Complicated Sponsorship

[Worried2008]

Best thing would be your mom or Step Dad call immigration canada.Talk to a rep.Even you can do that.Ask them you want to add someone in the application which forms you need?
Since your mom hasn't landed yet ,she can update any change in her situation/family status.
She could send these forms back to her visa office (where her application was being processed) with a cover letter Clearly stating that she wants to add as her dependent. She should also provide all her details and file number.

Fill out these forms for you and send along with letter.
Schedule-A and IMM5406

mY suggestion would be don't waste time and start communication with cic.At least your request would be there and they will guide you better.

I hope every thing goes smoothly for you.

 

[TheAntiBody]

Best thing would be your mom or Step Dad call immigration canada.Talk to a rep.Even you can do that.Ask them you want to add someone in the application which forms you need?
Since your mom hasn't landed yet ,she can update any change in her situation/family status.
She could send these forms back to her visa office (where her application was being processed) with a cover letter Clearly stating that she wants to add as her dependent. She should also provide all her details and file number.

Fill out these forms for you and send along with letter.
Schedule-A and IMM5406

mY suggestion would be don't waste time and start communication with cic.At least your request would be there and they will guide you better.

I hope every thing goes smoothly for you.

My mom already landed , she is in Canada since 2009..

So she still can add me to her application ?

 

[frege]

My mom already landed , she is in Canada since 2009..

So she still can add me to her application ?

When talking about immigration to Canada, to "land" means "to become a permanent resident."

 

[TheAntiBody]

When talking about immigration to Canada, to "land" means "to become a permanent resident."

Oh sorry ! so no , she is a temporary resident until january 15th 2014

 

[Worried2008]

So you can ask her to start the process.

Just remember few steps. It will make you and the immigration department understand each other clearly.

Your Mom came as a visitor to Canada.
Got married applied for PR.
Got documents and needs to land before January 2014.
She can update immigration Canada of any changes before landing..

Now all you need to know is talk to immigration Canada. May be you won't need a lawyer.

 

[frege]

So you can ask her to start the process.

Just remember few steps. It will make you and the immigration department understand each other clearly.

Your Mom came as a visitor to Canada.
Got married applied for PR.
Got documents and needs to land before January 2014.
She can update immigration Canada of any changes before landing..

Now all you need to know is talk to immigration Canada. May be you won't need a lawyer.

I don't entirely agree with you.

I agree that the most important thing is that his mother should not land until the changes have been made to her application. Also, AB must be added to his mother's application before the end of 2013, because of the change in regulations on Jan. 1, 2014, and his 22nd birthday on Jan. 12, 2014. However, she does not need to land by January - that is how long her temporary status in Canada is valid for. The age requirement of being under 22 is evaluated on the day of application, not the day of landing.

Also, I think the fact that he will be added to the application after being removed is a good reason to speak to a lawyer before contacting CIC. CIC may be suspicious and want an explanation for this. It is possible there are other complicating factors here as well.

 

[Worried2008]

Hi frege
I am not very aware of dependent or spousal immigration. I was just assuming.

I didn't know he was removed and what reason his Mom gave at that time? He is under 22 so he can be added I guess. But lawyer will also make them to fill out the forms and request on their behalf to cic at this time.

So if his Mom had declared him as unaccompanied dependent? He should have gone through the medical.
Now if hasn't gone through the medical ,what reason his Mom provided? Or did he sign that he will never apply for immigration as a dependent?
Since he is under 22 ,can he or his Mom change their mind? Or not.

I remember many cases like this on Canada v ,but never followed.
TheAntiboby if you have time you can search and see how people proceeded?

 

[frege]

Hi ferge
I am not very aware of dependent or spousal immigration. I was just assuming.

I didn't know he was removed and what reason his Mom gave at that time? He is under 22 so he can be added I guess. But lawyer will also make them to fill out the forms and request on their behalf to cic at this time.

So if his Mom had declared him as unaccompanied dependent? He should have gone through the medical.
Now if hasn't gone through the medical ,what reason his Mom provided? Or did he sign that he will never apply for immigration as a dependent?
Since he is under 22 ,can he or his Mom change their mind? Or not.

I remember many cases like this on Canada v ,but never followed.
TheAntiboby if you have time you can search and see how people proceeded?

From the Immigration and Refugee Protection Regulations:

117. (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
[...]
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

The problem arises only after she becomes a permanent resident.

 

[canadianwoman]

OK, I think the situation is (fairly) clear now. Your mother has temporary resident status until January 2014. She will not become a permanent resident necessarily in January 2014 - that is just when her current temporary resident status will end. Her PR application has been sent in, but she has not received the PR visa yet. On the application, she indicated she did not want to include her child, and agreed that she realized that if he was not examined, he could never be sponsored by her.

However, because the application has not been finalized, and she has not yet received her PR visa, she can change her mind, get her son (the OP) examined, and include him on the application as her dependent. She and her husband will have to agree to do this, however, and it should be done soon - before 2014.

She can use as an explanation for why he was not included before the fact that he was in the army and she thought that meant her husband could not sponsor him as her dependent.

 

[CdnandTrini]

Reply: Complicated Sponsorship

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.

frege - you deserve a gigantic hug after all of your patient, helpful and detailed responses. I already gave you a +1 but now I have to wait before I can give you another one You are very kind and supportive in your explanations. So nice to see. Blessings to you and your family.

 

[frege]

Re: Reply: Complicated Sponsorship

frege - you deserve a gigantic hug after all of your patient, helpful and detailed responses. I already gave you a +1 but now I have to wait before I can give you another one You are very kind and supportive in your explanations. So nice to see. Blessings to you and your family.

That's really nice to hear. Thank you!

The only thing in my mind really was how important this is to AB.

 

[TheAntiBody]

Every one especially "frege" thank you very much for your help i really really appreciate that !

"Frege" you deserve a huge hug from me =] thank you !

I couldn't even response to your privet messages , because the system doesn't let me!

If there is any way to contact you , i will be happy talking with you on the phone =]

 

[frege]

Every one especially "frege" thank you very much for your help i really really appreciate that !

"Frege" you deserve a huge hug from me =] thank you !

I couldn't even response to your privet messages , because the system doesn't let me!

If there is any way to contact you , i will be happy talking with you on the phone =]

Hello AB,

I don't mind it at all. I'm glad the forum has been able to help you.

I've sent you a personal message.

 

[frege]

I've found the following in Manual IP 8. It clears things up somewhat.

Appendix I—Public Policy to allow applicants in the Spouse or Common-law
Partner in Canada Class to add, during processing, declared family members
to their application for permanent residence (Regulation 128(b))

1. Purpose

In April of 2004, amendments to the Immigration and Refugee Protection Regulations (IRP
Regulations) were implemented, including an amendment deleting regulation 121(b).

This regulation, related to overseas Family Class processing, was removed as it was inconsistent
with other classes and it was also an impediment to family reunification. R121(b) prevented
persons who are listed as non-accompanying family members on overseas Family Class
applications for permanent residence from becoming accompanying family members during the
course of processing.

The Department neglected to delete the inland equivalent of R121(b) - Regulation 128(b). This
oversight is intended to be corrected in an upcoming round of regulatory changes but, in the
meantime, a public policy is needed to effect this equivalent change.

The Minister has therefore established by this public policy under subsection 25(1) of the
Immigration and Refugee Protection Act (IRPA) that applicants will be exempt from the criteria of
regulation 128(b) of the IRP Regulations.

2. Acts and Regulations
IRPA subsection A25(1); IRP Regulations subsection 128(b).

3. Policy

For applicants in the Spouse or Common-law Partner in Canada Class, the Minister will grant an
exemption from the requirement of Regulation 128(b) that persons must have requested
permanent residence at the time of application by the principal applicant. This means that in
situations where family members requested permanent residence status during processing of
the application, the family members may also be considered for permanent residence.

Note that this public policy does not remove the requirement to have all family members declared
and examined at the time of the principal applicant’s application for permanent residence.

4. Definitions

Given the definition of “family member” under Regulation 1(3), the term “family member” under
Regulation 128(b) would mean:
a) a dependent child of the principal applicant; and,
b) a dependent child of a dependent child referred to in a)

5. Procedures

i. Previously refused applications

The legal principle of functus officio does not permit the Department, in the present context, to
revisit finalized applications. Family members previously prevented from requesting permanent
residence during processing of the principal applicant’s application for permanent residence must
apply for a new for permanent residence. Once the principal applicant becomes a permanent
resident, the family member may apply to be sponsored in the overseas family class or apply to
immigrate through other means. Normal rules relating to dependency continue to apply

However, I'm a little worried about the part that says

"Note that this public policy does not remove the requirement to have all family members declared and examined at the time of the principal applicant’s application for permanent residence."

The public policy exempts dependants from the requirement that they apply for permanent residence at the time of the application by the principal applicant, but this sentence specifies that they must be declared and examined at the time of the application.

Based on the parallel use of the wording "at the time of," I'm a bit worried that the fact AB wasn't examined will force his mother to reapply.

This is a technical matter, but it could be important. AB, I wouldn't make the assumption that your mother just needs to add you to the application. That is possible, but it is also possible that she will need to re-apply.

Also, I wouldn't necessarily trust the first person who answers you at the CIC call centre. In our experience they were very unreliable, and often gave information that turned out to be incorrect.

 

[TheAntiBody]

Frege and everyone good weekend !

So what I suppose to do if so?
I should find a loyal lawyer that's for sure
And trust only him?