Should I create a new account on behalf of my kid to apply for TRV?
Can anyone give link to a forum which has discussed details pertaining to application of TRV?
Regards,
PR sponsorship for child born outside Canada to permanent resident parents
- Thread starter yoshi786
- Start date
Can anyone give link to a forum which has discussed details pertaining to application of TRV?
Regards,
I along with my family are Canadian permanent resident since April 2017 but living outside of Canada since then, I am not going to meet number of days residency obligation if I stay outside of Canada after April 2020.
I have a new baby born outside of Canada and he of course doesn't have PR and to get PR for him, what I understood from this thread that we must have to be in Canada physically. If only my wife stays with him, what are the chances to get him PR while I stay outside and keep my family needs fulfilled from my overseas job. I have following questions:
1. Will I loose my PR immediately after April 2020?
2. Will my family along with new child will get the passport without any issue?
3. What will be the options for me afterwards, can my wife sponsor me and I can I get visit via easily?
Thanks in advance!
I have a new baby born outside of Canada and he of course doesn't have PR and to get PR for him, what I understood from this thread that we must have to be in Canada physically. If only my wife stays with him, what are the chances to get him PR while I stay outside and keep my family needs fulfilled from my overseas job. I have following questions:
1. Will I loose my PR immediately after April 2020?
2. Will my family along with new child will get the passport without any issue?
3. What will be the options for me afterwards, can my wife sponsor me and I can I get visit via easily?
Thanks in advance!
You or your spouse must be in Canada and compliant with your RO to sponsor your child. You need to try and get a TRV for you child if they want to enter Canada unless you are from a visa exempt country. A TRV is not guaranteed. The next option is a TRP. If none of these are approved a parent most go to Canada while the baby remains in the home country. Given your timeframe you should be applying for the baby’s TRV ASAP.
2. No you don’t lose PR unless it is renounced or cancelled by Canada if you have not met your RO and get caught without H&C reasons.
2. Passports aren’t involved in PR
3. Yes if needed your wife can sponsor you again.
Dear Scylla,
I am in the same situation as described above, however, I would like to know the exact source of the info you shared. CIC website or any other source..
Thanks in advance,
Best,
Manan
Which info exactly? Some of this has no official source (e.g. success rates for TRVs) and is based on experiences on this forum.
There are many discussions on this forum on this topic if you want to read more about experiences.
I mean the part, that one of the parents must reside in Canada during the sponsorship process. It's just I need a very precise info, as our travel decision will be based on this info.
Thanks
This is a very well known fact. I don't have the link handy for where this is indicated on the IRCC site. There are many many threads on this forum that cover this topic if you want to confirm (use the search feature to find them). If the parents are PRs - they cannot sponsor a child from outside of Canada. At least one parent must be in Canada. PRs cannot sponsor while outside of Canada. This privilege is reserved for citizens.
See the section in link below ‘become a sponsor’, in that section clearly states a PR cannot be a sponsor if living outside of Canada
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html
https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-28.html#h-687662
DIVISION 3
Sponsors
Marginal note:Sponsor
- 130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
- (a) is at least 18 years of age;
- (b) resides in Canada; and
- (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
- (a) is at least 18 years of age;
- Marginal note:Sponsor not residing in Canada
(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
133 (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
- (a) is a sponsor as described in section 130;
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor.html#abroad
Sponsors residing abroad
Canadian citizen sponsors living outside Canada may sponsor their spouse, common-law partner, conjugal partner or dependent child (provided that child does not have dependent children of their own). In such cases, an officer must be satisfied that the sponsor will return to reside in Canada once the family members they sponsor become permanent residents of Canada [R130(2)].
A permanent resident residing abroad is not eligible to submit a family class sponsorship.
This enough for you?
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https://www.canlii.org/en/ca/irb/doc/2019/2019canlii92843/2019canlii92843.html
ANALYSIS
[Paragraph 130(1)(b) of the IRPR reads:
Sponsor
130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
[Paragraph 133(1)(a) of the IRPR reads:
Requirements for sponsor
133 (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(a) is a sponsor as described in section 130;
ANALYSIS
[Paragraph 130(1)(b) of the IRPR reads:
Sponsor
130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
[Paragraph 133(1)(a) of the IRPR reads:
Requirements for sponsor
133 (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(a) is a sponsor as described in section 130;
Hi everyone..I need ur quick and valuable guidance which will help to meet the family together..
My friend got the PNP PR on June 19 at India..on each stage of his file he had inform to CIC & NDVO regarding his wife pregnancy and months...they both got the copr and he thought to for betterment of family go first and than call family..in between child also born in India so will sponsor..and he did same...now he's in Canada pr and wife has copr in India and baby got on November....he contacted cic they said file is ok...wife has valid copr so have to sponsor child but the same time he raised the web form at ndvo and they said he has to sponsor both wife and child as her wife visa also no valid...please guide us what to do....
Thank you
My friend got the PNP PR on June 19 at India..on each stage of his file he had inform to CIC & NDVO regarding his wife pregnancy and months...they both got the copr and he thought to for betterment of family go first and than call family..in between child also born in India so will sponsor..and he did same...now he's in Canada pr and wife has copr in India and baby got on November....he contacted cic they said file is ok...wife has valid copr so have to sponsor child but the same time he raised the web form at ndvo and they said he has to sponsor both wife and child as her wife visa also no valid...please guide us what to do....
Thank you
Because the child was born before the mother "landed" her application needs to have the child added to it. Her COPR is now invalid.
However, because the Principal Applicant has already landed, it is a real mess.
They probably can't now just add the child, and they will have to start the process of sponsorship instead.
This was extremely bad planning on their part.
They need to follow IRCC’s instructions.
Could anyone came here from USA border and applied for asylum in Canada. Could you guide me about it please?