Sponsor child without meeting PR residency obligation

[davidandgoliath]

hello there!

Is it possible to sponsor one's dependent children who are below 16 years of age and who are in Canada on a visit visa . I am a PR living in Canada but without a PR card as I am waiting to complete 2 years in order to fulfill residency obligation before I apply to renew my expired PR card.

Thanks in advance !

 

[armoured]

hello there!

Is it possible to sponsor one's dependent children who are below 16 years of age and who are in Canada on a visit visa . I am a PR living in Canada but without a PR card as I am waiting to complete 2 years in order to fulfill residency obligation before I apply to renew my expired PR card.

Thanks in advance !

How much longer do you have yet to meet the residency obligation?

 

[davidandgoliath]

Nearly 2 more years. Thank you in advance.

 

[frange]

hello there!

Is it possible to sponsor one's dependent children who are below 16 years of age and who are in Canada on a visit visa . I am a PR living in Canada but without a PR card as I am waiting to complete 2 years in order to fulfill residency obligation before I apply to renew my expired PR card.

Thanks in advance !

When did you become PR? Were you living outside of Canada for a long period of time?
As long as you are PR and about to meet your RO, you can sponsor your family if you meet all other criterias.

 

[Naturgrl]

When did you become PR? Were you living outside of Canada for a long period of time?
As long as you are PR and about to meet your RO, you can sponsor your family if you meet all other criterias.

OP says will meet RO in two years.

 

[armoured]

Nearly 2 more years. Thank you in advance.

Two years - meaning you have only recently returned to Canada? How did you return, wiht a PRTD? With what visa code on the prtd?

You may wish to post in the residency obligation forum here. Below is as best I know, do not claim perfect knowledge. If you want professional advice, pay for it.

Short form: IMO it probably is a bad idea to do so while very much out of compliance. It could lead to getting declared inadmissible - risk may not be high but still there. Or it could simply be held by IRCC for some time with no movement, i.e. until back in compliance. There may therefore be no gain over just waiting.

As I understand the situation:
1) if you submit while you are not in compliance, IRCC can - in theory - start to evaluate your status and potentially open a report on this and begin the process of revoking your status. (Subject to appeal etc). There are different claims about how likely this is.

2) But it is clear that being out of compliance means you are - technically - 'inadmissible' and those who are inadmissible cannot sponsor.

3) However, to be outright inadmissible, they have to go through the process (see 1 above). It's not clear they always decide to do so, as it requires work and then there would be appeals, etc. In short, IRCC could decide it is not worth the effort to pursue, and instead let the PR 'decide' by either getting back in compliance by remaining in Canada (or risking it again by leaving.) Call this 'letting the file age.'

4) If they proceed as in 3 - 'letting the file age' - they may (probably will) just leave the application to sponsor the child 'on hold.' That is, basically do nothing with it until back in compliance. (Side note: process to start the processing when back in compliance is not clear; it may just sit in a pile until someone gets to it.)

5) Of course, there is the possibility they'll just go ahead and process it and not pay attention to or miss the out-of-compliance status, or decide to 'look' at compliance during processing after the sponsor is back in compliance. This might be more or even quite likely if the PR is close to being in compliance - imagine sends it to IRCC with only a few weeks remaining before being in compliance. Perhaps they are more forgiving on this with regards to minor children than eg sponsoring a spouse - don't know.

So - this is as best as I can summarize what I've heard. Cannot attest that this is fully accurate, nor that it will not change. 'Enforcement' is not always consistent at IRCC.

Final wrinkle/comment: this is assuming that the PR has not had some type of H&C adjudication already, e.g. was granted a PRTD to return to Canada wiht the appropriate code (which I forget offhand - RC-1 I think?).

Happy to hear if others have different experience or more/better/more correct detail or input.

 

[YVR123]

hello there!

Is it possible to sponsor one's dependent children who are below 16 years of age and who are in Canada on a visit visa . I am a PR living in Canada but without a PR card as I am waiting to complete 2 years in order to fulfill residency obligation before I apply to renew my expired PR card.

Thanks in advance !

Were the children born after you landed as a PR? If not, were they (or one of them born before you landed and were included in the initial application).

Update:
Saw your other post that you got your PR in 2007 and they were 10 and 6 in 2019 (so 13 and 9 now). So they were born after you landed as PR.

Looks like you need to get them covered by private health insurance. Not sure about going to school when they only have visitor status. Likely need to apply for study permit (But not sure).

 

[canuck78]

You are putting your status at risk by applying to sponsor your children. If you managed to enter Canada without being reported after 10+ years outside Canada you got lucky but you should avoid any interaction with immigration until you meet your RO. Depending on where you live your children may have difficulty enrolling in school as visitors. Depends on the policy of the school district. Some accept any children where as some places like the greater Vancouver region is pretty strict about proof that children are entitled to free schooling. Assume that is due to problems with visitors trying to enrol their children into free public school in the past. Your whole family will likely have to take out private health insurance for 2+ years. Most provinces require a valid PR card to get a new health card. Unfortunately there are severe drawbacks of moving to Canada after you”ve had children and haven’t met your RO. Was there an H&C reason for not meeting your RO?

 

[armoured]

If you managed to enter Canada without being reported after 10+ years outside Canada you got lucky but you should avoid any interaction with immigration until you meet your RO.
...
Was there an H&C reason for not meeting your RO?

I agree that all of the above such as schooling and health insurance are serious concerns.

But the entire situation might be quite different if the PR was issued a PRTD for H&C reasons.

 

[davidandgoliath]

Thank you all for your responses. It is deeply appreciated and I am very grateful for your time and effort put in to respond to my query.

i have a follow up question to member Armoured regarding the point made about being the situation may be different if admitted to Canada on H and C grounds. Does this mean that since IRCC is aware of my RO non compliance , I may proceed to submit a sponsorship application for my 2 children without having to wait for 2 years to be compliant with the PR residency requirement?

Thank you again in advance.

 

[canuck78]

Thank you all for your responses. It is deeply appreciated and I am very grateful for your time and effort put in to respond to my query.

i have a follow up question to member Armoured regarding the point made about being the situation may be different if admitted to Canada on H and C grounds. Does this mean that since IRCC is aware of my RO non compliance , I may proceed to submit a sponsorship application for my 2 children without having to wait for 2 years to be compliant with the PR residency requirement?

Thank you again in advance.

Did you enter Canada with a PRTD granted based on H&C?

 

[YVR123]

Just want to repeat what others have asked.
Did you entered with PRTD on H&C ground or did you enter via US land border and was not reported.
Those are very different scenarios.

 

[davidandgoliath]

Hello all, apologies for not being clearer in stating my situation and for not providing more background info about my case. This is my situation:

I am not yet in Canada and plan to enter via the US Canada Land border crossing with my verification of sttaus document and Hong Kong passport with my kids who are also Hong Kong passport holders (A HK passport holder is entitled to visa free access to Canada for a period of 6 months I think ).

I plan to make a case under h and c grounds explaining the reason I was out of Canada to look after sick parents in law who have both now expired and hence we aim to return to Canada at the next possible opportunity.

As stated my kids , do not hold PR status and hence my question as whether it would be possible to sponsor them if and when I am allowed to return to Canada under H and C grounds without having to wait for 2 years to comply with PR RO.

To add a bit of complexity to our case my elder son has been diagnosed with ADHD and hence I believe that I will need to take out private medical insurance to see if I can have some of his medication covered by insurance although I am not sure if this would be possible given that this is a pre existing condition. I am not even sure if his medication will be covered by OHIP if and when he becomes a PR and I start working and paying all taxes expected of me.

In summary , I would like to know what are my options to sponsor my 2 kids ages 13 and 7 as a do my homework thoroughly before planning a return to Canada from Hong Kong which is our home base.

Thanks again in advance!

 

[YVR123]

Hello all, apologies for not being clearer in stating my situation and for not providing more background info about my case. This is my situation:

I am not yet in Canada and plan to enter via the US Canada Land border crossing with my verification of sttaus document and Hong Kong passport with my kids who are also Hong Kong passport holders (A HK passport holder is entitled to visa free access to Canada for a period of 6 months I think ).

I plan to make a case under h and c grounds explaining the reason I was out of Canada to look after sick parents in law who have both now expired and hence we aim to return to Canada at the next possible opportunity.

As stated my kids , do not hold PR status and hence my question as whether it would be possible to sponsor them if and when I am allowed to return to Canada under H and C grounds without having to wait for 2 years to comply with PR RO.

To add a bit of complexity to our case my elder son has been diagnosed with ADHD and hence I believe that I will need to take out private medical insurance to see if I can have some of his medication covered by insurance although I am not sure if this would be possible given that this is a pre existing condition. I am not even sure if his medication will be covered by OHIP if and when he becomes a PR and I start working and paying all taxes expected of me.

In summary , I would like to know what are my options to sponsor my 2 kids ages 13 and 7 as a do my homework thoroughly before planning a return to Canada from Hong Kong which is our home base.

Thanks again in advance!

You are ahead of yourself. Since you may still be reported for not meeting OR when you enter with your H&C supporting proof.

Also you will need eTA with Hong Kong SAR passport. And no one is "entitled to visa free acdess for 6 months. It's up to CBSA to allow entry and how long will be the stay.
Also HKSAR citizens need a B1/B2 visa to travel to the US, so I assume all of you have B1/B2 visa already to go through US.

Not sure about ADHD prescription under OHIP but in general medication is not covered by provincial health. Some extended health by employer will cover portion of medication. And do not think any private insurnace will cover pre-exsiting medical conditions.

How many years have you been living outside of Canada? Your initial post was a bit misleading since I thought you are already living in Canada.

Update: Just saw your previous post that you landed in 2007 and short visits in 2009. I don't know if you will be able to enter without being reported as you were not living in Canada for more than 10 years. Caring for aging parents/inlaws for 10 years is a bit long and hard to proof.
Although we saw once in a while case that CBSA didn't report cases like this... but I really do not know your chance.

One option is to renouncing PR and reapply (depending on your age, education...etc) but with your kid's medical condition, it maybe a bit tricky.

 

[davidandgoliath]

Thank you for the response and you are right in saying that I may be ahead of my self and I wanted to weigh all my sponsorship options for my kids as this would have a bearing on my decision to return to Canada.

I have been living outside Canada since 2009 and we all do have B1/B2 US visas. I believe an eTA for Canada is not required for land border crossing.