本文发表在 rolia.net 枫下论坛staying in canada trying to satisfy the 2/5 year rule, and although plans to join the daughter later of the year, i still think the daughter will not be benefited by being accompanying her PR parent because her parent is not working for a canadian company while aboard, unless her parent do so. Also, since 楼主 does not have intention of applying for citizenship which helps daughter to acquire citizenship as well, so looks like the daughter does not have much options except to return to canada either now or months before end of the 5 year period. And so this is a strict application of A28(2)(a) and (b) of the immgration Act.
A28(2)(c) of the Act specified that if sufficient humanitarian and compassionate grounds exist, it will overcome any breach of residency obligation requirements. my previous discussions are based on my view on A28(2)(c), this section to my understanding, is very much bias towards the best for the child. (the best interest of the child is normally to live with the parent, but is NOT necessarily live together in Canada!) So if the parent maintains PR status, and wants settle in Canada, logically, the child depends on and follows the parent.
Just remember, you will not automatically loss your PR status even you have been away for extended period of time, although CIC can finds you inadmissible at the border and told you that you are losing your PR status, but that is not final, only the court has the final say.
So good luck.....更多精彩文章及讨论,请光临枫下论坛 rolia.net
A28(2)(c) of the Act specified that if sufficient humanitarian and compassionate grounds exist, it will overcome any breach of residency obligation requirements. my previous discussions are based on my view on A28(2)(c), this section to my understanding, is very much bias towards the best for the child. (the best interest of the child is normally to live with the parent, but is NOT necessarily live together in Canada!) So if the parent maintains PR status, and wants settle in Canada, logically, the child depends on and follows the parent.
Just remember, you will not automatically loss your PR status even you have been away for extended period of time, although CIC can finds you inadmissible at the border and told you that you are losing your PR status, but that is not final, only the court has the final say.
So good luck.....更多精彩文章及讨论,请光临枫下论坛 rolia.net