Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

Children are Canadian can I get residency?

Children are Canadian can I get residency?

Old Feb 23rd 2010, 12:37 am
  #1  
Just Joined
Thread Starter
 
Joined: May 2004
Posts: 6
ANGIEWUK is an unknown quantity at this point
Default Children are Canadian can I get residency?

Hi

I lived in Canada around 6 years ago and although I applied for residency I returned to the UK as my marriage to a Canadian broke down. I recieved my residency when I returned home but decided to stay here. I am now looking at returning to Canada with my children my oldest was born in England but has Canadian Citizenship as his father is Canadian and my youngest was born in Canada. I no longer get on with my ex husband but he lives here in the uk now also. As I no longer have anyone to sponsor me how would I go about moving back over there? I am looking at living in British Columbia.

Also I have established a career as a beauty therapist and hairdresser in the uk and I am unsure if my qualifications would be accepted I have VCTC level 2 and 3 qualifications in both hairdressing and beauty. Can anybody give me any advice on this? It would be greatly appreciated. Thanks.
ANGIEWUK is offline  
Old Feb 23rd 2010, 12:53 am
  #2  
Moderαtor Emeritus
 
iaink's Avatar
 
Joined: Sep 2003
Location: Upstate South Carolina
Posts: 30,771
iaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond repute
Default Re: Children are Canadian can I get residency?

If they are old enough they can sponsor you for PR, but it takes a while. I am guessing they are not yet at the age of majority.

http://www.cic.gc.ca/english/immigra...-apply-who.asp
iaink is offline  
Old Feb 23rd 2010, 12:57 am
  #3  
Just Joined
Thread Starter
 
Joined: May 2004
Posts: 6
ANGIEWUK is an unknown quantity at this point
Default Re: Children are Canadian can I get residency?

My children can't sponsor me they're only 7 and 5 years old.
ANGIEWUK is offline  
Old Feb 23rd 2010, 12:59 am
  #4  
Moderαtor Emeritus
 
iaink's Avatar
 
Joined: Sep 2003
Location: Upstate South Carolina
Posts: 30,771
iaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond reputeiaink has a reputation beyond repute
Default Re: Children are Canadian can I get residency?

Originally Posted by ANGIEWUK
My children can't sponsor me they're only 7 and 5 years old.
Then you are in the same boat as everyone else is my guess, but I'll move this to the immigration area in the hope someone there has some bright ideas...
iaink is offline  
Old Feb 23rd 2010, 1:12 am
  #5  
Banned
 
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Siouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond repute
Default Re: Children are Canadian can I get residency?

You "may" be able to retain your original Permanant Resident status.

Legislation states that if you were accompanying a Canadian Citizen overseas that time spent together counts as if you were in Canada. It really depends on when you divorced.

How long did you live in Canada and were you a Permanant Resident?

By stating you got your "residency" do you mean PR or Citizanship?

Specifically, pursuant to A28(2), a permanent resident complies with the residency obligation provisions if, for at least 730 days with respect to every five-year period, the permanent resident is physically present in Canada or:

is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent;

Loss of status: http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

6.1. Accompanying outside Canada
A28(2)(a)(ii) and A28(2)(a)(iv) provide that each day a permanent resident is outside Canada, accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, a parent with whom they ordinarily reside, is deemed a day of physical presence in Canada.

Each day a permanent resident is outside Canada, accompanying a spouse, common-law partner or, in the case of a child, a parent who is also a permanent resident and with whom they ordinarily reside, is also deemed a day of physical presence in Canada provided the spouse, common-law partner or parent of the other permanent resident is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province

7.5. Accompanying a Canadian citizen outside Canada
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is, ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada, provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent.

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

Hope that may be of help to you.

Siouxie is offline  
Old Feb 23rd 2010, 1:32 am
  #6  
Just Joined
Thread Starter
 
Joined: May 2004
Posts: 6
ANGIEWUK is an unknown quantity at this point
Default Re: Children are Canadian can I get residency?

Thanks I think this might be of help. I'm not sure if my permanant residency was finalized. I applied through London but didn't recieve any paperwork until I returned home as I stayed in Canada on a visitors visa and kept extending it while I was there. All I remember is recieving a letter saying my residency had been accepted and I think I was supposed to send something back signed to acknowledge it. As it was over 5 years ago I can't really remember. I have not yet divorced my husband but we have been seperated a long time now. Does anybody know how I might find out what the status of my application resulted in?
ANGIEWUK is offline  
Old Feb 23rd 2010, 1:44 am
  #7  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,217
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: Children are Canadian can I get residency?

Originally Posted by ANGIEWUK
Thanks I think this might be of help. I'm not sure if my permanant residency was finalized. I applied through London but didn't recieve any paperwork until I returned home as I stayed in Canada on a visitors visa and kept extending it while I was there. All I remember is recieving a letter saying my residency had been accepted and I think I was supposed to send something back signed to acknowledge it. As it was over 5 years ago I can't really remember. I have not yet divorced my husband but we have been seperated a long time now. Does anybody know how I might find out what the status of my application resulted in?
If you had received Permanent Residency you'd have had a visa put in your passport, and landed in Canada to activate it. From what you've said, you never did this so didn't actually get as far as obtaining PR.

So you'll need to see if you qualify for any other route, have a read of the Wiki (on blue bar at top of page) for more info - this page is a good place to start. http://britishexpats.com/wiki/Quick_...an_Immigration

Good luck.
christmasoompa is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.