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Hi, I have a question about changing immigration

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ejd01 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ejd01 Quote  Post ReplyReply Direct Link To This Post Topic: Hi, I have a question about changing immigration
    Posted: 01 Apr 2012 at 11:22pm
Hi, my father is a principal applicant and we landed on 2006 December as EN2 (Enterpreneur class).

I recently renewed my PR card but I know that it still has condtion to be eliminated.

My question is,

1. how can I apply for sepearte immigration? Can I become Independent Class Immigrant afterall? Is it possible to become seperate applicant from my father and change my category?

2. If I can change it, do I have to cancel my application and then "re-apply" it? or can I just "change it" keeping my status as PR?


I will be graduating from university so that I can work in an industry for more than 1 year. Thanks.


3. BTW, this is not related to this question but I heard that Ontario no longer receives Enterprenuer class immigrant as of July 2011. Is it true? How does that affect previous immigrants like me?? Is it going to make elimination of condition hard or easy?

Thanks.

Edited by ejd01 - 01 Apr 2012 at 11:55pm
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 02 Apr 2012 at 6:09pm
Your question seems confusing.  If you landed in December 2006 and just renewed your PR card, how much time did you spend out of country between December 2006 and December 2012?  I'm assuming it must have been more than one year, but less than three - otherwise, you would have qualified for citizenship (and can just file for citizenship, rather than renewing your permanent resident card.)

Regardless, any conditions applied to your FATHER'S permanent residency don't apply to you in any case.  So you don't need to "apply in a separate category" - you just need to be in Canada at least 2 years in 5 years (40% of the time) to keep permanent residency.  If you are in Canada 3 years in 4 years (75% of the time) then you would generally qualify for citizenship.    With citizenship, you gain additional rights (indefinite right of return, right to vote and hold elected office, etc.)

Your permanent residency is now independent of your father's.  Even if your father gave up his permanent residency, YOU have the right to remain indefinitely (as long as you meet the PR obligation.)

I'm married to a Canadian citizen who went through this process.  Parents and kids moved to Canada as permanent residents.  Parents didn't meet permanent residency obligations but all the kids did and obtained citizenship (and I married one of them.)

The limitations on new applications will not impact someone like you previously admitted - this is only for NEW applicants.

FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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ejd01 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ejd01 Quote  Post ReplyReply Direct Link To This Post Posted: 03 Apr 2012 at 12:12am
I came to Canada in 2002 basically when I was 14. I was an international student up until 2006.
Enterpreneur class is actually conditional PR unlike other classes.
 
I am a bit worried that my PR will be lost due to my father's loss of PR in any future and that's why I am asking about creating my new seperate PR.  It is more likely that the decision about revoking my PR or not would have been made much eariler according to the rule (you have to clear the condition within 3 years after application) but my case is a bit odd as I could renew my PR card even after 5 years even if my father failed to meet residency obligation and business requirement.
 
I did not get any warning notice such as admissible hearing and etc so maybe immigration officer let me have PR card anyways according to H&C. Maybe there was a change in rule perhaps??
 
I am graduating from university this year and getting a job soon so this decision is pretty important for my life.
 
Originally posted by computergeek computergeek wrote:

Your question seems confusing.  If you landed in December 2006 and just renewed your PR card, how much time did you spend out of country between December 2006 and December 2012?  I'm assuming it must have been more than one year, but less than three - otherwise, you would have qualified for citizenship (and can just file for citizenship, rather than renewing your permanent resident card.)

Regardless, any conditions applied to your FATHER'S permanent residency don't apply to you in any case.  So you don't need to "apply in a separate category" - you just need to be in Canada at least 2 years in 5 years (40% of the time) to keep permanent residency.  If you are in Canada 3 years in 4 years (75% of the time) then you would generally qualify for citizenship.    With citizenship, you gain additional rights (indefinite right of return, right to vote and hold elected office, etc.)

Your permanent residency is now independent of your father's.  Even if your father gave up his permanent residency, YOU have the right to remain indefinitely (as long as you meet the PR obligation.)

I'm married to a Canadian citizen who went through this process.  Parents and kids moved to Canada as permanent residents.  Parents didn't meet permanent residency obligations but all the kids did and obtained citizenship (and I married one of them.)

The limitations on new applications will not impact someone like you previously admitted - this is only for NEW applicants.

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Vivi D. View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivi D. Quote  Post ReplyReply Direct Link To This Post Posted: 13 Jan 2014 at 5:29pm
hi i have the same question... my dad and the whole family are in EN2 visa category. we've been staying in Canada for 3
years now. are we allowed for citizenship already?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 20 Mar 2014 at 2:44pm
Hi


Originally posted by Vivi D. Vivi D. wrote:

hi i have the same question... my dad and the whole family are in EN2 visa category. we've been staying in Canada for 3
years now. are we allowed for citizenship already?


If your father had conditions on his PR (usual with EN) then those conditions have to have been removed before Citizenship will entertain a citizenship application.
PMM
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