A PR wanting to return with a baby born outside Canada.

[Jabs2013]

Hi,
I landed in Nov 2010 with my Family and left Canada in 45 days. In 2012 we had a baby out of Canada. Our 3 years are finishing in nov 2013 and we want to return back before then.
Hence I decided to come alone to Canada leaving my wife and kids back in home country and sponsor my baby. But with the strikes going on I feel I may not be able to the visa in time( nov 2103).
Which is the best way to get my family back in Canada before I get my landing papers for my baby.
Shall I apply for a us visit visa for all of us and come through land into Canada ? Will my baby be allowed into Canada without a visit visa? Or should I apply for a TRV? I know a TRV for my baby has every chance to get rejected.
We have passports which require visa to enter Canada. My baby is 1.5 years old. And hence my wife and other kids with PR are not able to come to Canada.

Kind regards

 

[Leon]

Your child may be denied a TRV based on your intention for the child to stay permanently so what you can apply for instead is a TRP which is a visa sometimes given to people on humanitarian grounds. Apply for the TRV but write a cover letter stating that should they deny the TRV based on the above, you would like to apply for a TRP as a backup because 1) it is emotionally very difficult for your family to be split apart like that, 2) your family needs to get back to Canada in order to meet the residency requirements for their PR and they can not leave the baby at 1.5 years old by himself and 3) because of the strike, the processing time for your child sponsorship is likely to get drawn out.

 

[Jabs2013]

Thank you Leon,
Right now I have returned to Canada and applied for sponsorship. I intend to stay back as its a criterion for sponsorship. Moreover during my entry , I was forwarded to a secondary IO and they took all details from me and I have been stamped out since dec 2010 in my passport.
My question is should I leave Canada to my home country and apply for TRV/TRP? Can I do it from here in Canada? I don't want to raise any unwanted flags.
If I am coming by road from US , does my baby need a TRV/TRP to enter?

Kind Regards

 

[Leon]

Your wife can apply for the TRV/TRP for the baby. You can write the letters and fill out the forms and mail them to her to bring or send to the embassy. She can add her own letters about her emotional stress of being alone with the children in order to support the TRP application.

As far as I know, there is no exception from having a Canadian visa at the land border if you are not visa exempt unless you are a US green card holder. As far as I know, no exception for babies either. If you want to take your chances by having your family arrive at the border with the baby, there is no guarantee that they will let them enter. Maybe they will, I really don't know but it's a pretty big chance to take if it doesn't work out.

You can read http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf and start on page 51 for who needs a visa and who doesn't.

 

[Jabs2013]

Hello Leon,
I had submitted my sponsorship app on July 30th in canada to the Mississauaga Office. They responded to me in 20 days to submit few additional documents which i did on Aug 30th. I did not hear from them after that till yesterday (23rd Oct 2013). I have received an AOR from NDVO as below

In order to expedite the processing of your application, we are requesting that you provide the following as soon as possible:

• Payment of your Right of Permanent Resident Fee (landing fee) to our office in
• Submission of police clearance certificates for time spent in any country for a period
• Submission of original passport along with any old expired passports for you and your accompanying family members. The picture in the passport for a child under 6 years of age must have been taken within the last 3 years. The picture in the passport for a child between the ages of 7 and 18 must have been taken within the last 5 years. years.

Does this mean my Sponsorship is approved? is this stage 2 AOR? Also in fine prints its mentioned that this PPR is not a guarantee of Visa Issuance. Do they request the applicant's PP before a decision is made? Its confusing.. Could you please shed some light.. Thanks.

Kind Regards

 

[Leon]

It looks promising. There are no background checks for a baby so they are usually faster.

 

[Jabs2013]

Hi Leon

But my baby is less than 2 years and according to guide 3900 RPRF and PCC is not required for dependent child less than 18 years.
In my letter from NDVO they have specifically instructed to send the PP along with requested documents.
Does this mean I have to pay up RPRF and obtain a PCC.
RPRF would be easy for me, but getting a PCC is next to impossible for a 2 year baby.
What should I do ?
Kind Regards

 

[Leon]

As far as I know, dependent children are also exempt from the RPRF. It sounds like they sent you a form letter. It is hard to say without seeing the whole letter but if these are not suggestions of sending what applies to your case and there are no check boxes where some things are checkmarked, it sounds like it may even be the wrong letter. As far as I can see, the only thing you would need in your case is to send the childs passport.
You should send them a letter back with the passport and ask since you are only sponsoring your 2 year old child, if a PCC and RPRF are really needed.

4. Right of Permanent Residence Fee (RPRF)

▼ Getting your permanent resident status – Fees

Getting your permanent resident status $490

Principal applicants (with some exceptions) and spouses and common-law partners coming with them to Canada must pay this fee. Applicants must pay this fee before CIC issues the permanent resident visa or before the applicant becomes a permanent resident in Canada.

These people do not have to pay this fee:
•dependent children of a principal applicant or sponsor, a child to be adopted, or an orphaned brother, sister, niece, nephew or grandchild; and
•protected persons, including Convention refugees.

 

[nonameguy]

Hello Jabs2013,
I happened to read your posting in the site. I also have a similar situation as yours. I have sponsored my baby to become PR of Canada and New Delhi is asking to pay Right of Landing Fee and submit PCC for infant. I do not have any other dependent family members in the application and my wife is already PR of Canada. Would you mind sharing with me how you handled the situation after CIC asked you to submit PCC and RLF? In my case, they are not asking for passport but just these two documents. If you can share your experience with me that will be of great help.

Hello Leon,
I had submitted my sponsorship app on July 30th in canada to the Mississauaga Office. They responded to me in 20 days to submit few additional documents which i did on Aug 30th. I did not hear from them after that till yesterday (23rd Oct 2013). I have received an AOR from NDVO as below

In order to expedite the processing of your application, we are requesting that you provide the following as soon as possible:

• Payment of your Right of Permanent Resident Fee (landing fee) to our office in
• Submission of police clearance certificates for time spent in any country for a period
• Submission of original passport along with any old expired passports for you and your accompanying family members. The picture in the passport for a child under 6 years of age must have been taken within the last 3 years. The picture in the passport for a child between the ages of 7 and 18 must have been taken within the last 5 years. years.

Does this mean my Sponsorship is approved? is this stage 2 AOR? Also in fine prints its mentioned that this PPR is not a guarantee of Visa Issuance. Do they request the applicant's PP before a decision is made? Its confusing.. Could you please shed some light.. Thanks.

Kind Regards
[/quote]

 

[Jabs2013]

Hi,

For my case NDVO had requested the pp and the fees. Well I just prepared a letter and enclosed it with my child's pp. the letter stated that my child is less than 2 years of age and is exempt from fees according to cic guidelines.

I did not hear anything from NDVO after that and they kept my file till march 5. Exactly 6 months from the acceptance of my application Mar 5 started processing my app, march 11 updated CAS IP and that's it. Mar 15 they requested for my mailing address in India and March 23 My wife got my child's passport stamped with visa valid til July 17th.

She is joining me on 29Jun.

Hope this helps. And thank you Leon for your support and advice, it was very helpful.

Kind regards

 

[epie]

Hello Good Day to All of You...

First, I am 3 months pregnant right now. And my husband is doing the papers to send it to the office. And we do not know what months we will get the PR. Q: what if I will give birth here in the Philippines to our child, do we need to apply a PR for our child? just wondering.

God bless and thank you...

 

[Msafiri]

Hello Good Day to All of You...

First, I am 3 months pregnant right now. And my husband is doing the papers to send it to the office. And we do not know what months we will get the PR. Q: what if I will give birth here in the Philippines to our child, do we need to apply a PR for our child? just wondering.

God bless and thank you...

If your husband is Canadian by birth or naturalization the child (if born abroad) will be Canadian (first generation born abroad). If he is a PR then the baby (if born abroad) must be sponsored...usually added as a dependent to your own file that will be in process.

 

[Uenorlose]

Hi, my mom just got approved on her permanent residency under live in caregiver program and the whole family including myself are just waiting for our visa. My concern is about my newbon son which is not included in the application since the processing of our application took a lot of time, a lot like since 2010 and just landed in this year november as PR. What can we possibly do or is it possible to bring my son with us? I am really worried, please help.

 

[scylla]

Hi, my mom just got approved on her permanent residency under live in caregiver program and the whole family including myself are just waiting for our visa. My concern is about my newbon son which is not included in the application since the processing of our application took a lot of time, a lot like since 2010 and just landed in this year november as PR. What can we possibly do or is it possible to bring my son with us? I am really worried, please help.

You need to add your son to the application now (before you get your visa and land in Canada to become a PR). It's possible it may be too late if your mother already landed. But you need to try. If you don't add your son to the application now, you will never be able to sponsor him.

 

[Leon]

It is your mothers duty to add new family members to the application as they are born. I hope your son was born after she landed and not before. Otherwise, you will have a problem.