PR coming to Canada with less than 730 days and a new addition to the family

[hmoosa81]

Dear All
We landed in Canada and obtained our PR cards in April 2013 with expiry date of 4 June 2018. At the time of landing we stayed for 15 days and came back to UAE with intention of winding up in a year's time and relocate permanently. During this period following happened:

• We started expecting our second child during first half of 2014. As the due date was during early months of 2015 and due to a medical condition, we decided to defer our plans by few months to complete the delivery procedures and pre-natal care in UAE.
• Our younger son was born in January 2015 in UAE who does not have a PR.
• In mid of June 2015, unfortunately my mother who is in Pakistan built a rare neurological disorder. This period required both financial support and my regular travels to Pakistan for her medical care which was only possible from UAE being close by.

Now, since we have very limited time left for Canadian PRs to expire we have now decided again pursue our relocation plan. However, I need clarity on the following:

1. Our younger son does not have a PR / travel document for Canada. What are the options available for us to be eligible to take him with us as well before expiry of our PR cards. Can we apply for a temporary travel permit for him and then apply for his PR when we are in Canada?
2. Although we have valid PRs but time left till expiry is less than 730 days, are there any major chances of us being reported and what are the implications.
3. While we are in Canada and after the expiry of our PRs, in case of any family emergency (as my mother is unwell) is there a possibility for a short visit to Pakistan - only for emergency situation.

Would really appreciate help and guidance from the experienced members.

 

[steaky]

1) One of the parents will need to come to Canada and send an application to sponsor the child for immigration. During the process, the parent must be living in Canada although he/she can have brief vacation outside Canada.
2) There are always chances of being reported.
3) Should be posting in the family sponsorship forum instead!

 

[hmoosa81]

Thanks for the response. I will re-post it in family sponsorship section.
Any idea how long can it take if I come to Canada and apply for my new born's sponsorship. My fear is that if I start that process, there is a chance that till the decision comes, the existing PR cards of the two members would expire.

 

[scylla]

1. Our younger son does not have a PR / travel document for Canada. What are the options available for us to be eligible to take him with us as well before expiry of our PR cards. Can we apply for a temporary travel permit for him and then apply for his PR when we are in Canada?
2. Although we have valid PRs but time left till expiry is less than 730 days, are there any major chances of us being reported and what are the implications.
3. While we are in Canada and after the expiry of our PRs, in case of any family emergency (as my mother is unwell) is there a possibility for a short visit to Pakistan - only for emergency situation.

1. You have a problem on your hands. Since you have been outside of Canada for more than three years, you don't qualify to sponsor your son for PR. You will have to live in Canada for two years and meet the residency obligation before you will be able to sponsor him for PR. If you attempt to sponsor him without meeting RO, his application will be refused and your PR status will be revoked. What you'll need to do is apply for a TRV so that he can come to Canada as a visitor. If the TRV is refused, then you should try for a TRP. If either the TRV or TRP are approved, you can then bring your son to Canada with you as a visitor. He will then need to live in Canada as a visitor for two years before you'll be able to submit an application to sponsor him for PR. If the TRV and TRP are both refused - then you'll really have a big problem on your hands and will need to separate your family for a few years in order to save your PR status. At that point you'll have to consider if this is something you're willing to do or if it's better to renounce your PR status and apply again from scratch.
2. There is always some chance you may be reported. Impossible for any of us to say how likely that is.
3. There are no provisions for leaving Canada in an emergency. If you leave and have to re-enter, this increases the chances you'll be reported for failing to meet the residency obligation and will have your status revoked.

 

[hmoosa81]

1. You have a problem on your hands. Since you have been outside of Canada for more than three years, you don't qualify to sponsor your son for PR. You will have to live in Canada for two years and meet the residency obligation before you will be able to sponsor him for PR. If you attempt to sponsor him without meeting RO, his application will be refused and your PR status will be revoked. What you'll need to do is apply for a TRV so that he can come to Canada as a visitor. If the TRV is refused, then you should try for a TRP. If either the TRV or TRP are approved, you can then bring your son to Canada with you as a visitor. He will then need to live in Canada as a visitor for two years before you'll be able to submit an application to sponsor him for PR. If the TRV and TRP are both refused - then you'll really have a big problem on your hands and will need to separate your family for a few years in order to save your PR status. At that point you'll have to consider if this is something you're willing to do or if it's better to renounce your PR status and apply again from scratch.
2. There is always some chance you may be reported. Impossible for any of us to say how likely that is.
3. There are no provisions for leaving Canada in an emergency. If you leave and have to re-enter, this increases the chances you'll be reported for failing to meet the residency obligation and will have your status revoked.

Many thanks for your response. So to apply for TRP I should be doing it from UAE right ? where i am currently based. Also, do I need to mention details of my PR status and the back ground why we were unable to go earlier with this application ? Family split is not at all an option for me.

 

[scylla]

Many thanks for your response. So to apply for TRP I should be doing it from UAE right ? where i am currently based. Also, do I need to mention details of my PR status and the back ground why we were unable to go earlier with this application ? Family split is not at all an option for me.

Start by applying for a TRV for your son. If the TRV is refused, then apply for a TRP. Yes - apply from where you are currently based.

I would simply say that you want to bring your non-PR son to Canada as a visitor so that you can sponsor him for PR.

It's quite possible both the TRV and TRP will be refused. Also possible you may be approved. I would give it a 50/50 chance. If both are refused, you'll need to renounce your family's PR status and apply again from scratch.

 

[hmoosa81]

Start by applying for a TRV for your son. If the TRV is refused, then apply for a TRP. Yes - apply from where you are currently based.

Thanks. If either TRV or TRP gets approved what is the time duration of stay allowed under these two permits. Will my son be able to stay with us for two years till the time I am eligible to apply for sponsorship.
Also, i assume he will not be entitled for any health benefit during this period. Will i be able to put him in a nursery school (as he is only 2.5 yrs old, his education anyhow has to be paid by parent till he reaches 6).

 

[scylla]

Thanks. If either TRV or TRP gets approved what is the time duration of stay allowed under these two permits. Will my son be able to stay with us for two years till the time I am eligible to apply for sponsorship.
Also, i assume he will not be entitled for any health benefit during this period. Will i be able to put him in a nursery school (as he is only 2.5 yrs old, his education anyhow has to be paid by parent till he reaches 6).

He'll likely be allowed in for six months and you'll have to apply to extend his status in Canada every six months. Correct - he won't qualify for health benefits.

 

[hmoosa81]

He'll likely be allowed in for six months and you'll have to apply to extend his status in Canada every six months. Correct - he won't qualify for health benefits.

Apologies for so many questions but how easy is it to get the extensions while living in Canada for these temporary V/P ?

 

[hmoosa81]

Dear all

I have been advised to enter Canada through US land border where there is higher chance on my son getting a TRP issued then and there.
Is there any merit in this or should I straightaway apply for a TRV with the embassy in my country of residence. Also should it only be a TRV application with PR card copies of parents attached to it or I submit a full descriptive letter and request for TRP.
Please guide

 

[ON332982]

Hi all greetings
Iam in the same situation
I have applied for TRV and it is approved. My son got three months visa
Will it be renewed there after landing

 

[Ikki1]

Hi,
Firstly, I really appreciate the efforts of the advisors for helping out by patiently ansewering all the queries.


I, my wife and my daughter are PR card holders but my son who was born in india after we made our initial landing is not a PR.
I am currently employed in Toronto. I have not met the RO yet (resided in Canada only for 8 months in last 5 years) as I was frequenting between India and Canada due to my mothers health issues.
My wife and daughter have stayed in Canada only for 20 days in 5 years. Their PR is expiring in September 2019.

I intended to move my family to Canada for good and I had applied for my sons TRV with the intention of applying for his PR once he arrives. My sons TRV was rejected on the grounds that the visa officer was not satisfied that he would leave the country at the end if his visa period.

My family is unable to join me in Canada because my son does not have a PR and his TRV was rejected. My wife and daughters PR is expiring in 3 months time.
Keeping a child away from his mother is the lasf thing I want to do.

Please advice what I can do to bring my son to Canada within 3 months time.


Thanks in advance.
Any input will be highly appreciated.

 

[scylla]

Hi,
Firstly, I really appreciate the efforts of the advisors for helping out by patiently ansewering all the queries.


I, my wife and my daughter are PR card holders but my son who was born in india after we made our initial landing is not a PR.
I am currently employed in Toronto. I have not met the RO yet (resided in Canada only for 8 months in last 5 years) as I was frequenting between India and Canada due to my mothers health issues.
My wife and daughter have stayed in Canada only for 20 days in 5 years. Their PR is expiring in September 2019.

I intended to move my family to Canada for good and I had applied for my sons TRV with the intention of applying for his PR once he arrives. My sons TRV was rejected on the grounds that the visa officer was not satisfied that he would leave the country at the end if his visa period.

My family is unable to join me in Canada because my son does not have a PR and his TRV was rejected. My wife and daughters PR is expiring in 3 months time.
Keeping a child away from his mother is the lasf thing I want to do.

Please advice what I can do to bring my son to Canada within 3 months time.


Thanks in advance.
Any input will be highly appreciated.

Your options are extremely limited since you don't meet the residency requirement. You should try applying for a TRP (temporary resident permit) for your son. If the TRP is approved, your son can come to Canada. However you should be aware it's possible your wife and daughter may be reported at the border when they enter Canada for failing to meet the residency requirement which would trigger a process to revoke their status. It's also quite possible they may not be reported.

If your son's TRP is refused (which is the most likely outcome), then it will be some time before you'll be able to bring him to Canada. You will have to live in Canada for another 16 months until you meet the residency requirement. You'll then be able to sponsor your son for PR. At that point - it will make sense for your wife and daughter to renounce their PR status officially (since their PR cards will be expired and they won't mee the residency obligation) and you can then sponsor all three of them together. So quite possible you may have to be separated from your family for quite some time (16 months to wait until you meet the residency requirement, plus another 6-12 months for the PR application to be processed).

Again, options are extremely limited since you don't meet RO and made the decision to spend so much time outside of Canada in the last five years.