Canada - Government Information/Losing PR

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Question
Hello

My wife and I are legally immigrants to Canada since May 2011, we stayed there only 4 months and we got our PR cards ,, during our stay in Canada , my wife gave birth to our baby who got the Canadian citizenship,,

Now we are outside Canada and are going to work in Australia

My Question is : I know that I have to stay 2 years out of five years to be able to renew our PR cards , We spent 4 months and our PR cards are valid till May 2016 ,, if I want to go back to Canada for example in January 2016 -- my total stay in Canada will be 8 months by that time when I need to renew my PR cards ,, what will happen ,, will we be obligated to leave Canada ,, what about my baby  he will be by that time 4 years, He is Canadian and has the right to stay in Canada . Will I get any right to stay in Canada because of my baby's Canadian citizenship ?? will i be permitted to renew my PR cards??

Answer
Hello Samuel;

Thank you for your question.

Since you have 5 years to accumulate 730 days (2 years) of residency in Canada, they will be lenient for the initial 2 years. Every time you enter Canada after that period, expect higher level of scrutiny for your accumulated days. If & when they see that there's no scope for you to accumulate the required days, they will write you up as inadmissible. They may or may not let you enter Canada after that.

Your baby, being a Canadian citizen cannot be stopped from coming into Canada, but will only be allowed if there are arrangements for her care in Canada.

Hope this is useful.

Thank you and Kind Regards

Canada - Government Information

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Deepak Kohli

Expertise

I am a Regulated Canadian Immigration Consultant (RCIC), practicing in Ontario for last 9 years. As a member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC) since its inception, I am committed to uphold the principles of integrity, knowledge and consumer protection. Our advice is based on sound legal provisions and practices, so that the client receives the best value for money. Our advice and assistance covers issues such as (a) permanent residence in Canada, (b) temporary residence (c) maintaining residency (d) reuniting family (e) Canadian citizenship (f) Immigration appeals, and more. We assist people from across the world in all Canadian Immigration matters (economic programs), including Federal Skilled Worker Program, Business Immigration, Work permits, Study permits, Family Class sponsorships, Appeals to the Immigration Appeals Division of IRB, etc. The intention of participating in this forum is to share my knowledge and views on Canadian immigration matters for general scenarios. The answers however, should not be considered as a legal advice, as that involves detailed information of various aspects of the immigrants' profile. People should contact me directly, should they wish to use to obtain a specific legal advice.

Experience

Since 2002, I have been working in the field of Canadian Immigration consulting. Prior to going into own practice in late 2003, I worked for an Immigration Consulting organisation in Toronto. My practice covers various areas of economic and family class immigration into Canada. Like I say to my prospective clients, just as there are thousands of ways to find god, there are a no. (over 50) ways to gain immigration to Canada. The trick is to find out the most suitable one for each client. Nevertheless, there are some programs that are more popular. We advise clients on these as well as find innovative immigration solutions for others. I have been an active volunteer with the Canadian Association of Professional Immigration Consultants (CAPIC), since its inception in 2005. After serving the Ontario Chapter for 5 years in Communications Committee, I joined the National Board in 2010. I served as the Director - Membership on the national Board of Directors of CAPIC for a year. I recently retired from the Board of Directors of the Immigration Consultants of Canada Regulatory Council (ICCRC), the regulatory body for Canadian Immigration Consultants, after serving for 1 year.

Organizations
Immigration Consultants of Canada Regulatory Council (ICCRC), Canadian Association of Professional Immigration Consultants (CAPIC)

Education/Credentials
Immigration Practitioner Program (with High Honours) - 2003 - Seneca College of Applied Arts and Technology, Toronto, Ontario, CANADA; MBA - 1992 - M.S.University of Baroda, Baroda (India

Awards and Honors
I have received various awards from the Immigration consultancy professional organizations, during my tenure.

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