Peterborough Stu

We moved over to Canada in 2010. Unfortunately my Wife and I have decided to separate. She returned to the UK in April of this year along with our two children. We all have PR status.
I decided to stay in Canada and try to keep the door open for the children to return should they want to. My idea was that if I could stay here long enough to get Citizenship then I could live between the UK and Canada without any problems.
Right now I need to remain on Canadian soil for the 3 years out of 5, to keep my PR status. Once I've done that I could apply for Citizenship.
Now my Children will lose their PR status if they do not return within a year (and that's unlikely to happen).
My question is how easy would it be for them to return to Canada and live with me should they want to once they have lost their PR ?
Would I have to apply for PR for them again or perhaps wait until I get Citizenship then sponsor them ? Or if they are below a certain age are they allowed to be with me anyway (if I have PR or Citizenship).

Any advice on this would be greatly recieved.

Aviator

Once they have lost PR, then they would have to apply or be applied for again. You could sponsor them so long as they are under 22 at the time (some exception), after that they have to apply the same as everyone else.

Presumably you agreed to the children being taken out of Canada? Without your consent I don't believe your wife can remove them from Canada.If they come back to Canada once PR is lost, they would be visitors. Consider consulting a family lawyer.

Peterborough Stu

I did give consent for them to leave Canada. I wasn't going to make their mum choose between being somewhere she didn't want to be and her children.
But I wanted them to be able to return and live me later if they so chose to.
Can I assume that I will have more success in sponsoring them if I have Citizenship compared to just PR ?
They are both less than 12 years old.

Scotjames

Hi
As I understand it to maintain PR status you need to have been a physical resident for a total of 2 years in 5years and for citizenship once you
have been a physical resident of Canada for three years (1095 days) out of the four years immediately preceding your application. Where exceptional circumstances exist, however, you may be allowed to apply even if you have not been physically resident in Canada for the required 1095 days.

christmasoompa

No, it makes no difference whatsoever. As The Aviator said above, you can sponsor them but only as long as they are dependent - this is generally up to the age of 22, but there are things that can mean they are no longer dependent before this age (i.e. if they are married or in a common-law relationship) and also things that mean they are deemed dependent past the age of 22. Full details are on the CIC website.

So if you want to sponsor them, you'll need to maintain your own PR (as above, 2 years out of every 5 in Canada), or become a citizen. And do remember that it's 5 years from when you 'landed' to activate your PR, not from when you actually moved if it was a different time i.e. you say you moved in 2010, but if you landed in 2009, that's when the five year clock starts ticking.

Good luck.

JAJ

Children will likely fail the residence requirement to keep their PR, however their permanent resident status will not automatically be revoked.

As soon as they reach adulthood (age 18) they should apply for Travel Documents to allow them to travel back to Canada as permanent residents. They would have a chance of getting these granted considering the special circumstances.

And if the answer is no, you simply sponsor them for Family Class under the rules that exist at the time. The age limit is currently 22 but it may not be in the future. Regardless, if they leave it too long after age 18, they will lose the opportunity.

If you can get them into Canada before age 18, say when they are 16, then they have the advantage of being able to apply for Canadian citizenship without meeting the 3 year residence requirement. If you're Canadian at that point.