Can a parent renounce citizenship on behalf of their under age child? This is an interesting legal issue. It appears from early case law from the federal court in the early 1970’s that a parent cannot actually renounce citizenship for their minor child. The novel issue is that each person is granted their status separately and distinctly from one another. Once they have that status, then each person must make the conscious decision to renounce their own citizenship free from one another.
In the Matter of Troy Anthony D’Souza v. Manpower and Immigration, the IAD granted the appeal from a decision of an adjudicator stating that PR status conferred onto each person separately and distinctly even if the child was a lawful dependent of the principal applicant, the parent in this case. So, the child was able to retain his pr status while his father and other family members left Canada for a job offer the father got in the Middle East. The ratio of this case seems apt to citizenship.
Can two people be in a common law relationship even if they are not together for brief periods of time? The answer is “YES”, and “IT DEPENDS”. The parties are supposed to be living together as common law partners for at least 12 months continuously without interruption. Once that period is firmly established by way of shared lives through bank accounts, living arrangements etc. then if one of the parties needs to care for an ill relative or something very urgent like that, and they need to leave their partner for a brief period of time, then it is fair to say the Courts will still treat the couple as common law. But, once again, the facts need to be probed very carefully to ensure there are the usual continued indicia of CL status such as daily and continuous communication and like factors.
How can an international student meet the minimum pass mark currently with the MB PNP program for selection to achieve PR status when they chose to pursue their higher education in another province like Ontario before moving to MB? This factual scenario is played out in many foreign student situations currently. Unfortunately, the students are persuaded by education consultants in their home country such as Nigeria and India to pursue schools in Ontario as the primary target. The consultants are paid for their efforts thru percentages from the tuition. In almost all cases, the students were never given options of pursuing schools in MB or, more importantly, what the requirements are to pursue and obtain PR status following graduation. As a result, the typical student who travels to Ontario for their college education, graduates and then qualifies for a post graduate work permit wherein the commence working in Ontario until someone alerts them to the fact that the federal EXPRESS ENTRY system involves too high of a pass mark for qualification. They now become desperate and hear about the MB PNP program that is more facilitative and flexible with criteria. However, the one draw back for them is they lose 100 pts for having studied in another Province AND they lose another 100 pts for having worked in another Province. All in all, they have now lost 200 precious points.
Due to the MB PNP having a backlog in recent months due to the transition to the new NOC TEER system of configuring occupation titles, the current pass mark sits high at over 750 pts. Most of the students described above only have 580 to 650 pts. Well short of the mark.
It is hoped that over time, the pts pass mark will drop considerably making it once again possible for these students to qualify.
How can the provincial government assist? The provincial government could make an announcement where for a brief period of time, those applicants stuck in this factual quagmire can apply and be given a one time lower pass mark grade to be selected for pr processing. They are qualified hard working and tax paying people. It does not make any sense to leave them hang and dry. They for sure will become ambassadors for their fellow countrymen and put a stop to the questionable ethics of some consultants who clearly steer students in one direction for selfish economic gain to the chagrin of the students best interests.
David H. Davis is the founder and owner of Davis Immigration Law Office. He and his team can be reached by email at: david@daviddavislaw.com on the web at www.daviddavislaw.com or by phone at 204-956-2336 extension 208. David has over 33 years of legal experience in Canadian immigration legal matters.