Child on TRP while parents not meeting RO

[hmoosa81]

Dear experts
We landed in Toronto under Federal Skilled Worker Program in April 2013 and came back to UAE after spending two weeks.
Since then due to various reasons we were unable to go back. The PR cards expire in June 18. During the interim, we had our second child born in UAE.
Now we plan to move back to Canada (Nova Scotia) for good in April 18. We have also obtained TRP (2 year) for our second child born outside Canada after our Landing.
As we would be in breach of RO which we intend to make good through uninterrupted stay of atleast 2 years, should we apply sponsorship of our second child as PR when we reach or wait for completion of 2 years and renewal of our PRs which may even take longer?
Also, what would be his rights during the period of being at TRP? Will he get the medical, schooling and other benefits ?

 

[Rob_TO]

Dear experts
We landed in Toronto under Federal Skilled Worker Program in April 2013 and came back to UAE after spending two weeks.
Since then due to various reasons we were unable to go back. The PR cards expire in June 18. During the interim, we had our second child born in UAE.
Now we plan to move back to Canada (Nova Scotia) for good in April 18. We have also obtained TRP (2 year) for our second child born outside Canada after our Landing.
As we would be in breach of RO which we intend to make good through uninterrupted stay of atleast 2 years, should we apply sponsorship of our second child as PR when we reach or wait for completion of 2 years and renewal of our PRs which may even take longer?
Also, what would be his rights during the period of being at TRP? Will he get the medical, schooling and other benefits ?

You would not be able to apply to sponsor him for PR, until you've passed 2 years inside Canada to come back into compliance with RO. During these 2 years you can also not leave Canada for any reason.

This is also assuming you don't get reported by CBSA upon entry which will start process to revoke your PR status. If this happens you can choose to appeal but if you don't have valid H&C reasons you could later find your PR status terminated and you moving back to home country instead. You can't sponsor your child if you have an appeal in process (can take 1 - 2 years).

Not sure of any benefits TRP holders are entitled to, I imagine this has a lot to do with the province you're in, and the individual school policies..

 

[hmoosa81]

You would not be able to apply to sponsor him for PR, until you've passed 2 years inside Canada to come back into compliance with RO. During these 2 years you can also not leave Canada for any reason.

Not sure of any benefits TRP holders are entitled to, I imagine this has a lot to do with the province you're in, and the individual school policies..

Thanks Rob. Even I still have a valid PR, although not able to complete RO till its expiry I will not be able to apply for sponsorship or avoid doing this so not to jeopardise my PR status

I am now planning to move to Nova Scotia. Does anyone know about the policies there regarding rights of a child on TRP? I can arrange for his medical insurance however schooling is a major area I am worried about .

 

[nayr69sg]

Oh dear. I hope things work out for you hmoosa81. Good luck.

 

[canuck78]

It is often up to the local school board whether they will admit your child. You will not have medical coverage under trp.

 

[canuck_in_uk]

It is often up to the local school board whether they will admit your child. You will not have medical coverage under trp.

Medical coverage would depend on the province. Many provinces grant coverage to dependents of those who do qualify.

 

[canuck78]

Not sure you got the trp in the first place when you didn't meet the RO. Think you need to worry about whether you will be reported first given you will be in Canada for approximately a month in 5 years. Not to be rude but sounds like you will be given at least a million dollars of health care without spending more than a few weeks in Canada. Think it would be very fair if either the health are or schooling wasn't covered while your second child is on trp.

 

[canuck_in_uk]

Not sure you got the trp in the first place when you didn't meet the RO. Think you need to worry about whether you will be reported first given you will be in Canada for approximately a month in 5 years. Not to be rude but sounds like you will be given at least a million dollars of health care without spending more than a few weeks in Canada. Think it would be very fair if either the health are or schooling wasn't covered while your second child is on trp.

The TRP for the child does not depend on whether the parents meet the RO.

 

[canuck78]

The TRP for the child does not depend on whether the parents meet the RO.

Should have phrased that differently. Thought the TRP application would cause the family's PR application to be looked at which could lead them to be reported.

 

[hmoosa81]

During the past period, we had some medical problems in the family due to which we were unable to come to Canada. When I applied for TRP I provided that information which would have been considered by the immigration officer and accordingly the TRP was issued.
Yes the officer at port of entry may report us but that is a risk that we have to take and justify our position. If we are able to convince the officer at port of entry, should we try to apply for sponsorship of our second child? I heard that such application can also be initiated at the airport immigration office which in our case would be Halifax nova Scotia. Or should be instead just wait for 2 years?

 

[canuck78]

During the past period, we had some medical problems in the family due to which we were unable to come to Canada. When I applied for TRP I provided that information which would have been considered by the immigration officer and accordingly the TRP was issued.
Yes the officer at port of entry may report us but that is a risk that we have to take and justify our position. If we are able to convince the officer at port of entry, should we try to apply for sponsorship of our second child? I heard that such application can also be initiated at the airport immigration office which in our case would be Halifax nova Scotia. Or should be instead just wait for 2 years?

No you HAVE to wait 2 years. I you apply before 2 years the rest of the family could lose their PR.

 

[canuck78]

No you HAVE to wait 2 years. I you apply before 2 years the rest of the family could lose their PR.

Reading through your profile the embassy officer allowed you to get the trp due to your circumstances. You will be allowed to come in to Canada whether you are reported or not. Unfortunately I don’t see reasons why you couldn’t have relocated to Canada much earlier. Your mother was ill but you didn’t relocate and remained working in the UAE while she was in Bangladesh. Your wife and child may have needed a bit of medical care at birth but you could have had the child in Canada. It seems unlikely that you would have moved to Canada had your son not gotten sick in November when you had already not met you RO. There is always the possibility of filing an H&C but you really need a lawyer because this may be a long process. Who knows you may get lucky and not get reported. Best of luck!

 

[canuck78]

One last suggestion: when you get to NS either you and your wife should find a job with extended health benefits as soon as possible. You have no experience with the Canadian health care system so you don't realize many things are not covered. Most in-patient things are covered but without extra insurance you may share a room with up to 4 people. You often have to pay for semi-private or private rooms. All depends on availibility and what types of rooms the hospital has. Things like ambulance rides are not covered, wheelchair rentals, etc. I could go on and on. Medication outside the hospital is not free and either has to be paid out of pocket, by extended health care benefits from work (usually 80% or more up to a cap), full or partial coverage for people receiving welfare but all medications are not covered, some provinces have an income to drug cost system where you only pay a up to 5% of your income on medications then the government helps you (not sure if exists in all provinces and usually not all medications are covered). Many Canadians and immigrants have a false expectations that that everything is covered and that they will get as much help as they need. unfortunately not the case.

 

[canuck78]

Also Children's hospitals either have a cut-off of 16 or 18 years old. NS used to be 16 but may have changed since it has been quite a few yeaes since I had to go to a children's hospital in NS.