Attn: Andrew Miller

Old Apr 5th 2008, 8:06 pm
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Default Attn: Andrew Miller

Me and my family (me, my wife and 5 children) got our permanent resident cards for Canada in June 2002. Me and two of my children stayed back in Canada, and we have already gotten our Canadian Citizenship. My wife left for Kuwait with the other 3 children and they only have permanent residence cards that will be expiring on 19th August 2008.
There are two cases that I am slightly confused about and I would be thankful if you can provide some clarification.

CASE 1
One of my daughters who will be returning to canada early May is going to turn 18 on 4th October 2008 and her permanent residence is expiring on 19th August 2008. Can She apply for the citizenship after 15th May (as the time required for applying for citizenship is 3 years out of 5 years)?

1.Can she stay in Canada without applying for the permanent residence after 19th August or we should apply for her renewal of PR card as well as the citizenship?

CASE 2
My two children (aged 14 and 10)are residing in Kuwait with their mother and their PR cards are also expiring on 19th August 2008.Their mother has a PR card which expires on 12th November 2008. The mother is not interested in Permanent Residence or Canadian Citizenship. The children have passed almost 2 years in Canada in the past 5 years.

1.Can I apply for my both children for Canadian Citizenship and do they have to come to Canada for their Citizenship cards?

2. As their PR cards will expire on 19th August 2008, what procedure should I follow for the renewal of their PR cards? Do they have to come to Canada for renewal of PR cards or do you think that the PR cards are necessary for obtaining the citizenship?

Thank you very much for all your help.
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Old Apr 5th 2008, 8:20 pm
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Default Re: Attn: Andrew Miller

See:

http://www.cic.gc.ca/ENGLISH/citizen...ligibility.asp

for the basic rules. Maybe someone else can help with the intricacies?

Last edited by adele; Apr 5th 2008 at 8:23 pm.
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Old Apr 6th 2008, 12:21 am
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Default Re: Attn: Andrew Miller

Originally Posted by Johnson
Me and my family (me, my wife and 5 children) got our permanent resident cards for Canada in June 2002. Me and two of my children stayed back in Canada, and we have already gotten our Canadian Citizenship. My wife left for Kuwait with the other 3 children and they only have permanent residence cards that will be expiring on 19th August 2008.
There are two cases that I am slightly confused about and I would be thankful if you can provide some clarification.
What is the date your wife and 3 absent from Canada children landed as PR in Canada and at what date your wife and children left Canada? How long (years, months and days or just days in total) were they absent from Canada in past 5 years?

Date of issue and expiration of PR Cards is irrelevant - what counts is the number of days in Canada in every 5 years period.

Originally Posted by Johnson
CASE 1
One of my daughters who will be returning to canada early May is going to turn 18 on 4th October 2008 and her permanent residence is expiring on 19th August 2008. Can She apply for the citizenship after 15th May (as the time required for applying for citizenship is 3 years out of 5 years)?
In order to be eligible to apply for citizenship person (except minor children) must accumulate 1,095 days (3 years) in Canada within 4 years immediately preceding citizenship application. Minor children are not required to accumulate 3 out 4 years in Canada, but they must still have their PR status - and this is what is not clear here as you didn't tell us yet how long your family is absent from Canada in past 5 years.

Originally Posted by Johnson
1.Can she stay in Canada without applying for the permanent residence after 19th August or we should apply for her renewal of PR card as well as the citizenship?
If at the date of her return to Canada she is still a PR and Loss of Status proceedings won't be initiated then of course she should renew her PR Card.

Originally Posted by Johnson
CASE 2
My two children (aged 14 and 10)are residing in Kuwait with their mother and their PR cards are also expiring on 19th August 2008.Their mother has a PR card which expires on 12th November 2008. The mother is not interested in Permanent Residence or Canadian Citizenship. The children have passed almost 2 years in Canada in the past 5 years.

1.Can I apply for my both children for Canadian Citizenship and do they have to come to Canada for their Citizenship cards?
"Almost 2 years in Canada in the past 5 years" is not good enough. If they didn't meet residency obligations (being in Canada for at least 730 days in past 5 years, or abroad with parent who is a Canadian citizen or PR who complies with his/her residency obligations) then their PR status will be declared lost. In such case you may forget about their citizenship.

But if they complied with residency obligations and will still comply until citizenship is granted then you may apply for their citizenship without them coming here. I don't see how it can happen though as based on what you just stated they are not in compliance with residency obligations already.

Originally Posted by Johnson
2. As their PR cards will expire on 19th August 2008, what procedure should I follow for the renewal of their PR cards? Do they have to come to Canada for renewal of PR cards or do you think that the PR cards are necessary for obtaining the citizenship?
See above - it seems that they didn't comply with residency obligations already.
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