Odd?

Old Aug 11th 2010, 6:53 pm
  #1  
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Default Odd?

I just met a surprising case:

A young man came to see me as a patient and told me he had just arrived (in Alberta) from France as a permanent resident.

His story is that his parents came over with PR status to Quebec when he was 5 years old, and only stayed 2 years before the family returned to France.

Now 17 years later he applied to come over on a work permit and was told he didn't need that as he still had PR status even though his parents have lost theirs.

Is this odd? Maybe Quebec has different laws from the rest of Canada?
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Old Aug 11th 2010, 7:01 pm
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Default Re: Odd?

from the research i've done into canada it's a dead certainty that quebec has a different set of rules to the rest of the country!
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Old Aug 11th 2010, 7:06 pm
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Default Re: Odd?

Well, and he's from FRANCE aka the motherland
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Old Aug 11th 2010, 7:07 pm
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Default Re: Odd?

Originally Posted by Alberta_Rose
I just met a surprising case:

A young man came to see me as a patient and told me he had just arrived (in Alberta) from France as a permanent resident.

His story is that his parents came over with PR status to Quebec when he was 5 years old, and only stayed 2 years before the family returned to France.

Now 17 years later he applied to come over on a work permit and was told he didn't need that as he still had PR status even though his parents have lost theirs.

Is this odd? Maybe Quebec has different laws from the rest of Canada?
Unless one of his parents was a Canadian citizen and then time spent outside Canada is counted if you are under 22 and with a parent.

http://www.cic.gc.ca/english/informa...des/5445EA.asp

or maybe compassionate reasons??
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Old Aug 11th 2010, 8:28 pm
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Default Re: Odd?

Originally Posted by fledermaus
Unless one of his parents was a Canadian citizen and then time spent outside Canada is counted if you are under 22 and with a parent.

http://www.cic.gc.ca/english/informa...des/5445EA.asp

or maybe compassionate reasons??
Under the former Immigration Act, 1976, if a child under 18 years of age left Canada with their parents and, after becoming an adult, sought to re-enter Canada as a permanent resident, jurisprudence dictated that the person could not have formed the intent to abandon Canada as a child and therefore retained permanent resident status.

New rules
Under IRPA, intent to abandon is no longer the test for retaining permanent resident status. Therefore, the inability to form intent no longer results in automatic retention of permanent resident status. The new test requires that H&C considerations be taken into account. Although the reasons for leaving and remaining outside Canada may be considerations, the fact that a minor did not have the intention to abandon Canada or left as a dependent child is not
determinative.
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Old Aug 12th 2010, 6:17 pm
  #6  
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Default Re: Odd?

Originally Posted by The Aviator
Under the former Immigration Act, 1976, if a child under 18 years of age left Canada with their parents and, after becoming an adult, sought to re-enter Canada as a permanent resident, jurisprudence dictated that the person could not have formed the intent to abandon Canada as a child and therefore retained permanent resident status.

New rules
Under IRPA, intent to abandon is no longer the test for retaining permanent resident status. Therefore, the inability to form intent no longer results in automatic retention of permanent resident status. The new test requires that H&C considerations be taken into account. Although the reasons for leaving and remaining outside Canada may be considerations, the fact that a minor did not have the intention to abandon Canada or left as a dependent child is not
determinative.
Ah well, it seems he qualified under the old rules then ... maybe he was just lucky and the official had not got caught up with the new rules? (Wouldn't surprise me at all )
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