Chlidren Sponsorship and PR Renewal

[hwym69]

Hi All,
My story Is complicated but actually I am writing now for your advices and to be a practice for others.
I have landed with my husband and two children on 2003, then I have renewed the PR cards on 2008 as we stayed on that time an intermittent 730 days, but actually during that period ( 2003– 2008) I delivered a son outside Canada ( on 2007 ).
Due to my mother serious disease we left Canada on November 2008 and lived outside Canada with short periods intermittent visits to Canada.
On 2009, I delivered another Son outside Canada.
I went back to Canada alone on October 2011, and I am still living here, I have applied on Nov. 2011 to sponsorship the two children ( were born outside Canada ), on Jun2012 the Immigration called me over the phone and they asked me that “for how long you were in Canada for last five years ?, I told them the Truth which was almost 8 month 240 days only ( up to Jun2012 ) . the PR card expiry date will be Sept.2013Actually I missed my children too much, and I don’t know what I have to do now ?? Shall I go back home staying with them and wait the immigration response? or shall I stay here ( it’s very difficult for me now ) waiting for any reply from immigration ? or if I go to see them for 2 weeks, shall I face any problem with immigration / airport entry ?? and what your expectation for the sponsorship itself ??
Actually I am not optimistic for immigration response!! But I don’t know what I have to do on the moment.

 

[Leon]

There was another person in a similar situation who won their PR back after an interview. Try to get proof of your mothers illness and if you are called for an interview, you can prove that your mother needed you. This will really help in convincing them that you should keep your PR.

 

[hwyf]

Thx Leaon i am following Farid case it's similar case as you told, actually for PR renewal itself i am not worried, i am scary if the immegration does not accept the children sponsorship and when they will response?? as i couldn't to continue here without them any more.

 

[Leon]

If you leave now while your PR is under investigation, your sponsorship will be cancelled and you will lose your PR. If you keep your PR, your sponsorship of the children will go through. If you decide that your PR is not important and you would rather go home now and live with your children at home, that is your choice. If you want to keep your PR for yourself and your children to bring them to Canada with you, you should hang on.

 

[hwym69]

If you leave now while your PR is under investigation, your sponsorship will be cancelled and you will lose your PR", why ?? you mean that, if i leave for two weeks only to see my chidren and come back they will cancel it !!
when i said "i am not worried for PR" i meant that i have intention to complete the 730 days,
but my question, does the immegration will response before complete 730 days ??

 

[Leon]

Maybe you will get away with leaving for a short time and coming back again but I wouldn't risk it in your situation. Keep in mind that you do not meet the residency requirements. Once you have been a PR for more than 5 years, you should always keep the residency obligation of 730 days in any rolling 5 year period. Once you get caught, it is not enough that you intend to because you already didn't.

 

[L7]

Thx Leaon i am following Farid case it's similar case as you told, actually for PR renewal itself i am not worried, i am scary if the immegration does not accept the children sponsorship and when they will response?? as i couldn't to continue here without them any more.

You are a courageous individual. It is very hard to live separate without children, i can imagine that feelings.

Try to communicate with CIC office responsible for sponsorship. Phone them again & again and also write letters to the office state that the children are at very young age, minor and nobody is there to take care of them and being a mother you are always worried about them and emotionally disturbed, due to the emotional connection you are unable to concentrate on your daily routine matters, etc. etc. So based on the situation sponsorship process may please be completed on priority.

Speak, Communicate and Convey your problems, that is how things are done on priority. If you do not communicate that means you are OK and your children are also fine but actually the situation is opposite.

what about facilitation visa for children, please explore this option too, i do not know about it.

I wish you good luck and pray for your early +ve settlement of the case.

 

[hwym69]

Leon, many thanks for your advice, i'll leave end of Sept.2012 for 3 weeks only to see my children, i think the immigration aware now that, i am not meet the residency obligation ( as i told them already over the phone, and i don't know what is their reaction yet ), hope it'll going well and i'll update you.
L7, it's great to hear from you such support and encourage, but some lawyer advised me to not try to communicate with immigration at all in this stage ( unless they are not calling me ), so the period for investigation will be finish by 3rd of Nov.2012 ( as CIC mentioned on their letter – 12 month from application issue date ). After that date, I’ll try to communicate with them, is it right??.

 

[Leon]

If you leave, at least make sure you have a reliable person checking your mail and messages to see if immigration tries to get in touch with you. You are already under investigation by immigration and they know where you live so you have to talk to them if they want to talk to you. However, the lawyer is right that you do not have to talk to them unless they talk to you first. I do not see how it matters if you talk to them in October or November though.

 

[farid-]

OK
no matter what the situation is don't go Leon is right i am not scarring you but they will bother you on your way back think like that you are doing it for your kids i am also a mother can understand your situation but be strong and try to get them here by all means otherwise what's the point of coming here going through all hardships and going back. your kids might have been adjusted without you by now so do the right thing and don't risk it sister.

 

[hwym69]

I agree with you Farid, and thanks for your support, but really both are difficult now for me, especially the medical reports for sons were expired 10th Sept., and i have not received any response from the Immigration yet.
the Lawyer advised me to postpone this trip to end of October may be i have something new.
Can i ask you one question please, how the Immigration contacted with you for interview?? Sometimes i missed Calls and no answers when i try to call these numbers.

 

[farid-]

OK listen carefully sister first of all no need to be that scared and disappointed by cic response.
two reasons:1. you are not a criminal you over stayed fine it's a mistake not a crime and
2. you were committed enough to fulfill residency requirement that's why you came back even without your kid's right and that itself shows your commitment. in my case as well i told them in interview that you can see my commitment i couldn't leave my son he was on my feed but the moment he left that i came hereto fulfill residency requirement so be strong and be positive, you are tense for no reason. don't forget your pr is still valid till Sep. 2013

now towards your questions.
1. towards your son's medical it's not a big issue can be done again if required they might ask me again for my son. so no worries.
2. i was in same situation when i applied for sponsor it was i think may 2011 and pr was expiring on Aug. 2011. so my situation was worst but sponsorship application for my son still got accepted.

3. if you are missing calls if you have given them your cell or land line get a voice mail so in that way they can still leave a message and you will have some piece of my mind.

4. i got residency questionnaire before interview. and even before that they asked me what arrangements you made for your son to come here stuff like that i was positive that my son case is close however.
5. got residency questionnaire issued in end of Feb. i think
6. after that in April got a letter from cic for interview on may 3,2012 and got another letter on Aug 16.2012 that your status is not revoked.

so you are in better situation and still losing hope and panicking. i understand it's hard but it's not impossible if you can come here without your babies you can also survive without them for few more months so they can come here one day.
if you go now they will be again attach with you plus you as a mother will be in a same situation and again it will be difficult for you to leave them and come again.
and above all if you get an interview at any stage that can look bad in away that you went again plus you will lose those days which you spent back home towards your residency 730 days.

and hopefully both of your kids will be here even before your pr expiry so think positive, be strong and don't panic you made a mistake like most of us did of overstaying for whatever personal reasons but again it's not a crime.
best of luck
all my case is in forum with exact dates.

 

[taco]

hwym69
if you leave canada whilst have a sponsorship application for your kids, then you are risking
getting your application rejected.
i had the same issue with my son.
law states if you are a permanent residents and sponsor your kids then you have to be residing
in canada for the period your application is in process until getting the approval.
it is unfair for parents and kids but this is the immigration law.
Also your sponsorship application is taking longer than anticipated, therefore maybe you should call
immigration to follow on it or sent an e-mail to the local office where your application is.

 

[hwym69]

Farid, Taco, and Leaon thank you very much for your advices and support, Actually i am still Waiting ... waiting.... waiting. >.really it's a horrible. i am not that much scared but i am really frustrated. No response, No replies, these are the bad issues.
Taco, are you sure this is a part of Immigration law that i can not to leave Canada during the sponsorship process ??? Leaon, would you please confirm? i believe the answer will be important for many people whom suffering from the similar WAITING.

 

[Leon]

If you had met the residency requirements and were sponsoring, I would say ok to take 2-3 week vacation but your problem is that you do not meet the residency requirements and you are already under investigation for that. That is why you should stay.