Complicated Sponsorship

[TheAntiBody]

Yeah I'm so sorry !
I was at work until now .

I know for my short life experience that :
as the size of expectation also the size of the disappointment

I'm reading the comments and I'm little bit shocked .

I really want to hire a lawyer so I can explain why my mom didn't signed me from the beginning.
Do you think that I can success ?

 

[canadianwoman]

TheAntibody: your mother is in Canada - has she already `landed`, as in, has she already used her PR visa to enter Canada? It sounds like she has, in which case she cannot add you to her sponsorship. The letter from the government specifically says that you were not examined at the time of your mother`s PR application and therefore cannot be sponsored. This means that when your mother sent in her application for a PR visa, she was supposed to include you as her dependent, and have you get a medical exam. She did not do so, and so cannot sponsor you now.
Before the age of 22, a child is generally considered a dependent for the purposes of immigration, even if they are not in school - note that the rules for who can be included as a sponsored child say 1. under 22, or 2. in school since before the age of 22 and dependent on the parent, or 3.... Your problem is not that you were not in school, your problem is that your mother did not have you medically examined at the time of her PR application.
I suggest you forget about having your mother sponsor you. You are in Canada with a work permit, so it may well be possible to qualify to immigrate to Canada on your own, through being a skilled worker, the Canadian experience class, etc.

 

[Worried2008]

I think her Mom just got PR and hasn't landed yet. .She didn't enter Canada on a PR.
The Antibody you really need to hurry up . I guess at landing she again has to declare about her dependents.
If she could apply after landing it should be before the new rule.

 

[frege]

Hello TheAntiBody,

Could you please tell us which of the following applies?

A) Your mother has already become a permanent resident (called "landing").

B) Your mother has already received the document that will allow her to become a permanent resident (probably a "confirmation of permanent residence" or COPR), but is not already a permanent resident.

C) Your mother has begun the process to become a permanent resident, but has not yet received approval. CIC has not yet issued a COPR.

I think that in case A, it will probably be impossible for you to be sponsored by your mother or her husband in the future.

In cases B and C, I think it is still possible, but you will need to hurry. Your mother and her husband would need to submit an application for you before you turn 22, and before the end of 2013.

I think that in case B, your mother will probably need to return her documents to CIC and start a new application for her and you, but Scylla said this might not be true. This will delay her becoming a permanent resident. In case B, if your mother and her husband want to help you immigrate to Canada, She should NOT become a permanent resident until she has received legal advice.

In case C, she may be able to modify her current application, but you will need to check with CIC whether this is possible. This will probably be much easier if she does it before CIC issues her COPR. In case C, she should contact CIC immediately to tell them she wants to make you an "accompanying family member".

If you are close to your 22nd birthday, you really need to hurry.

Edit:

It's not very clear from what you've written whether your mother and her husband want to help you immigrate. You can only immigrate to Canada through them if they apply to help you immigrate.

First, they may need to pay new application fees. Also, your mother's husband will need to agree to "sponsor" you until you turn 25. This means that if you go on welfare before you turn 25, he will need to pay that money back to the provincial government. (Welfare is money that the government pays you if you are very poor.) So if they are convinced you won't be on welfare for the next three or four years, this should not be a problem.

 

[TheAntiBody]

Hello every one again , i really appreciate your time and your advices !

"canadianwoman" , "worried2008" , "frege" :

Yes my mom already landed , as i know she came over here since 2009 , she began the permanent resident process only at July 2011.
I must say again , the reason i wasn't examined at the time of the process it's because i was serving in the Israeli army and i didn't know when i will finish my service there , so of course she didn't know also , she didn't want to lie or signing me with no reason .

There is any chance i can appeal on that?

My mom didn't arrived Canada with a Pr.
She just received a latter from the government says that her application is completed and she is entitled for temporary resident until 15th at January . ( i guess after 15 at January 2014 , she will be permanently resident here)

Guys maybe I'm wrong?

This what the latter say's :

Your temporary resident status is valid until 25 January 2014. You must have legal temporary

resident status in Canada to remain in the country legally. Having legal temporary residence

status means you have a document issued by Citizenship and Immigration, which allows you to

remain in Canada for the period of time specified on your visitor document (work permit, study

permit) or on your temporary resident permit. Although out-of-status spouses and common-law

partners may now apply for permanent residence in the Spouse or Common-law Partner Class,

persons without legal immigration status in Canada may be subject to removal proceedings at

any time for failing to have or maintain legal immigration status in Canada.

CIC will process your application for permanent residence on a first-come first-served basis.

However, we receive large volumes of applications for permanent residence and cannot

guarantee that all processing procedures will be completed before your temporary residence

status as a visitor, worker, student or permit holder expires. Should you need to extend your

status, please obtain the “Application to change conditions, extend my stay or remain in

 

[frege]

My mom didn't arrived Canada with a Pr.
She just received a latter from the government says that her application is completed and she is entitled for temporary resident until 15th at January . ( i guess after 15 at January 2014 , she will be permanently resident here)

Guys maybe I'm wrong?

This what the latter say's :

Your temporary resident status is valid until 25 January 2014. You must have legal temporary

resident status in Canada to remain in the country legally. Having legal temporary residence

status means you have a document issued by Citizenship and Immigration, which allows you to

remain in Canada for the period of time specified on your visitor document (work permit, study

permit) or on your temporary resident permit. Although out-of-status spouses and common-law

partners may now apply for permanent residence in the Spouse or Common-law Partner Class,

persons without legal immigration status in Canada may be subject to removal proceedings at

any time for failing to have or maintain legal immigration status in Canada.

CIC will process your application for permanent residence on a first-come first-served basis.

However, we receive large volumes of applications for permanent residence and cannot

guarantee that all processing procedures will be completed before your temporary residence

status as a visitor, worker, student or permit holder expires. Should you need to extend your

status, please obtain the “Application to change conditions, extend my stay or remain in

Are you sure you understand the meaning of "landed"? "Landing" means becoming a permanent resident. If she is a permanent resident, she doesn't need temporary resident status, so I don't understand why she has this document.

What date was this document sent to her?

Is this the last document she received?

You said she completed the permanent resident process a week ago. What happened a week ago?

 

[TheAntiBody]

Well maybe i was wrong?


She received the document at 06/27/2013


I thought that this document means her application approved finally and she receives temporary resident until her permanent one..

So if that document says she is eligible for temporary resident , that doesn't means she is a permanent resident yet right?
And if so , there is something we can do now , to let her or her husband , sponsoring me?

 

[frege]

Well maybe i was wrong?


She received the document at 06/27/2013


I thought that this document means her application approved finally and she receives temporary resident until her permanent one..

So if that document says she is eligible for temporary resident , that doesn't means she is a permanent resident yet right?
And if so , there is something we can do now , to let her or her husband , sponsoring me?

The letter says that her application for permanent residence will be studied. She is not a permanent resident. Also, the document doesn't say she will become a permanent resident on January 25, 2014. It says she is allowed to stay in the country until then. If her permanent residence application hasn't been approved before then, she will need to extend her status in Canada.

So this is "Case C" in my post above. I believe you can still immigrate to Canada if your mother and her husband sponsor you.

I have a couple more questions for you.

You mentioned a document where CIC wrote that you had been excluded from the application. Was it this letter?

Also, when do you turn 22?

 

[TheAntiBody]

Yes it's the same letter.

I will become 22 at 12th January 2014

 

[frege]

Yes it's the same letter.

I will become 22 at 12th January 2014

All right. Ask your mother and her husband to change their application so that you will be an "accompanying family member". They need to do this by Dec. 31, 2013. It is much better if they do this before your mother's application for permanent residence is approved. The sooner they do it, the better.

I would suggest that you, your mother, and your mother's husband make an appointment to see a lawyer specialized in immigration in the next couple of weeks. The lawyer will explain the procedure. He can explain to your mother and her husband what their responsibilities will be if they sponsor you. Also, he can help them avoid any mistakes in the application. It's important to avoid mistakes because there are only a few months left, and CIC might take too long to tell you about the mistakes.

I am not certain, but it seems possible that CIC will have questions about why you were excluded from the application. The main problem is if CIC thinks that your mother or her husband lied about something. This is one reason it may be important to get legal advice. You said you were in the Israeli military during this time. Probably, it would be better for you not to discuss the reasons here beyond that.

By the way, unless I'm mistaken, during the application process, you could have been examined by an approved doctor in Israel. There are two approved doctors in Tel Aviv. You didn't need to come to Canada for that.

 

[TheAntiBody]

Yes! of course!

So that means my mom can add me to the application with out canceling her application and open a new one that includes me?

Wow you just made me so happy! i want to hug you!

Thank you very much , i will find out tomorrow morning when i can meet them and i will let them know about that!

So there is some on that can give me a tip where i can find a good immigrant lawyer ?

 

[frege]

Yes! of course!

So that means my mom can add me to the application with out canceling her application and open a new one that includes me?

Wow you just made me so happy! i want to hug you!

Thank you very much , i will find out tomorrow morning when i can meet them and i will let them know about that!

So there is some on that can give me a tip where i can find a good immigrant lawyer ?

I'm glad I was able to help.

She can probably add you without cancelling her application, but nobody here is certain about this.

Where do you and your mother live? Knowing that will help people recommend a way of finding a lawyer.

 

[TheAntiBody]

because of my work I'm at calgary
my mom lives in onterio

 

[frege]

because of my work I'm at calgary
my mom lives in onterio

Here are a few starting points for Ontario (the law society and a couple of non-profit organizations):

http://yourlegalrights.on.ca/find-services

http://www1.lsuc.on.ca/specialist/jsp/namelist1.jsp?code=CII&region=

http://www.lsuc.on.ca/faq.aspx?id=2147486372

http://www.justicenet.ca/Justicenet_Brochure_HE.pdf

For Alberta:

http://www.lawcentralalberta.ca/alink/default.aspx

http://www.lawsociety.ab.ca/public/lawyer_referral.aspx


I can't recommend any specific lawyers, unfortunately.

 

[TheAntiBody]

David cohen ?