仔细阅读cic的规定： -realpangxie(匿名) @巴尔的摩华人论坛:巴尔的摩枫下论坛 The Rolia Forum of Baltimore

仔细阅读cic的规定：

realpangxie(匿名)

“You are a child accompanying a permanent resident parent who is outside Canada and employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province. ”

小孩子可以在加拿大以外随便呆多久的条件有2个：
1.accompanying a permanent resident parent who is outside Canada
2. the parent is employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.

这2个条件的关系是“and”不是“or”,你的英语看来不错，应该看得懂官方的意思吧。那你的孩子符合这种情况吗？

(#2322009@0)
Last Updated: 2005-5-31
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to maintain PR status, you must accumulate 730 days of physical presence in Canada for every 5 years in a row, if landed for 5 years or more... -lonelylonelyman(jackman); 2005-5-28 {905} (#2317276@0)

If landed for less than 5 years, you must demonstrate that you can accumulate 730 days in Canada within the 5 years from the day you landed.

In my view, your daughter's situation is very much depends on her age, as well as your status.
1, if she is a small child, then she is your dependent and can not make decision of her own of where to stay, her status depends on her parent's.
so if your PR status maintain, in my view so do your small child.
2. if she stays in China for extended period and you stay in Canada long enough to apply for citizenship, you can include her in your application as long as she is eligible to apply as minors(below 18 years old), a minor do not need to fullfil 3 years out of 4 years residence requirement for citizenship application.

if for whatever reasons you need to sponsor your child, make sure do it before your child reach 22 years old or get married.

Thank you very much! Jack. .... -jdav(dongdong); 2005-5-28 {322} (#2317552@0)
My daughter will be 12 years old by this July. My situation is like this: I may go back China for a few years after I stayed here for 730 days. so I can keep the P.R status. but my daughter only stayed here for 646 days before she left. In your opinion, she will have no problem in maintaining her PR status???
Thanks!
这样的观点太想当然了，搂主到cic的网站上看看官方的规定，小孩子也必须遵守规定. 小孩子的例外情况里面有说过，可不是lonelylonelyman想象的。入籍的规定跟保留P.R身份的规定完全是两回事. -realpangxie(匿名); 2005-5-28 (#2317833@0)

这里曾经详细讨论过小孩子入籍跟保留身份的区别： -realpangxie(匿名); 2005-5-28 (#2317835@0)

I think you understand the topic quite well. and i have not problem with the issues. In with residency requirement for maintaining PR and residency requirement to be eligible for citizenship application are two -lonelylonelyman(jackman); 2005-5-30 {1233} (#2319624@0)
本文发表在 rolia.net 枫下论坛different topics and in fact concepts.

I understand that each individuals PR including child needs to fulfill he/her 2 years out of 5 years residency obligation requirements in order to maintain PR status. However, I had tried to explan to dongdong that in my view, a dependent child is more likely will not lose he/her PR status if he/her parent is a PR with valid status because under immigartion law ,IC needs to consider any possible humanitarian reasons, and in my view, dong's daughter is a strong humanitarian case because 1) when she left Canada, she was only 12 and can't possibly left Canada on her own will. 2) the objective of immgration law is to unite family, not separation of blood relatives.

As for citizenship application, I think my view is valid and stands. there's a 3 years out of 4 years residency requirements to be eligible to apply, but there's no such residency requirement for a child when applying for a grant of citizenship as long as a) his/her parent is already a canadian citizen or b)his/her parent is currently applying for a grant of citizenship and including the child as a minor. The child do not need to write the test, and if below the age of 14, he/she do not need to take oath.更多精彩文章及讨论，请光临枫下论坛 rolia.net

关于入籍的问题，我们并没有分歧。但保持移民身份上，虽然你的分析在人道上有道理，但这不是cic的明文规定。否则，cic也就不存在需要单独规定小孩子保留身份那一条了。 -realpangxie(匿名); 2005-5-30 {764} (#2320109@0)
根据cic的规定：“You are a child accompanying a permanent resident parent who is outside Canada and employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province. ”

那么楼主的女儿如果是一直在国外陪伴她的父母，那么她父母能保留移民身份，那她也可以保留；但如果她单独留在国外，就不符合cic的规定了。如果完全出入人道考虑，cic完全没有必要留下这么个单独的规定，缺省就是父母是移民，小孩子也天身是移民，那还办什么小孩子的团聚？

cic既然有这样的明文规定，遵守是必要的。否则，面临的就可能就是，入境时有麻烦，然后找律师用人道的角度辩护。可是，如果人人都可以辩护成功，cic的这条规定制定出来干什么？

另外，入籍有两个条件：
1。是加拿大移民身份。
2。住满3年。
小孩子可以不用满足2，但得满足1。这你同意吧。

I absolutely agrees with you in several aspects, i.e. child needs to maintain PR before granded citizenship. As for maintaining PR status.. -lonelylonelyman(jackman); 2005-5-31 {1201} (#2321308@0)
本文发表在 rolia.net 枫下论坛the law says that when assessing residency obligations, CIC officers need to consider the humanitarian issues taking into account the best interest of the child (In my view, a child's best interest is to stay with his/her parent).

a child will not become a PR unless he/she is sponsored by his/her parent. once the child become PR, he/she needs to satisfy his/her own residency obligations. Take some scenarios:

1) the child left canada, parent satisfied 2 yr out of 5 yr rule and maintained PR, parent jointed the child and together returned canada. In my view, there's very little possibility of having problem crossing the border.

2) similar to 1) but the child return canada on his/her own, high possibility of problem at the gate.

3) child left canada, parent obtained citizenship and jointed the child, the no of days they stay together is considered as equals to physical presence in canada, and if satisfied 2 out of 5 year rule, the child maintains PR status even not staying in canada, and will not have problem returning canada

But you are right, why not just do it right at the first time, rather than wasting money and energy on hoping for humanitarian considerations.更多精彩文章及讨论，请光临枫下论坛 rolia.net

Thanks for the reply.... -jdav(dongdong); 2005-5-31 {400} (#2321796@0)
Let me make it clear: we don't want to apply for the citizenship... let's say :I am going back to China for three years(Aug,2005- Aug.2008 after staying in Canada for two years(July 2003-Aug 2005). I will come back in Aug. 2008 with my daughter(she stayed in Canada from July, 2003-May, 2005). Will she have problem in the border?? we are both immigrants. .. that's what I am concerned... Thanks!

仔细阅读cic的规定： -realpangxie(匿名); 2005-5-31 {587} (#2322009@0)
“You are a child accompanying a permanent resident parent who is outside Canada and employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province. ”

小孩子可以在加拿大以外随便呆多久的条件有2个：
1.accompanying a permanent resident parent who is outside Canada
2. the parent is employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.

这2个条件的关系是“and”不是“or”,你的英语看来不错，应该看得懂官方的意思吧。那你的孩子符合这种情况吗？

looking at 楼主's case, her daughter had already left Canada while 楼主 himself/herself -lonelylonelyman(jackman); 2005-6-3 {1484} (#2326695@0)
本文发表在 rolia.net 枫下论坛staying in canada trying to satisfy the 2/5 year rule, and although plans to join the daughter later of the year, i still think the daughter will not be benefited by being accompanying her PR parent because her parent is not working for a canadian company while aboard, unless her parent do so. Also, since 楼主 does not have intention of applying for citizenship which helps daughter to acquire citizenship as well, so looks like the daughter does not have much options except to return to canada either now or months before end of the 5 year period. And so this is a strict application of A28(2)(a) and (b) of the immgration Act.

A28(2)(c) of the Act specified that if sufficient humanitarian and compassionate grounds exist, it will overcome any breach of residency obligation requirements. my previous discussions are based on my view on A28(2)(c), this section to my understanding, is very much bias towards the best for the child. (the best interest of the child is normally to live with the parent, but is NOT necessarily live together in Canada!) So if the parent maintains PR status, and wants settle in Canada, logically, the child depends on and follows the parent.

Just remember, you will not automatically loss your PR status even you have been away for extended period of time, although CIC can finds you inadmissible at the border and told you that you are losing your PR status, but that is not final, only the court has the final say.

So good luck.....更多精彩文章及讨论，请光临枫下论坛 rolia.net

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