Possible ways to allow non PR dependant child for permenant resident parents to enter Canada

[agohary]

Hi,

We are a family of 4 members, me, my wife, 7-years old daughter and 3-years old daughter. Me, my wife and my elder daughter all have valid PRs. Unfortunately, My 3 years old daughter was born in Egypt and doesn’t hold a PR yet. Currently I’m working in UAE and, we are planning to move to Canada permanently but we don’t know how to get PR for our small daughter in order to be able to move there at the same time. So I want to ask about the following:

1. Is it possible to apply for eTA (electronic travel authorization) to my daughter and then once I get it and we move to Canada I apply for PR or sponsorship while we are all inside Canada?

2. If yes, what is the potential process time for eTA?

3. If no, what is the other fastest option so that we can travel together or minimize the time gap between my mobilization to Canada and the mobilization of the rest of my family members.

Please advise about the possible options for our case.

Best regards,

 

[scylla]

Hi,

We are a family of 4 members, me, my wife, 7-years old daughter and 3-years old daughter. Me, my wife and my elder daughter all have valid PRs. Unfortunately, My 3 years old daughter was born in Egypt and doesn’t hold a PR yet. Currently I’m working in UAE and, we are planning to move to Canada permanently but we don’t know how to get PR for our small daughter in order to be able to move there at the same time. So I want to ask about the following:

1. Is it possible to apply for eTA (electronic travel authorization) to my daughter and then once I get it and we move to Canada I apply for PR or sponsorship while we are all inside Canada?

2. If yes, what is the potential process time for eTA?

3. If no, what is the other fastest option so that we can travel together or minimize the time gap between my mobilization to Canada and the mobilization of the rest of my family members.

Please advise about the possible options for our case.

Best regards,

1. She would need to obtain a TRV. She does not qualify for an eTA. Yes - if the TRV is approved then you can apply to sponsor her for PR once you are all in Canada.
2. Processing time for a TRV can be anywhere from a few days to several months. Chances of approval are around 50%. If the TRV is refused, you can try applying for a TRP after that.
3. If both the TRV and TRP are refused, then either yourself or your wife will have to travel to Canada ahead of the rest of the family to sponsor your youngest daughter for PR. That parent will need to remain in Canada while the application is processed. Processing should take around six months. Note that you must meet the PR residency obligation at the time you apply to sponsor your daughter.

 

[agohary]

Thanks for the prompt reply.
Can you please advise further about the PR residency obligation?

 

[scylla]

Thanks for the prompt reply.
Can you please advise further about the PR residency obligation?

You haven't indicated when you obtained PR (what month and year) and how much time you've spent in Canada since then. To maintain your PR status, you must live in Canada for 2 out of every 5 rolling years. You must also meet this residency requirement in order to sponsor your daughter for PR. If you do not meet the residency obligation and try to sponsor her, then her application will be refused and IRCC will start proceedings to revoke your PR status.

 

[agohary]

Another question please:
If TRV or TRP is issued, what is the validity period of each and what is the allowed time from issuance date to date of entering Canada?

 

[scylla]

Another question please:
If TRV or TRP is issued, what is the validity period of each and what is the allowed time from issuance date to date of entering Canada?

It varies. Usually 6 months.

 

[agohary]

I still have 23 months validity in my PR and I didn't stay in Canada much around 2 weeks at landing time. Do you mean that if I apply now for sponsorship it can be rejected because I didn't stay in Canada for 2 years. How can I originally go and stay while I can't take my daughter over there. Can you please explain further?

 

[agohary]

It varies. Usually 6 months.

6 months allowed to enter Canada?
and 6 months validity of visa?

 

[scylla]

6 months allowed to enter Canada?
and 6 months validity of visa?

It's the same thing. The validity of the visa is how long the child will have to enter Canada.

 

[agohary]

You haven't indicated when you obtained PR (what month and year) and how much time you've spent in Canada since then. To maintain your PR status, you must live in Canada for 2 out of every 5 rolling years. You must also meet this residency requirement in order to sponsor your daughter for PR. If you do not meet the residency obligation and try to sponsor her, then her application will be refused and IRCC will start proceedings to revoke your PR status.

I still have 23 months validity in my PR and I didn't stay in Canada much around 2 weeks at landing time. Do you mean that if I apply now for sponsorship it can be rejected because I didn't stay in Canada for 2 years. How can I originally go and stay while I can't take my daughter over there. Can you please explain further?

 

[zardoz]

I still have 23 months validity in my PR and I didn't stay in Canada much around 2 weeks at landing time. Do you mean that if I apply now for sponsorship it can be rejected because I didn't stay in Canada for 2 years. How can I originally go and stay while I can't take my daughter over there. Can you please explain further?

Since the day that you "landed" in Canada as a Permanent Resident, if you have been outside Canada for more than 1095 days (assuming you are still within the first 5 years period), you are in violation of the Residency Obligations. Your PR card start and expiry date are not relevant.

 

[agohary]

Since the day that you "landed" in Canada as a Permanent Resident, if you have been outside Canada for more than 1095 days (assuming you are still within the first 5 years period), you are in violation of the Residency Obligations. Your PR card start and expiry date are not relevant.

So in case I'm travelling now to Canada with my current PR, what will be the case? Can I enter Canada or not? and will I be able to sponsor my child if I passed the 1095 days. Please advise

 

[scylla]

So in case I'm travelling now to Canada with my current PR, what will be the case? Can I enter the Canada or not? and will I be able to sponsor my child if the passed the 1095 days. Please advise

If you don't meet the residency requirement, then you will need to return to Canada and live in Canada for two straight years before you will be able to sponsor your daughter for PR. If she is able to obtain an approved TRV or TRP, then she can come to Canada as a visitor. If not, this means your family would have to be separated in order to save your PR status and be able to sponsor her for PR.

 

[vensak]

That he does not meet residency requirements was more or less clear from his question (if his daughter is 3 years old and is not Canadian citizen, she was born outside. And if he asks about procedure now, he did not need it until now. So hence he is more than 3 years outside Canada).
So first of all they need to make it to Canada without being reported.
That might be difficult as there are several points which can make them visible:

1. Request for TRV for their daughter (also here is not a big chance).
2. Crossing the border itself especially with such old non PR daughter can catch attention and more questions that might lead to being reported.
3. And any attempt to sponsor their daughter during next 2 years after returning to Canada (of course if they will not be reported).

 

[keesio]

I still have 23 months validity in my PR and I didn't stay in Canada much around 2 weeks at landing time. Do you mean that if I apply now for sponsorship it can be rejected because I didn't stay in Canada for 2 years. How can I originally go and stay while I can't take my daughter over there. Can you please explain further?

Not only can the sponsorship be rejected, but you and the rest of your family will be at risk of losing PR since you (and your wife and oldest child) don't meet the residency requirement. A sponsorship application triggers a residency requirement check.