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Residency requirements, Government in Canada, Bringing child born overseas...
Not completed 730 Days - Wants to Return Back
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rifat Posts: 1
Posted On: 7/20/2014
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Dear Sir/Madam
My name is Ariola and I come from Albania.
I'm 18 years now and I want to know if I can continue my University studies in Canada as a Permanent Resident.
I have the Permanent Residency status from 2011, which is valid till June 2016 but for family reasons I have not completed 730 as it is said for losing the residency.
As I was a minor 16 years old when I left Canada, I want to return back for studies and living in Canada.
Below I'm attaching the note referring to the Loss of Permanent Status for my case, but I want to have your say before I travel to Canada.
who left in order to accompany parents
"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.
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.
Thank you in advance for your time
Ariola
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Moderator Moderator Posts: 4142
Posted On: 7/24/2014
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Hello Ariola,
Thank you for sharing your situation and question with us.
We suggest that it is best if you contact a lawyer who is familiar with immigration issues for some assistance.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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