach CIC, so if the parents leave canada and never show up /contact CIC, the parent will not loss PR status.

            And the child's status hence depends:

            a) If the parents had officially loss PR status, the child as accompanying family member will also loss PR status, because it will be for the best interest of the child to always stays with the parent.

            b) if the parents have not officially loss PR status, and the child does not return to canada before he reaches adulthood, the child's PR status maintains, when the child become adult, he can apply to return to Canada as a permanent resident by requesting CIC to consider humanitarian factor that is :
            when the child leaves canada accompanying his parents, the child himself could not have a choice & decision of himself to stay, and can not appreciate the consequences, and when the child reached adulthood, he returns to canada at earliest time display strong intention to leave in Canada.

            Note : I couldn't find offical regulations on this issue, but some immigration appeal cases support such arguments.

            Hope it helps... and sorry, can't type chinese更多精彩文章及讨论，请光临枫下论坛 rolia.net
      • for kids under 18 years old, there is no any requirement of days of stayung in Canada.Kids will not lose their own PR as they are independent of their parents. -xn58(丑不是我的错); 2004-12-30 (#2050146@0)
        • Not quite agree with your view, there are few scenario than need to explore: 1) if the parents including the child leaves Canada for extended period of time and stayed with parents, when parents officially loss -lonelylonelyman(lonely man); 2004-12-30 {1226} (#2050542@0)
          本文发表在 rolia.net 枫下论坛status, so does the child also loss PR status. 2) if parent leave and child stay, . child maintains PR status independent of parent 3) parent stay, child leave, most likely the child can still maintain status through humanitarian considerations. 4) parents and child leave, child return shortly after reached adulthood, most likely can request for humanitarian consideration on grounds that when he leaves, he is still a minor of no capability to decide on his own to stay, and case law suggested such reason will result in a positive result.
          In short, every PR including child needs to satisfy his own residency obligations. Child staying outside canada can maintain PR status only if he is accompanying his parents, and his parent is a Canadian or if his parents satisfy residency obligation requirements.
          On the other way, a child's best interest affects parent's PR status, either positive or negative.
          This is under immigration law.

          As for citizenship, the child do not need to satisfy any residency requirements, he can apply for grant of citizenship as soon as he becomes a PR provided his parent is Canadian, or he can apply grant of citizenship together with his parents. This is Citizenship requirements.更多精彩文章及讨论，请光临枫下论坛 rolia.net

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