Entering Canada and sponsoring a child.

[vijay31077]

Hello Guys,

I am from UK , we (means me and my wife) got canadian PR in 2007. We landed in canada completed the formality and then return back to UK within few weeks.since then we got child born to us. He is now 3 years old with British passport and we also got British citizenship.

My question is, I want to make canada my new home before my PR card expires in June-2013. now i do realize that they might report me and i have to go court etc.as we do not meet necessary requirements. however if i am lucky then they might allow us entry in canada. So i am going to take chance!! however what about my child can i still sponcer him once we land in canada? so if we enter say in April-2013 and they allow us in canada without any problem. do we have to sponcer him before my pr card experies?

Also we got PR but he got british passport so he will be allowed in for six months visa?? is that right?? or they will issue temp. resident visa for him at immigration desk?



Please reply. your comments will be highly appreciated.

 

[Leon]

They might let you enter without reporting you for not meeting the requirements but if you then sponsor your child for PR, you will bring attention to the fact at immigration with your address history that you do not meet them. There was a woman in a similar situation on this forum who was called in for an interview after trying to sponsor her child. However, I haven't seen her come back and say how it went.

When you enter Canada with your son, explain that you are PR's and want to sponsor him and ask if they will give him a visitor record for a year just so you will not have to apply to extend his visitor status if his sponsorship does not come through by 6 months time. Your son will not get health insurance until he is a PR though.

 

[vijay31077]

Thanks leon, so what do you suggest? what should i do ..please can you explain me what should i tell when i arrive at canadian immigration desk upon my arrival??

Also after arriving if all goes well how to sponcer the child? what documents I need? and how much time it will take to sponcer the child???

how should i enter canada? i am planning to come by air!! is it ok or should i enter via car at us/canada border???

is it possible to get private insurance for child ? until he gets pr! also if yes please can you suggest company provide best.

Is there any chance i can sponcer him now from London???

sorry for so many questions. and sincere thanks for your help.

 

[Leon]

What you and everybody else should really do is always make sure you meet the residency requirements if you want to keep your PR. You must only stay in Canada 2 years out of 5. It is not much to ask.

Some people say that there is less checking at the land border but if you have a 3 year old child who is not a PR, I think immigration can do the math and figure out that you have not been in Canada for at least 3 years and therefore you do not meet the requirements. It is then up to the immigration officer if they want to report you for not meeting the requirements or not. If they do, they will let you enter but give you 30 days to make your appeal.

If you have mitigating circumstances like had to stay in the UK to take care of your sick mother etc. you can say that and it might help but if you do get reported, you would have to prove that your mother was really sick if you want to keep your PR.

You can not sponsor the child while you are in the UK yourself because a PR must reside in Canada in order to sponsor their family. Sponsorship through London usually takes less than 6 months but because you do not meet the residency requirements yourself, it might get delayed. You would use the forms found here: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[vijay31077]

thanks Leon.so does it nmean that if immigration officer let us in we can apply for child sponcership immediately after landing?

howerver if things go wrong do u know any immigration lawyer who can help.

thanks.

 

[frege]

thanks Leon.so does it nmean that if immigration officer let us in we can apply for child sponcership immediately after landing?

howerver if things go wrong do u know any immigration lawyer who can help.

thanks.

Hi Vijay,

It sounds like you may have a very difficult time. The immigration officer will definitely let you in as long as your card is valid - the only question is whether he will file a report on you saying that he thinks you've lost your permanent residence. If so, a removal order would then be issued, which you could appeal on limited grounds.

If that doesn't happen, they might notice a problem if you chose to renew your PR card or sponsor your child in the following two years. The addresses listed in your sponsorship application would show you'd been out of the country. I don't think they're allowed to look further back than the previous five years. So even if they notice you were away for too long in the past, once you've been in the country for two years again, I think you're safe - but double-check this as I'm not sure.

You will almost always be asked where you live when you cross the border. So you either lie and say Canada (not that I recommend this) or tell the truth and tip them off that you might have been away too long. If you got caught lying to the border officer or to CIC, that would make you inadmissible in a future PR application once your PR had been cancelled. I don't know how easy it is for them to tell if you really live in Canada.

I think it would be a good idea to consult an immigration lawyer *before* entering Canada.

Here are a couple of CIC manuals with information relevant to loss of permanent residence. See ENF 23 and ENF 27 below:

http://www.cic.gc.ca/english/resources/manuals/enf/index.asp

 

[Leon]

* If they say they live in Canada and that they meet the residency requirements but bring with them a 3 year old child of theirs that is not a Canadian citizen nor a PR, I think immigration will do the math and catch them in their lie.

* If they say they do not meet the residency requirements but offer mitigating circumstances for not being able to, I think it is likely they will be allowed to enter without being reported.

* If they say they do not meet the requirements but do not offer any excuse, it could go either way.


* If they do end up in Canada without being reported and stay in Canada for 2 years before trying to sponsor the child, they will reinstate their PR status and will not have a problem but that means the child is in Canada either on a visitor status or later possibly illegal. This means that that the child is not covered under health care plus possibly other problems. The child could not be enrolled in school for example.

* If they sponsor the child before they are in Canada for 2 years, they may be asked to explain why they do not meet the residency requirements and could lose their PR.

If you go to the base for this website, www.canadavisa.com you will find the lawyer who owns it. You could contact him to ask about some advice.

 

[vijay31077]

thanks guys for sharing invaluable knowledge. my further and hopefully last two questions are below.

do you think immigration officer might issue temporary residence permit for child if he is happy with mitigating circumstances. as. someone told me in past that officer might issue 3 year permit for child
if thats the case he join school and get health benefits? what document does he needed to get in school?

second question is if we apply for child sponcership once allowed in .is it definite that they will find out from residence address and refuse pr to child and revoke our pr as wellI know its risk and I can get refised pr but.is there 1% chance that they might approve sponcership application for kid.

also please can you tell me how do we find put if officer has reported us for not meeting pr requirement.

waiting for your reply.god bless

 

[Leon]

If they believe you have mitigating circumstances and would keep your PR even if you had to appeal for it, they will probably expect you to sponsor your child right away. I do not see why they would issue a TRP for your child.

It is not definite that they will revoke your PR if you sponsor your child right after coming to Canada but they will see that you don't meet the residency requirements and may call you for an interview to talk about that. At that interview, you bring up why you could not meet the residency requirements as well as any proof of that and they could decide to let you keep your PR and let the sponsorship go through if they feel you had good reasons.

If they decide to report you on entry, they will tell you about it and give you some paperwork to appeal.

 

[vijay31077]

thanks Leon. do you think canadian school Will accept him.(he is 4 years old and doing nursery) while he is on temp visa? do you know when new Canadian school year begin.

 

[Leon]

They may possibly enroll him based on you being PR even if he isn't yet. It is worth a try.

Kids in Canada start the grade of "kindergarten", often referred to as "K" in the year they turn 5. The year after that, they start grade 1 and complete high school after grade 12. For younger children, some pre-K programs may be available.