Baby in Canada on TRP - now what is the next step to get PR?

[sabuj]

I would strongly suggest you to have the baby in Canada (if possible)...not in Japan. Getting PR of a baby under TRP is like conquering the Mount Everest.

 

[gaizin]

Sabuj,
thank you for your suggestion.
Having delievery is Canada is a good idea but I missed this chance.
I did not notice that getting a PR for a baby born ourside Canada is so difficult.

By the way, what was the conclusion of the disccusion in this tread?

If baby entered to Canada under TRP/TRV--> go through H. and C. (Alberta)
If the baby entered to Canada without TRP/TRV (i.e. visa waiver countries)--> then go through CHC-M.

Please correct me if I am wrong. thanks.

 

[tstarks]

This is a really confusing issue and I do not know the reason why CIC is not making it clear; CIC call centre gives different opinion on different dates.

I need advice of the forum particularly of tstarks.

My wife and I are PR and our child is under TRP; he is 4 years 4 months old. I sent my sponsorship application to CPC - Vegreville (In Canada application for PR Status along with sponsorship application) and they forwarded the application to Vancouver to process under H&C; I did not apply under H&C. The application is in process now.

I am not in agreement with it because I know that if the application under H&C is rejected, no appeal is acceptable (though possibilities of rejection in such case are almost zero). Moreover, CIC call centre has mentioned to me that the application to sponsor child is always processed in CPC-M, does not matter whether the child is inside Canada or outside. They also added that I can select Buffalo processing centre. If it is so, I am not sure why (1) the file has been sent to Vancouver by CPC-V, not to CPC-V, (2) if CPC-M processes such application, why should I apply under H&C; H&C should be the last recourse.

I am confused. If I withdraw the application being processed under H&C (though I did not apply under H&C) and re-apply to CPC-V, will that be the right decision? If CPC-M send the file to CPC-V and they eventually send it to Vancouver again - then it is going back to square one; wasting some time and money.

Shall I wait fo Vancouver to process? In tstarks's case, it took 8 months I think to get approved; does it take so short time?

Thanks for advice.

Will tstarks send me a personal email?

My experience is as follows:

I have sent the application twice to CPC-M for processing via Buffalo without success. The first time I got a call from an officer there and she was confused by the application and ended up confusing me (lol); anyway, we mutually agreed to have it withdrawn/returned. The second time I received a letter from them stating that it CAN NOT be processed by their office and will be forwarded to Alberta. Eventually that particular application was rejected and returned along with H&C forms that I should use to apply with.

Thankfully, I had already applied to Alberta under H&C grounds after speaking with a capable (yes there are some!) CIC Call center rep. Since then it has been a waiting game as it takes 20 months (yes that long ) to process the application. Thankfully my daughter has her OHIP now and can go school. Additionally you can receive your tax credtis (UCCB, etc.) as well for the child.

Short answer to your question - let the application process. Just give it time as you are now in the same queue as me and rest of the people who have taken the route. The 8 months were only for INITIAL approval which confirms that "Yes you are eligible for processing of PR while you are within Canada". You can use this to get OHIP, etc. However you still need to maintain valid TRP status (renew every year).

In MY EXPERIENCE and UNDERSTANDING there is NO other way to process this application regardless of what others tell you on this forum.

 

[tstarks]

Correction.. CPC -V and CPC - M...

I do not know why CPC - Vegreville sent the file to Vancouver, not to CPC - Mississauga. If I withdraw the application being processed and re-apply to CPC - Mississauga, will they send to CPC - Vegreville and they will send to Vancouver?

Nope CPC-M sends it to CPC-V which will send it to Vancouver as it is Backlog reduction office.

 

[tstarks]

Thanks for quick response. Shall I withdraw the application in process under H&C and re-apply to CPC-M selecting Buffelo or it will be wise to continue with H&C? Processing under H&C started in March, 2012.

I can't comment on the other poster's experience but from MY EXPERIENCE I can tell you that CPC-M WILL NOT process your application. I have tried it and failed.

 

[tstarks]

Please would you let us konw how you apply for H&C within Canada. This is what I should have done for my family instaed of inland PR since they are in canada on TRV for 3 years and got extended for another 1 year.

I will be happy if you let us know the details.

Thanks .

You need to start there:
http://www.cic.gc.ca/english/information/applications/handc.asp

It is all pretty much self explanatory. Just read through the guides and provide them the info they need. Make sure to fill in EVERYTHING. Even stuff that is not applicable should be marked NOT APPLICABLE or N/A.

Holler if you got questions.

 

[tstarks]

Hi there,
I am in exactly in the same situation.
I am a landed immigrant and came back to Japan after spending a month in Ontario.
We are expecting a baby in June and will move back to Canada permanently on July.
IN this case, which option should be the best for my baby to obtain a PR in shortest time?
As my baby will have a Japanese papport, should we make TRV or TRP?

Any suggestion will be highly appreciated.
Thanks.
Gaizin

I am not sure about the process in Japan as I applied via Dubai. Basically I emailed the people at the Canadian embassy explaining my situation and asking them on how to go about the process of relocating back to Canada with my child (who had no status in Canada at the time). They told me to apply for a TRV, which would then be rejected and I would be told by CIC to apply for a "Minsters Permit". This is apparently another term for the TRP. Once I applied for the Minister's Permit I got a conditional approval saying that I had to show resignations, tickets, visa cancellation, etc., in order to get the actual visa.

When it was closer to travelling time got the documents in and got the visa. Believe me or not, that was the EASY part! The harder (or longer) part is once you come back and have to play the waiting game.

I hope however, that the experience I share here are able to help you guys with the process.

 

[tstarks]

Sabuj,
thank you for your suggestion.
Having delievery is Canada is a good idea but I missed this chance.
I did not notice that getting a PR for a baby born ourside Canada is so difficult.

By the way, what was the conclusion of the disccusion in this tread?

If baby entered to Canada under TRP/TRV--> go through H. and C. (Alberta)
If the baby entered to Canada without TRP/TRV (i.e. visa waiver countries)--> then go through CHC-M.

Please correct me if I am wrong. thanks.

If baby entered to Canada under TRP/TRV--> go through H. and C. (Alberta) Yes
If the baby entered to Canada without TRP/TRV (i.e. visa waiver countries)--> then go through CHC-M. Don't know

Your other option is for one parent to come here after having the child and then apply through CPC-M and Buffalo. Apparently they will process that application as the child is not in Canada and you can get it in much shorter time frame.

 

[gaizin]

Hi tstarks,
Thanks for sharing your experience.
By the way, are both TRP/TRV entitled to OHIP after the wait time (3 months)?
In our case we will need to bring the child with his mom, so I an investing with Tokyo Office whether they will issue TRP or not?
By the way, how long it will take if you have a TRP for the child?

Best
Gaizin

 

[sabuj]

Child Tax (provincial and universal) is paid to TRP holders.

OHIP Card is also issued to TRP holders the period the TRP is valid for (I do not know about TRV). To renew the OHIP card they need the renewed copy of TRP since they need the number of renewed TRP to issue / renew OHIP card. In Ontario it is very clear; it may vary from province to province since health insurance program is provincial program, not federal. In BC they do not issue Care Card to TRP holder unless they are satisfied that PR application is in process.

Schooling is NOT an issue for TRP holders anywhere in Canada for those in school. In Immigration and Refugee Protection Act (2001, c. 27) Section 30 (2) it is very specifically mentioned that " Every minor child in Canada, other than a child of a temporary residence not authorized to work or study, is authorized to study at the pre-school, primary and secondary level." So, children of PR can go to school and schools cannot ask for any study permit. In Toronto the schools are well aware of the law; in BC they want to see the copy of TRP which supports the study period in school, i.e. you need to show them the renewed TRP every year unless the PR is approved.

 

[sabuj]

Thanks for advices.

OK...I am going with the current application being processed under H&C ground though I did not apply under H&C but In-Canada Application for PR Status (I used forms for sponsoring spouse and common law partner, as advised by CIC Call Centre rep. though it as not for spouse or common law partner, but son). Will I be asked to re-apply using forms for H&C by Vancouver? The on-line current status shows "in process". I have not received any communication from CPC Vegreville or Vancouver.

Waiting is not the problem while the application is in process. I have applied to change condition of TRP so that my son can even come back to Canada without travel document, if he goes out of Canada in emergency. The initial TRP said that exiting from Canada would invalidate the TRP while the renewed one says that exiting from Canada will NOT invalidate the TRP but he will require to take travel document.

Thanks for advices / suggestions.

 

[tstarks]

Child Tax (provincial and universal) is paid to TRP holders.

OHIP Card is also issued to TRP holders the period the TRP is valid for (I do not know about TRV). To renew the OHIP card they need the renewed copy of TRP since they need the number of renewed TRP to issue / renew OHIP card. In Ontario it is very clear; it may vary from province to province since health insurance program is provincial program, not federal. In BC they do not issue Care Card to TRP holder unless they are satisfied that PR application is in process.

Schooling is NOT an issue for TRP holders anywhere in Canada for those in school. In Immigration and Refugee Protection Act (2001, c. 27) Section 30 (2) it is very specifically mentioned that " Every minor child in Canada, other than a child of a temporary residence not authorized to work or study, is authorized to study at the pre-school, primary and secondary level." So, children of PR can go to school and schools cannot ask for any study permit. In Toronto the schools are well aware of the law; in BC they want to see the copy of TRP which supports the study period in school, i.e. you need to show them the renewed TRP every year unless the PR is approved.

Good info :thumbsup:

 

[tstarks]

Thanks for advices.

OK...I am going with the current application being processed under H&C ground though I did not apply under H&C but In-Canada Application for PR Status (I used forms for sponsoring spouse and common law partner, as advised by CIC Call Centre rep. though it as not for spouse or common law partner, but son). Will I be asked to re-apply using forms for H&C by Vancouver? The on-line current status shows "in process". I have not received any communication from CPC Vegreville or Vancouver.

Waiting is not the problem while the application is in process. I have applied to change condition of TRP so that my son can even come back to Canada without travel document, if he goes out of Canada in emergency. The initial TRP said that exiting from Canada would invalidate the TRP while the renewed one says that exiting from Canada will NOT invalidate the TRP but he will require to take travel document.

Thanks for advices / suggestions.

I am answering your PM questions here in the thread so other people can learn from the experience:

1. Timeline.
My application for H&C PR was received by CPC-Vergerville on 15th October 2010.
They opened and looked at the application to check completeness of documents by Nov 30, 2010 (1.5 months)
They transferred to Back log reduction office in Vancouver on Jan 16, 2011 (1.5 months)
I received a letter stating that my child is eligible for processing of PR application from within Canada Jun 24, 2011 (6 months)
Now...waiting on the approval of the PR application (ongoing)

2. Should I re-apply under H&C grounds considering my application has already been received and forwarded to Vancouver?
Short answer, I don't know. My GUESS is that if they have forwarded your application to Vancouver then (fingers crossed) they have already accepted it and moved on.
However, looking at the WORST case scenario if they do decide your application is not the correct one, then they might return it and ask you to re-apply under H&C grounds. I would call CIC call centre everyday until you get someone competent who can clarify this for you. The alternate is to apply on H&C grounds, but I honestly am not sure whether that application will then knock your old application out of the queue and your timer will start again from receipt of most recent application. Maybe more experienced people here can comment on this...

3. Did you apply under H&C?
Yes I did apply under H&C. This was my third application and unfortunately I lost almost 10 months because I was trying the CPC-M/Buffalo route which was a bad, bad decision. I had sent the H&C application in while my second application to CPC-M/Buffalo had been transferred to Alberta and was being evaluated by them. Fortunately I sensed that something was not right and found a competent CIC person who guided me and told me to apply pre-emptively on H&C grounds as he was 99% sure that Alberta would return my application; which they did.

General Tip: Contact your local MP. They helped us gain a lot clarity in our case. They were not able to speed up the process, but they really did help in talking to the right people who in CIC who were able to get a more proper status and time frames. It never hurts to pay them a visit with all your paperwork. Stress that you are a tax paying member of the community and it also helps to take your child there (I know, I know, emotional blackmail! lol)

 

[neng826]

Hi Guys, I already have our permanent resident application approved and got our visa last March 09, 2012. I already booked our flight on April 7, 2012. But I just found out that my other daughter is 3 months pregnant, I just went home to bring them to Canada with me, she's trying to hide it from me but recently she told me about it after we had our pre departure orientation seminar. Now I'm so worried I don't know what to do. Can you please help me? What's the right thing to do?

 

[sabuj]

I am answering your PM questions here in the thread so other people can learn from the experience:

2. Should I re-apply under H&C grounds considering my application has already been received and forwarded to Vancouver?
Short answer, I don't know. My GUESS is that if they have forwarded your application to Vancouver then (fingers crossed) they have already accepted it and moved on.
However, looking at the WORST case scenario if they do decide your application is not the correct one, then they might return it and ask you to re-apply under H&C grounds. I would call CIC call centre everyday until you get someone competent who can clarify this for you. The alternate is to apply on H&C grounds, but I honestly am not sure whether that application will then knock your old application out of the queue and your timer will start again from receipt of most recent application. Maybe more experienced people here can comment on this...

General Tip: Contact your local MP. They helped us gain a lot clarity in our case. They were not able to speed up the process, but they really did help in talking to the right people who in CIC who were able to get a more proper status and time frames. It never hurts to pay them a visit with all your paperwork. Stress that you are a tax paying member of the community and it also helps to take your child there (I know, I know, emotional blackmail! lol)

I talked to Call Centre and they have informed me that I do not need to send fresh application under H&C. Information provided by me in my application is sufficient to process the file - despite that if they need additional information, they will contact me.

Processing time: they have mentioned that in those cases like my one the process is SIMPLE. They work keeping this in mind always that the minor child will live with parents in Canada and that makes the process easy - they can avoid some steps which are required in case the sponsored is adult.