Appeal for 1 year old baby of PR parents

[zainabfis]

Hello et al,
Can anyone on this forum guide me? I applied for sponsorship of my daughter who was born in Pakistan in January 2017 but it got refused as I was in Pakistan at the time of her sponsorship application.
I now want to file an appeal.
Can any one share what documents do i need to prepare an appeal for my daughter and approximately how much time does CIC take to make a decision on appeals?

Regards!

 

[MaryL]

Are you a pr? If you are you cannot sponsor outside of Canada. Not even sure you can appeal that. Perhaps reapply. How long it take you to be refused? An appeal could be months to yrs. It took me 2 yrs to appeal. I'm still waiting for my husband's ppr.

 

[mikeymyke]

I dont know why you would try to appeal, as an appeal means "You guys made a mistake for refusing me, and I have proof", it doesnt mean "Oops I made a mistake, please give me another chance "

Clearly the refusal was correct if you didnt reside in Canada as a PR, so you will need to reapply

 

[canuck_in_uk]

Hello et al,
Can anyone on this forum guide me? I applied for sponsorship of my daughter who was born in Pakistan in January 2017 but it got refused as I was in Pakistan at the time of her sponsorship application.
I now want to file an appeal.
Can any one share what documents do i need to prepare an appeal for my daughter and approximately how much time does CIC take to make a decision on appeals?

Regards!

As already stated above, you were correctly refused under the law, so an appeal is pointless.

You or your spouse must return to Canada and submit a new application. The sponsor must then reside in Canada throughout the entire sponsorship process. A few short visits are fine but anything more than that risks another refusal.

 

[immigrant7]

if both of you are PRs, then one of you can come to Canada and apply for Sponsorship PR.
Or apply for a visit visa for the kid and bring in and then later apply for the PR.

In any case, the sponsor needs to be in Canada.(if they are PRs)

 

[scylla]

As others have said, if both you and your spouse were in Pakistan then you were correctly refused and an appeal will fail.

One of you need to move to Canada and sponsor the child again from scratch. That person then needs to remain in Canada.

 

[Rob_TO]

Why did you ignore the advice you were given last year? This was explained very clearly to you.

http://www.canadavisa.com/canada-im...nada-that-is-born-abroad.460213/#post-5595184

As other have explained, appeal is guaranteed to be rejected since IRCC did not make any errors.

 

[mikeymyke]

Wow unbelievable, you were given correct advice last year, yet you still went ahead with it?

 

[canadianwoman]

As well, appeals generally take a long time. It is normal to wait for one or two years.
I would try getting a TRV for the baby, then returning to Canada and applying for his PR. If the TRV is refused, apply for a TRP. If that is refused too, then one parent will have to come to Canada, stay in Canada during the processing, and reapply for the child's PR visa.

 

[haXudon]

this is one of those cases that a person asks for advice one time in forums, waited 5 minutes for a reply. did not get any, so assumed that nobody even bothered to care. logged out and made his/her own decision.

years later, comes back to forum with a new and bigger problem. posted it. waited 5 mintues. no reply. logged out.

so guess what this guy is going to do next...

 

[screech339]

I agree with this though I don't know how they will get approved for a TRP, also thinking this cannot be H&C case even if they tried because they don't have reasonable ties to Canada seeing as they've chosen to stay in their home country, it will be hard to prove hardship by not being in Canada. Anyway, I hope they listen this time and apply after one of them moves to Canada

H&C will not work since the baby is not inside Canada. H&C only applies when the baby is inside Canada.

 

[canuck_in_uk]

I agree with this though I don't know how they will get approved for a TRP, also thinking this cannot be H&C case even if they tried because they don't have reasonable ties to Canada seeing as they've chosen to stay in their home country, it will be hard to prove hardship by not being in Canada. Anyway, I hope they listen this time and apply after one of them moves to Canada

TRPs are often approved in these situations.

 

[screech339]

I get the impression that the OP (zainabfis) does not want to accept the consequences of having a baby outside Canada as PR’s. OP may believe that the PR sponsorship rules regarding PR’s should not apply to them. And now the OP wants to appeal despite the obvious reason why they were denied in the first place. Good luck to OP in getting the decision overturned. OP will have a tough time explaining to judge why OP’s case is special when so many other PR parents have done the same thing and followed the rules of child PR sponsorship. My advice to OP is to drop the appeal and apply for child’s PR when one of them is willing to move back to Canada, leaving behind child and spouse, submit child PR papers and REMAIN IN CANADA until child’s PR is complete.

 

[Rob_TO]

Regardless of being inside Canada or not, there is no Humanitarian nor Compassionate reasons for IRCC to even consider allowing the appeal. The PRs here made a conscious decision to return to home country after becoming PR,. to have a baby in home country, and finally to sponsor the baby while not residing in Canada despite very clearly written rules that this is not allowed.

Since the parents chose to have their child outside Canada, there is zero H&C reason that the child can be sponsored while they're outside Canada.

The only direction here is to abandon the current rejected app, have one of them move to Canada (with or without the baby), and submit a brand new app while residing in Canada.