Bringing a child born outside Canada for PR parents

[nawahdah]

I received my PR in 2010 as well as my wife and the two kids.
However, after 1 month of landing in 2010, I received a PhD scholarship to Japan.
I accepted the scholarship and I will complete my degree in 2 months.

OK

During my time here in Japan, my wife gave a birth to a 3rd child.
Now my daughter is 1 and half year.
I was hoping that she gets a Japanese citizenship (since we are originally from Palestine which is not an independent country. But 2 years ago, Japan started recognizing Palestine and stopped giving citizenship to Palestinian –bad luck-),

So in 2 months I am planning to move back to Canada… but since my daughter has no PR ..
I am a little bit confused, what is the best way to proceed avoiding splitting the family in two parts?

Your recommendations are highly appreciated…
In Japanese “どうもありがとうございます”

 

[Sweden]

Hello,

You will have to sponsor your daughter for PR, and for children it can only be done outland.
You need to wait until you are back in Canada to start the sponsorship process ( either you, or your wife), as you are both PR and not citizens, you need to be physically inside Canada.
What you could do is prepare the application and have one of the parents go to Canada, as soon as one of you is in Canada, you can send the PR application.
Then you need to apply for a visitor visa for your daughter. Make sure that you include the information that you have applied ( or will be applying) for her PR and explain your situation. Hopefully she will be granted a visitor visa then the whole family can move to Canada and wait for her PR to go through.
Since both your daughters are already PR and your wife as well, it should help to get the visitor visa for your last daughter.

So you can either decide to split the family and have one of you go first, and apply, or wait until the whole family moves. However, I would already prepare the forms, and pay the fee for the PR ( even if you can not send the file until you are in Canada), so you can include that information when you apply for the visitor visa for your daughter.

As she is born in Japan, I suppose you could choose Manilla VO as your visa office (waiting time 11 months), or depending on where in Palestine you are from: if Gaza, then it would go through Cairo (14 months), if West Bank, it would go through Tel Aviv (7 months). AN interview for a child is very unlikely and the process should be smooth, especially that the rest of the family already has a PR.

First stage is currently at 43 days, and for the second stage it's more unpredictable, as it can go faster than the average time indicated on the website. If your daughter's visa is about to expire before you get her PR, make sure you ask for an extension so she doesn't fall out of status (there is no implied status for outland application).

Good luck,
Sweden

 

[Leon]

It sounds like you are cutting it close with the time. You know as a PR, you are allowed to be outside Canada for up to 3 years in your first 5 years as a PR without losing your PR status. Depending on when you left in 2010, you have to be back before the same day/month in 2013.

Applying for a TRV for your child to enter Canada could be refused based on the intention not being for her to just visit Canada but to stay temporarily. You then have two options. 1) you or your wife go to Canada, with or without the other kids and apply to sponsor your daughter from outside Canada with the other parent waiting with the daughter in Japan or somewhere else where they have a visa to be or 2) apply for a TRP, ministers permit, to take your child to Canada on H/C grounds. If you are accepted, you can all go to Canada together but you must apply to sponsor her. We used to advise people to apply outland but recently people have been told that they need to apply inland on H&C grounds if they have a child on a TRP. However, that is a later time problem. First you need to get to Canada in order to stay with in your residency requirements.

 

[nawahdah]

@ Sweden

Thanks a lot for the information... I am aware of all this information...
I am looking for a solution which doesn't include splitting the family apart...
My Japanese residence will expire at the moment I finish my PhD study in 2 months... and the situation in Palestine is not that safe to leave the family alone by themselves there...

 

[nawahdah]

@ Leon

Thanks for the information as well....

I am interested in more information about the TRP and H&C grounds ... this might be a good solution which keeps my family together...

Regarding the total time... I am also aware of this point and I will be in Canada as soon as I finish from Japan, which gives me a 1.5 months to apply for something for my daughter ...

Whats makes the situation worst.. is that my daughter has no passport yet... in order to get a Palestinian passport, she has to be approved by Israel when she goes back physically to the Palestinian area...


By the way, can I start the process of TRP or sponsorship for a person who has no passport yet????

 

[Leon]

@ Leon

By the way, can I start the process of TRP or sponsorship for a person who has no passport yet????

I have no idea. You should talk to the embassy and ask them what they can do for you.

 

[nawahdah]

Regarding the TRP thing...
From reviewing others posts... I found that there is no TRP application...
I have simply to fill the normal TRV application and append to it a letter asking for TRP based on H&C grounds...

Is this correct??

 

[sharmi131]

Hi,

As it is mentioned that in worst case, one of the parent should travel to Canada and sponsor the child born outside Canada, so my question is, say suppose if my husband travel to Canada and sponsor the new born, then how long does my husband needs to stay in Canada? Can he just submit the sponsorship application for our new born child in Canada and then leave Canada and wait in our present location (Copenhagen, Denmark)till the application is processed?

 

[Leon]

Are you Danish? If you are Danish, you are visa exempt to Canada and will not have a problem taking the child with you to Canada before you sponsor. If you are not visa exempt and can't get a visa for your child, your husband would have to stay in Canada throughout the sponsorship processing time.

The rules say that a PR must reside in Canada to sponsor. It is not enough to go to Canada, file for sponsorship and then leave again. If immigration finds out that your husband is not in Canada, they have every right to cancel the application.

 

[Rob_TO]

It sounds like you are cutting it close with the time. You know as a PR, you are allowed to be outside Canada for up to 3 years in your first 5 years as a PR without losing your PR status. Depending on when you left in 2010, you have to be back before the same day/month in 2013.

Wouldn't his wife and 2 children also need to come back to Canada at the same time also, to maintain all their PR statuses?

If one or several of them wait in Japan while the 3rd child is being applied for outland... then it sounds like while waiting out the application process they will violate the 3-out-of-5 years rule and have their PRs revoked. Unless there is some other rule regarding family members of the principal applicant.

 

[boost]

Hi All
I need all off your help to get information for child sponsorship.

I recently got my PR and I moved to Canada one month back. Me and my wife having Canada PR and my first girl baby she born in Canada (She is Canada Citizen).
Now problem is for my second kid, he born in India – he is 4 months now.
I alone came to Canada and I got my job last month(Dec 2012 ). Now I am trying to bring my family.
Problem is, I asked Visitor Visa for my second baby. But Delhi Immigration told me that they can’t provide Visitor Visa whose parents are holding PR. They ask me to apply sponsorship to my baby.
I am ok to do that. But it is taking nearly 8 month time.
Actually my wife planning to come in Feb end. We can able to leave my 4 months baby in India.
So could you please help me with any suggestion to bring my baby along with my wife.
When I saw this chain mails. Someone mentioned about “H&C grounds” . This is any notary or same like Invitation letter. Someone could you please explain me about this. If it is any acceptance from Immigration, then how to get it.

 

[Leon]

Wouldn't his wife and 2 children also need to come back to Canada at the same time also, to maintain all their PR statuses?

If one or several of them wait in Japan while the 3rd child is being applied for outland... then it sounds like while waiting out the application process they will violate the 3-out-of-5 years rule and have their PRs revoked. Unless there is some other rule regarding family members of the principal applicant.

If they still have valid PR cards, it is unlikely that they will be reported for not meeting the residency requirements as they enter Canada in which case they can just stay in Canada for a full 2 years and then meet the residency requirements again.

If they do get reported on entry for not meeting the residency requirements, they can base their appeal on having had to stay with a baby outside Canada because they could not get a visitor visa for it. They would have a very good chance of winning that appeal.

Worst case, if they lose that appeal, the one who went back and still meets his PR requirements can sponsor the rest of them again for a new PR.

The important thing is that at least one parent returns to Canada in time to sponsor while they still meet the residency requirements because you need to meet the requirements in order to be able to sponsor someone.

 

[borobhai]

Regarding the TRP thing...
From reviewing others posts... I found that there is no TRP application...
I have simply to fill the normal TRV application and append to it a letter asking for TRP based on H&C grounds...

Is this correct??

Dear nawahdah,
I fall in the same problem. Do you have any update regarding this issue.

Or any other guys with any convenient idea?


BB

 

[screech339]

My concern is that since both parents are PRs, it is not enough for just one of the PR parents to return to Canada to sponsor the child. If the other PR parent stays with the child while the other is in Canada, the other PR parent with child could risk losing PR status if he/she do not meet residency requirement to maintain PR by staying outside Canada too long.

Screech339

 

[screech339]

Hi,

As it is mentioned that in worst case, one of the parent should travel to Canada and sponsor the child born outside Canada, so my question is, say suppose if my husband travel to Canada and sponsor the new born, then how long does my husband needs to stay in Canada? Can he just submit the sponsorship application for our new born child in Canada and then leave Canada and wait in our present location (Copenhagen, Denmark)till the application is processed?

@sharmi131,

It depends on your husband's status. Is he Canadian or PR? If he is PR, then he would be required to stay in Canada the entire time of process due to PR requirement. If your husband is a Naturalized Canadian, then the child is Canadian. However if your husband is 2nd generation Canadian, the child is not Canadian and thus required to be sponsored to come to Canada. He is not required to be in Canada to sponsor the newborn to Canada. He can start the process while in Denmark. Once the child is in Canada under sponsorship, assuming husband is 2nd generation Canadian, then the child can gain Canadian Citizenship waiving 3 year residency requirement.

Screech339