Minors who abandoned Canadian residence- What can be done?
Many immigrants who came to Canada and failed to fulfill their residency requirements as Permanent Residents of the country, had to leave their status. Now, these people may not be eligible to come to Canada on Permanent Residency status due to change in laws, family status, health, etc. However, minor children of these individuals who accompanied their parents at that time and are now adults may be able to get back their residency status.
As per the former Immigration Act, 1976, if a child below eighteen years of age who left Canada with his or her parents, wishes to reenter Canada as permanent resident after becoming an adult, then it would be assumed that the concerned person could not have left Canada with his intent as he or she was just a child then and therefore, would get back permanent residence.
However, intent to leave is no more the only testing part to get back the permanent resident status under the Immigration and Refugee Protection Act. The new rules also take into account the Humanitarian and Compassionate (H&C) considerations.
There is also no hard and fast rule to determine the outcome of all cases and H&C factors are reviewed on the basis of individual cases. Permanent residents can make their submissions based on any side of their personal situations which they might think would help them retain their permanent resident status.
Officials then examine the circumstances and events in the period of past five years that resulted in breach of permanent residence obligations. Officers also consider child’s best interests and the amount of suffering that denying permanent resident status might cause.