Being a PR , need to take non PR daughter to canada ... pls guide Leon, PMM ??

[anaesthetist]

Hey ... Me, my wife n elder daughter are permanent residents of canada effective march 2011. but due to my studies hav been living in our home country (pakistan) since. while in Pakistan my wife gave birth to another daughter who is hence not a PR. Now that I hav completed my studies, I wish to move to canada. the Q is how do I take my younger daughter to canada . given the current siituation of pakistan , it is not an option for me to go alone first and sponsor my kid while there .. or for my wife to go alone first n sponsor as my daughter is on mothers feed. kindly guide ... wht are the chances of getting a visit visa for my daughter n take her along with us , n whistle thr , sponsor ... thnk u ....

 

[PMM]

Hi

Hey ... Me, my wife n elder daughter are permanent residents of canada effective march 2011. but due to my studies hav been living in our home country (pakistan) since. while in Pakistan my wife gave birth to another daughter who is hence not a PR. Now that I hav completed my studies, I wish to move to canada. the Q is how do I take my younger daughter to canada . given the current siituation of pakistan , it is not an option for me to go alone first and sponsor my kid while there .. or for my wife to go alone first n sponsor as my daughter is on mothers feed. kindly guide ... wht are the chances of getting a visit visa for my daughter n take her along with us , n whistle thr , sponsor ... thnk u ....

1. You will have to apply for either a TRV (which likely be refused) or a Temporary Resident PERMIT, which has a better chance.
2. If either a TRV or TRP is issued, then you take your daughter to Canada and sponsor her. Request 1 year admission on entry.
3. If neither is issued, then either your spouse or you will have to return to Canada and sponsor the child while she remains in Pakistan.

 

[anaesthetist]

hey ... thank u for the reply. 2 more Qs

1. Why is the TRV likely to be refused
2. Is it possible tht I tell the canadian high commision tht my wife is just going for a visit (a couple of weeks for a weeding for something) n taking my daughter with her. will thy issue my daughter a TRV thn ...

 

[frege]

hey ... thank u for the reply. 2 more Qs

1. Why is the TRV likely to be refused
2. Is it possible tht I tell the canadian high commision tht my wife is just going for a visit (a couple of weeks for a weeding for something) n taking my daughter with her. will thy issue my daughter a TRV thn ...

1. I imagine the TRV might be refused because your daughter would be staying in Canada permanently, not just visiting. In this situation they can issue a "temporary residence permit" for "early admission" as a PR. However, it is possible you could obtain a TRV if they believe you have "dual intent," meaning you would take your daughter out of the country if her sponsorship wasn't approved.

2. You should tell the truth. It's better to tell the truth and go through a more complicated process than to take a chance by saying they're just visiting if that's not true. If you say they're just visiting, CIC may guess what's happening and start asking more questions.

There is nothing wrong with you and your wife wanting to move back to Canada, and it's something you're entitled to do. Then your daughter will be entitled to be sponsored. The only problem is that you don't want to leave her behind in Pakistan; that is perfectly normal. The TRP is for exceptional cases like yours.

 

[anaesthetist]

thnk u for the reply.

Is it possible to apply for a TRP before a TRV or its mandatory tht u must a refused TRV before u may apply for a TRP.

 

[frege]

thnk u for the reply.

Is it possible to apply for a TRP before a TRV or its mandatory tht u must a refused TRV before u may apply for a TRP.

I think you don't apply directly for the TRP.

You apply for the TRV and include arguments that your daughter should be allowed into Canada on humanitarian & compassionate. Then if the visa officer decides she isn't eligible for a TRV, he looks at the H & C reasons and decides whether to issue a TRP.

So you would need to say why it would be difficult for your wife and daughter to stay in Pakistan without you during sponsorship.

Here is what Manual OP 20 says:

Clients do not initially submit applications for temporary resident permits. They apply for visas or
other permits (i.e., work or study permits).

While dealing with these applicants, the officer may discover they are inadmissible. At this point,
the officer may consider whether a TRP is appropriate.

http://www.cic.gc.ca/english/resources/manuals/op/op20-eng.pdf

The relevant part of this document for you is 5.15 "Early Admission."

 

[anaesthetist]

thnk u for the post. reading up on the TRP I came across this

[pre][center][center][center][center][center]There is no provision to allow members of the permit holder class to include family members on their applications for permanent residence. At the time of their original entry into Canada, members of the permit holder class are inadmissible under paragraph A42(b) on grounds of being an accompanying family member of a foreign national who is inadmissible under A38(1) or A42(a). [65(b)(i)] Consequently, they would require their own permit. In order to be considered for permanent residence, such individuals would need to submit their own applications under the permit holder class as principal applicants.

Family members living abroad who are eligible for membership in the Family Class may be sponsored once a member of the permit holder class has attained permanent resident status. 

If accepted in the permit holder class, an applicant is not required to pay the right of permanent residence fee, provided they are a dependent child of another member of the permit holder class who has already submitted an application for permanent residence.[/center][/center][/center][/center][/center]

[/pre]​

Could someone kindly explain the above.

 

[frege]

thnk u for the post. reading up on the TRP I came across this

[pre][center][center][center][center][center]There is no provision to allow members of the permit holder class to include family members on their applications for permanent residence. At the time of their original entry into Canada, members of the permit holder class are inadmissible under paragraph A42(b) on grounds of being an accompanying family member of a foreign national who is inadmissible under A38(1) or A42(a). [65(b)(i)] Consequently, they would require their own permit. In order to be considered for permanent residence, such individuals would need to submit their own applications under the permit holder class as principal applicants.

Family members living abroad who are eligible for membership in the Family Class may be sponsored once a member of the permit holder class has attained permanent resident status. 

If accepted in the permit holder class, an applicant is not required to pay the right of permanent residence fee, provided they are a dependent child of another member of the permit holder class who has already submitted an application for permanent residence.[/center][/center][/center][/center][/center]

[/pre]​

Could someone kindly explain the above.

This says that if a person with a TRP becomes a permanent resident, then that person's spouse and children can't become permanent residents as part of the same application.

 

[anaesthetist]

thnks a lot frege ... big big help