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Hi Mrs Ffolkes-Abrahams,

My daughter, who turns 15 in December this year, was issued a Canadian immigrant visa in July 2008. She has since received her permanent resident card (PRC) which expires in September 2013.

Since July 2008, she has been travelling to Canada every summer, spending about 10 weeks at each trip. In April of this year, her father got notification they have received her application for citizenship which should take between 12-15 months to be finalised. She will be going up this summer, but her father plans to keep her there until she has received her citizenship. Now this will disrupt her school life greatly as she should be going into fifth form this September. I need to know if there are any other options available to her or is it a fact she will have to be physically in Canada to receive her citizenship.

For someone to become a Canadian citizen, they must meet certain requirements.

You must be 18 years or older in order to be eligible to apply. However, a parent, adoptive parent or legal guardian may apply for a child under 18. The child must be a permanent resident, but is exempt from the requirement of living in Canada for three years out of four immediately preceding the application for citizenship. The parent who is applying for the child must also apply for the child to become a citizen at the same time. Fortunately, your child seems to fulfil all of these requirements. This is the best time for her to become a citizen, otherwise when she becomes 18, she will have to apply on her own and fulfil the residency requirements. At this time, because she is a minor, her status is dependent upon her father's eligibility to become a Canadian citizen.

You are eligible for a PRC card if you received permanent resident status before June 28, 2002. Since 2002 all new permanent residents receive a PRC automatically.

The question for you, however, is whether your child should stay in Canada after this summer until she receives her citizenship. If she remains in Canada, she will surely not have a problem with becoming a citizen. If she goes back to Jamaica to finish her education, she has to be mindful of the requirements of permanent residency in Canada.

additional requirement

Section 5 (1)(c) of Canada's Citizenship Act also provides for the additional requirement that must be fulfilled for citizenship that since admission as a permanent resident, such person has not ceased to be a permanent resident subject to the Immigration Act. If over a five year period, your daughter has not been physically present in Canada for at least 730 days, she may not be allowed to remain as a permanent resident and her PRC could be revoked.

The exceptions are if she was accompanying a parent who is a citizen or a permanent resident of Canada who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province outside of Canada, then she would not have to remain in Canada for the required time. However, it appears she is staying with you and you have not indicated whether or not you have Canadian status. Fortuitously, her application for citizenship should be completed prior to five years.

Your daughter received her PRC in 2008. She will complete fifth form in 2011. That will be three years since receiving her PRC. In my opinion, your daughter may complete her fifth form in Jamaica, but after that, I would recommend she stay in Canada until she receives her citizenship papers.

Sharon Ffolkes-Abrahams is a barrister/solicitor of bars in Jamaica and Ontario, Canada. She is president of the Jamaican Diaspora Canada Foundation and former counsel at the Ontario Human Rights Commission. Email: info4immigration@gmail.com or editor@gleanerjm.com.