Approved PR got cancelled

[vamsi001]

Hi neil2010,

I have a question for you, what date did you do your medicals,
If you give a honest reply then I can suggest you some stuff,
this is because I have personally been in your situation before
but am now in canada with my family.

 

[visaexpert]

Some related details, I got from below link
http://forums.immigration.com/showthread.php?246637-Baby-Born-in-the-US-for-Cdn-PR-parents!


I am PR in Canada and my wife too and we live in Canada, and my wife is pregnant but due to some medical implications, my wife needs to deliver the baby in a specialized hospital in the US, this is what the doctors recommended.

Now, when they baby born in the US,

-he will hold the US citizenship? right?

--Correct

-How can I come back with the baby to Canada, do I need to apply for PR for him/her?

--YES

-Can he/she become a Canadian citizen after three years in Canada? or after we become canadians?

-- YES, whenever you become , the baby does not need to fulfill 3 years requirements

-Can he/she still hold both citizenship? or just one?

 

[visaexpert]

Refer below links

http://www.canadainternational.gc.ca/france/visas/immigrate-immigrer_faq.aspx?lang=eng#after

http://www.canadavisa.com/canada-immigration-discussion-board/immigration-baby-born-in-us-before-landingfirst-entry-into-canada-t3164.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/my-wife-pregnant-after-doing-medical-t44643.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/visa-obtained-but-baby-on-the-way-before-landing-t33091.0.html

http://www.trackitt.com/canada-discussion-forums/federal-skilled-workers/381264051/having-a-baby-before-landing




Since I received my permanent residence visa, my spouse has had a baby. Can I go to Canada and sponsor my child later?

No, unless your child is a Canadian citizen, your visa is invalid because you have a new family member who has not been examined and you will not be permitted to enter Canada. If your child was born in Canada or if one of its parents is a Canadian citizen, the child is therefore a Canadian citizen. If that is not the case, you must add the child to your application by sending us a copy of the birth certificate along with 7 identity photos. Your child will have to undergo a medical examination. If the child is accompanying you to Canada, you will also have to pay the required fees and submit a copy of the passport used for the child. If your destination is in the province of Quebec, you must also obtain a Certificat de sélection du Québec (CSQ) for your child.

You MUST also return your visas and Confirmation of Permanent Residence forms to our office for cancellation. Once your child has been examined, unless he or she is inadmissible, we will issue the visa(s).

Any current family member not examined now can NEVER be sponsored by you in the future. Misrepresenting or withholding information would render you inadmissible to Canada.



When I applied for permanent residence I was single. I have received my visa, but now I am married. Can I go to Canada and sponsor my spouse later?

No, your visa is not valid if it does not accurately reflect your legal status and you will not be permitted to enter Canada. You must inform us immediately, in writing, of your new matrimonial status. If your spouse is not a citizen or permanent resident of Canada, he or she must be examined in the context of your application, whether or not he or she will accompany you to Canada. We will send you the forms which your spouse must complete as well as a list of documents required. He or she will have to undergo a medical examination. If your spouse is is accompanying you to Canada, you will also have to pay the required fees and submit a copy of his or her passport. If your destination is in the province of Quebec, your spouse must also obtain a Certificat de sélection du Québec (CSQ).

You MUST return your visa and Confirmation of Permanent Residence forms to our office for cancellation. Once your spouse has been examined, unless he or she is inadmissible, we will issue the visa(s).

Any current family member not examined in this application can NEVER be sponsored by you in the future. Misrepresenting or withholding information would render you inadmissible to Canada.

 

[Leon]

Ok, now that I have had a bit more time to look through the manuals, I have found this:

Family members can be added to the application at any time during the process, including after the visa is issued but prior to obtaining permanent resident status. Applicants should be counselled to inform the visa office immediately if their family composition has changed. Please see OP 2, Section 7.7 for more information on adding a family member during processing.

If you look at OP2, you find this:

New family members must be added and non-accompanying family members can become accompanying family members on an application of a person applying in the family class during the processing of an application. There may be occasions when a child is born to an applicant subsequent to the issuance of the visa but prior to obtaining permanent resident status. In these cases, it may not be necessary to create a new file and start processing all over again. All that is needed is to have the child added to the sponsorship, the processing fee paid and a medical examination done. See the CAIPS user guide for how to proceed in these cases.

Based on the information above, you should still be able to add your baby after the visa is issued as long as you haven't landed yet. The only thing you did wrong was that you did not notify them immediately when the baby was born which probably happened at the same time as they were issuing your visas.

 

[SISH7255]

Leon, very good information for Neil to proceed. I always appreciate your valuable posts

 

[professional 1]

Ok, now that I have had a bit more time to look through the manuals, I have found this:

If you look at OP2, you find this:

Based on the information above, you should still be able to add your baby after the visa is issued as long as you haven't landed yet. The only thing you did wrong was that you did not notify them immediately when the baby was born which probably happened at the same time as they were issuing your visas.

Hi Leon, I completely agree with your first post. However, there is a problem still in their situation even if they have not landed yet:

The problem is "The date of giving her birth."


What i understand is that the baby was born before they send their passports for the Visa issuance, not after, which means that she hide this information purposely "regardless what the reason was" because no one can forget his child.

Bear in mind that they neither have informed the visa office about the new born baby immediatly, nor have they done that before sending the passports, which means that they missed two chances of doing so before getting their visas.

Therefore, your first post in this thread will likely apply to her situation, and that is why the visa office canceled the entire application instead of sending them the documents to update, and add the new born baby.


Anyway wish her the best of luck in finding a way to get over that difficult situation.

 

[thejackson]

I think the rule is very clear. ' Inform the visa office immediately of any change in your status" If the baby was born after medicals but before passport request, then it is the responsibilty of the applicant to inform the Visa Office.
We have seen a here in this forum where an applicant had to return his VISA to the Visa Office because he had a baby after the visa was issued. He cannot by law travel to Canada because the new baby was not included in the visa application

I will therefore suggest that you appeal on compassionate ground. NO lawyer can delivered this case
Please be courageous and make an appeal. Qorax and other GURUS will graciously be of immense assistance

 

[Sihs]

Hi Neil;
My heart goes out to you, as I'm sure that whatever any of us tell you, it's very hard to wait all this time and have this end result with your application, however you had the best result ever which is this lovely baby.
I would agree with what SISH said, yes you do need to hire a professional immigration lawyer, and you never know there still might be a way to leviate their decision, but I deeply wish you all the best and good luck with your efforts, and always have faith and remember 'WHAT'S MEANT TO BE IS MEANT TO BE" we as humans have no control over our destiny, but we can try and stir it in the direction that we favour.

GOOD LUCK

 

[Leon]

What i understand is that the baby was born before they send their passports for the Visa issuance, not after, which means that she hide this information purposely "regardless what the reason was" because no one can forget his child.

From what I understand, they got the passport request 2 weeks before the baby was due so if they sent the passports right away, the baby was not born yet at the time they sent them. They did make a mistake not reading the links in the email they got for the passport request. They did make a mistake not letting immigration know about the birth immediately but still, from what it says in the manuals, it is not too late to add another family member even after the visa is issued as long as they have not landed yet.

I even remember one member here who had himself landed before his baby was born, he was the principal applicant, but his wife had not landed yet. They were allowed to add their baby to the application.

 

[professional 1]

From what I understand, they got the passport request 2 weeks before the baby was due so if they sent the passports right away, the baby was not born yet at the time they sent them. They did make a mistake not reading the links in the email they got for the passport request. They did make a mistake not letting immigration know about the birth immediately but still, from what it says in the manuals, it is not too late to add another family member even after the visa is issued as long as they have not landed yet.

I even remember one member here who had himself landed before his baby was born, he was the principal applicant, but his wife had not landed yet. They were allowed to add their baby to the application.

I wish them the best of luck anyway.

 

[PG]

Neil,

The mistake was done, I know you have admitted it. We had the similar case of pregenancy when medical was requested. We didn't do medical in the given deadline for the pregnant member, got a letter with words of appreciation from CIC doctor with an advice to do it later when it is convenient. (Actually we were really reluctant to leave Europe for Canada, and never wanted to risk baby for XRay)

Later in the passport request we did not get any associated links as you got in your email. That means, they were keeping eye on your pregnancy and let you know by email. That link was case specific to you, which you say you didn't check (which CIC didn't believe).

You have normally 2 months time, but you send the passport hurrily or deperately (probably CIC thinks so).

You didn't think it necessary to inform the CIC though it is strictly required by it from all applicant to inform CIC about change in family structure and other associated factor. (Probably CIC again thinks you did not comply here too).

You later sent the application form even without noticing them. Normally people send a letter (we also did the same) informing CIC and wait for further instruction.

Why I am emphasizing the above points is to help you find a way out. If you see from CIC point they think you didn't comply with the rule, thank god they did not find a point to blame you of misrepresenting.

The OP manual Leon has posted is good for normal cases. That means, it is for those people who respond the issues as per instruction. Now, you have to come to this category.

You got passport request few days before your delivery. A good "excuse" (please forgive me for this word, I guess you have gone real stress and pain during that time) should be that you were near the delivery date and could not check all the links, you were in pain or distress or something.... That is the situation where you were different than a normal healthy person, where mistake or carelessness can happen (A good point to remember when you talk them again).

What I would do in this case is: Try to call CIC, convince them or ask a way out. I have read many instances where the baby is born after issuing visa, the visa is canceled and they include the baby, do medicals and reissue visa for all. The officer saying you to start from the scratch means he is thinking you tried to manipulate them by not following the instruction.

Even ask them if you can land without including the baby, and later sponsor the baby (it is better than start from the scratch). Don't be rude to them on phone. If the things are not going to work then appeal, where it is necessary. But be careful, they don't charge you of misrepresentation. I wish you misunderstood them, and can include baby just as others do. good Luck!

 

[professional 1]

Neil,

Later in the passport request we did not get any associated links as you got in your email. That means, they were keeping eye on your pregnancy and let you know by email. That link was case specific to you, which you say you didn't check (which CIC didn't believe).

Your respons is very logical, but just for clarification, the passport request format from Buffalo visa office is the same general format for all applicants when it comes via email. I got the same exactly with the same links while i am single not married.

This is the format with the links (the one talks about his situation is the last one):




Dear Applicant:



This refers to your application for permanent residence in Canada. We are now in a position to request your passports for visa issuance.



Please submit your passport(s) before.......... The issuance of your visa(s) is time sensitive so it is important for you to submit your passport(s) as requested.







FOLLOW THE LINKS BELOW FOR IMPORTANT INFORMATION THAT WILL ANSWER ANY QUESTIONS YOU HAVE:



Passport requirements:


http://www.canadainternational.gc.ca/buffalo/imm/passports_passeports.aspx



Photographs, height and eye colour:


http://www.canadainternational.gc.ca/buffalo/imm/Photographs_Photographies.aspx


Instructions for passport submission:


http://www.canadainternational.gc.ca/buffalo/imm/submit_soumettre.aspx



Important notice for family members:


http://www.canadainternational.gc.ca/buffalo/imm/notice_avis.aspx


Immigration Section/Section de l'immigration

Consulate General of Canada

Consulat général du Canada

Buffalo, New York

 

[scylla]

What professional 1 said - the links are standard/generic. They were in my husband's PPR email as well.

 

[neil2010]

I dont have word to thank you all guys for all your valuable suggestions and wishes.

I send our passport before child birth and within 3 wks we notified consulate that we want to add our newborn, and ask them about the process. I never tried to just land there without unexamined child. And I got the copy of medical report of my wife where doctor mentioned that she is pregnant.

I send a mail with all these documents and requesting them to reconsider my case as it was a very big mistake from our side but not intentional at all. After reading all your replies, I hope my case will be re considerate. Lets hope for the best.

 

[Sihs]

Good luck, and all the best with your case.