PR application for a child born in UK, parents PR holder and family british citizens!

[kashifm]

Hi

I need urgent help in finding options for my son who is born in UK and is British Citizen. Me and my wife are also British Citizen and PR holder. We entered Canada in Sep 2014 and did not returned after. We would like to reenter Canada on our UK Passport but since CIC has started ETA. We would like to get PR card applied for our son and come back and to make final settlement by end of the year.

What options do we have?

Option 1: Should we enter Canada on our British Passports including our son? Can we enter now with our British Passports with ETA and not disclose Canadian PR? Will the officer find out about PR on the entry?

Option 2: Me and my wife enter Canada on our PR and ETA for our son. And apply for Son's PR once there?

Is there any other option we have that can be taken to get PR for our son?


Regards

 

[meyakanor]

To be honest, you are in a very tough situation.

Both of the options you mentioned would not work because PRs cannot apply for ETA, and you won't be able to sponsor your son until you yourself are in compliance with the residency obligation.

Do you have an unexpired PR card?

If not, then your only option would be to fly to the United States, then cross the US-Canadian border by land.

If you still have a valid PR card, then you can fly to Canada directly without having to apply for ETA.

Two possible scenarios at the border or POE:
1. CBSA would file a report to IRCC, and they will start initiating the process of revoking your PR status. You would then be allowed into Canada, but would have to lodge an appeal within a stipulated amount of time (15 days if I'm not mistaken)
2. CBSA would let you in to the country without reporting you. In this case, you have to wait 731 days in Canada without leaving the country for even once. Only after you have accumulated 731 days within the past five years can you start filing for your son (if you apply too soon, they will revoke your PR). Since your son is not a Canadian citizen or PR, he cannot legally live in Canada, so most likely you would have to be separated from your son during the whole time you are waiting to be back in compliance with RO AND during the sponsorship processing times.

 

[kashifm]

To be honest, you are in a very tough situation.

Both of the options you mentioned would not work because PRs cannot apply for ETA, and you won't be able to sponsor your son until you yourself are in compliance with the residency obligation.

Do you have an unexpired PR card?

If not, then your only option would be to fly to the United States, then cross the US-Canadian border by land.

If you still have a valid PR card, then you can fly to Canada directly without having to apply for ETA.

Two possible scenarios at the border or POE:
1. CBSA would file a report to IRCC, and they will start initiating the process of revoking your PR status. You would then be allowed into Canada, but would have to lodge an appeal within a stipulated amount of time (15 days if I'm not mistaken)
2. CBSA would let you into the country without reporting you. In this case, you have to wait 731 days in Canada without leaving the country for even once. Only after you have accumulated 731 days within the past five years can you start filing for your son (if you apply too soon, they will revoke your PR). Since your son is not a Canadian citizen or PR, he cannot legally live in Canada, so most likely you would have to be separated from your son during the whole time you are waiting to be back in compliance with RO AND during the sponsorship processing times.

Thanks for the response. Our PR's are still valid till Sep 2019. If I enter in Vancouver BC with PR and my son with ETA. And if we enter without any reporting, Can I apply for his PR over there? How long does it take and what is the process for his application. Bear in mind he is just 6 month's old.

 

[meyakanor]

Because you currently are in breach of PR residency obligation, you can not sponsor your son until your PR is back in good standing.

The only way to do that would be to enter Canada unreported, then stay for 731 days straight without leaving the country for even once. Once you have the requisite number of days (731 days within the past five years), then you can apply to sponsor your child.

If CBSA reports you, then you would have to appeal their decision, and get positive determination before you can even start the sponsorship process for your child.

This is the only way and there is really no way around it.

If you can get in without getting reported, it will take over 2 years before you can sponsor him, and another year for the sponsorship process to be completed.

And once again, your child is NOT a PR or a citizen of Canada, and he cannot live in Canada legally for over 6 months under visitor entry.

You would have to find a way to live separately from your son while you wait in Canada until your PR status is back to good standing.

 

[vensak]

And one more thing, they are not obliged to let your son in. Also I doubt, that it will happen, but you can end up in the situation where baby will be on one side of the border and you on the other side.

And since your baby is minor, that ETA application itself would trigger unwanted attention to both of you.