Hi,

I have received my permanent residency and will reach Canada next month and I am not too sure if I will be able to meet my Permanent Residency stay obligations.

My question is if I lose my residency status ,then will my son who is aged 1.5 years now be able to reclain it once he attains the age of 18 Years?

Thanks in advance for anyone who can help.

Nope

If your son does not keep his PR status right now, he can never claim it back

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We will find a way or we will make one

Thanks for the Info smiley, I think I put the question wrongly, what I meant was that I am scheduled to arrive on 23rd October 2005 and would claim my PR Card and fulfill other obligations. However, I am not too sure if I would be able to maintain required 2 Years stay clause to maintian my PR status at the end of 5 Year period.

Now my question is wether my son who will get the PR now along with me can reclaim the same once he attains the age of 18 Year because he obviously can not stay without his parents and might have stayed back if he had a choice.

Thanks for help in advance.

Candyfloss

I copy the relevant portion of CIC site below.

\"You must accumulate two years of physical presence in Canada in every five-year period. You can also count Canadian residency days if you are outside Canada for an extended period of time for one of the following reasons:

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.
Please note that you are complying with your residency obligations only if:

your accompanying permanent-resident spouse, common-law partner or parent is complying with their residency obligations; and
you ordinarily reside with your accompanying Canadian-citizen or permanent-resident spouse, common-law partner or parent.
A child is someone under the age of 22 who has never been married or in a common-law relationship.\"

Please look at the link below for more details:

http://www.cic.gc.ca/english/newcomer/res-oblig.html


-Erra

Your son can attempt to reclaim his PR status but will be determined to have lost it and if he appeals, the Court will most probably not be convinced that he should get his PR back, especially if the child's stay in Canada was very short.

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Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607

Thanks guys for your help. I was out of town , hence could not reply earlier.