Dependent child sponsorship - Impact of new rule - Please Please Help

[saikatghosal]

Myself, my wife and My Elder child is a permanent resident of canada, However my younger child has born outside of canada. We were able to bring my younger child to canada, on Visiting visa, and then applied for a inland sponcor ship application. However due to the sponsorship application processing center has rejected the application, statign there is some change in the rule related to dependent child sponcorship.

My immigration lawyer, is stating that this needs to applied though the H&C case as Humanetrian ground, and saying I need to pay 550 CAD for the processing.

Can some expert please comment on the new rule change and how does this impacts.

 

[saikatghosal]

Additionally the processing time was 6-8 Months, considering 2 months for Sponcor ship evaluation and 6 months of Visa processing. Now Hen is saying it will take 12-15 months for the processing.

 

[scylla]

When did you, your wife and your eldest child become permanent residents? When was your youngest child born?

 

[saikatghosal]

We became the permanent resident of canada in February, 2010. However after initial visit of 10 days we left the country. Our second child was born on Sep, 2010 in india. We returned back to canada on 9th Sep, 2012. Delhi consulate issued a Visiting visa for my child for 1 year, and my child got into canada on 12th Dec, 2012. Then we apply for the child sponcorship on January 16th, 2013. But the applicaton has been reject, stating the rule change.

 

[scylla]

What were the exact reasons for the refusal? You should have received a letter that provided this information in detail. Can you provide this information here? I'm not sure any of us will be able to help further unless we have more details about exactly why you were refused.

 

[SaraDenise]

I'm also interested in knowing what happened because we will also be sponsoring our child in Canada when we arrive. I have not seen any rule changes on the CIC website :/

 

[SaraDenise]

By the dates that you provide, it seems like you haven't met the residency obligation for PR's...doesn't that mean that you can't sponsor until yoiu achieve the number of days required?

 

[Rob_TO]

By the dates that you provide, it seems like you haven't met the residency obligation for PR's...doesn't that mean that you can't sponsor until yoiu achieve the number of days required?

The requirements state you need to be in Canada only 2 of every 5 years. So basically you are allowed to be absent for 3 years.

If they landed Feb 2010, and were gone until Dec 2012... that is only 2 years and 10 or 11 months. So as long as they stay in Canada the next 2 years, they should be fine for obligation.

I have no clue also what "new rule" they are referring to.

 

[SaraDenise]

But to sponsor a family member don't you have to first meet the 2 year requirement? In my case, for example, I think that we can only start our sponsorship for our son after we're in Canada for about 215 days (number of days that are left to complete the 2 years).

 

[wilson]

There is certain reason for rejection of sponsorship application. That is why scylla asked to explain what is the contents in their letter. A Permanent Resident is eligible to sponsor spouse and dependent children. Guess work is not the proper answer to the question raised.

 

[scylla]

But to sponsor a family member don't you have to first meet the 2 year requirement? In my case, for example, I think that we can only start our sponsorship for our son after we're in Canada for about 215 days (number of days that are left to complete the 2 years).

No - you don't have to first meet the 2 year requirement. You can sponsor your son immediately.

 

[Sweden]

I understood that there was no way to sponsor a child inland - for dependent children it would have to be outland anyway. Can somebody (scylla, wilson?) confirm that?
thanks,
Sweden

 

[PMM]

Hi

I understood that there was no way to sponsor a child inland - for dependent children it would have to be outland anyway. Can somebody (scylla, wilson?) confirm that?
thanks,
Sweden

1. You can't sponsor a child inland. the sponsorship and the application are sent to Mississauga, and then processed at an overseas office. It he OP case it could be either New Delhi or as the child was admitted to Canada for a year, CPP-Ott can be chosen as the processing office.

 

[Leon]

I have recently seen more than one member post that when you bring a child to Canada on a TRP, it can no longer be sponsored outland but must be sponsored inland on humane and compassionate basis. People have said, like the OP, that their applications to sponsor were returned and they were told to apply again inland on H&C basis. Whether this is a new policy, I don't know but it has happened to more than one person so it is probably not a mistake.

My advice, if immigration tells you to use another method to sponsor your child, then go ahead and do it.

 

[Leon]

But to sponsor a family member don't you have to first meet the 2 year requirement? In my case, for example, I think that we can only start our sponsorship for our son after we're in Canada for about 215 days (number of days that are left to complete the 2 years).

There is a difference between having not met the residency obligation or not having met it yet.

If you are a new PR, you are seen as having met the residency requirements if you still could meet it in your first 5 years. In that case, you could sponsor your child. You would fall under not having met it yet but you still could so you are ok.

On the other hand, if you had already been outside Canada for more than 1095 days in your first 5 years as a PR or in the past 5 years if you were a PR for longer than 5 years already, you would be seen as not having met the residency obligation. You may not have lost your PR yet because you have entered Canada for example with a still valid PR card and immigration is not aware that you are in breach of the residency obligation. In that case, if you try to sponsor your child, listing your address history in the process, you would be bringing it to the attention of immigration that you are in breach of the obligations and because of that, they might just decide to revoke your PR.