Family Class - Dependent Child

[ia001]

Hi
I've applied TRV for my daughter (just 6 months old now – and who was born in Pakistan), but her visa was refused and I got a call from CHC Islamabad to apply her sponsorship inland though the kept her passport and all other documents. I, my wife and my son are PRs but I am in Canada while my wife n kids are in Pakistan. I've applied my daughter sponsorship and application was delivered on 30th December 2013. Now, when I check application status it's like;
Sponsorship
1. We received your application to sponsor ****** on December 30, 2013.

2. We started processing your application on January 31, 2014.

And

Permanent Residence
1. We received ******* application for permanent residence on December 30, 2013.

2. Medical results have been received.


Keeping in mind I've send all the applications forms, medical and documents in one go to CPC.

Any idea on what is going on?

 

[computergeek]

Islamabad takes a very long time to process applications. So it's probably siting in a queue.

If the officer refused the TRV, you should apply for a TRP to overcome the inadmissibility. There are several reasons for this, but the most important is that if it really does take 2.5 YEARS for Islamabad to process the PR application, your own wife may find her PR in jeopardy for failure to meet the residency obligation. Plus, for you to sponsor, you must remain in Canada.

Thus, the H&C considerations are that the current process is forcing a family that wants to be together - you MUST be in Canada, and thus your wife must be with the child - to live apart. Since you have the application filed as well, you can ask for "early admission" - nobody can believe the child will be found inadmissible.

While TRPs are rare, this is a circumstance in which one should be granted. With a TRP, your child will also receive the TRV and can come to Canada. There is a $200 fee for a TRP application, but you must request the visa office consider the child for a TRP.

You might also find it useful to contact the MP for your riding and explain the situation. They might be willing to push CIC even though you are not outside published times.


TRP = "Temporary Resident Permit" and is a discretionary permit given to someone who is otherwise inadmissible to Canada. They are described in OP 20 on the CIC website.

 

[ia001]

Thanks for the brief not computergeek. I appreciate it. In fact I've made all that efforts while I was in Pakistan myself for my baby's birth. I made several visits to CHC in Islamabad and the staff there was really confused, they asked me apply for facilitation visa which was not possible for a PR (I cam to know later). I then visit and CHC and gathered some information again but no use. Finally I got a call from a gentleman (thanks to him) and he was in charge of the section, he gave me a brief about the whole process. I then decided to come and file her sponsorship. But at the same time he promised me that he will deal my case like a trv once we get an approval of sponsorship. Its now a while ago I checked a letter from CPC that I submit wrong fee and have to deposit 75 cad in order to process further. Lets hope for the best and wait for the next step now. By the way I heard there are some changes coming up to settlement laws?

 

[ia001]

Hay CG any idea how long after I deposited rest of the fee and they got it already i mean recved on tuesday? how long will it take to re-open my file? they are processing cases recvd on 10th Jan 14 now while mine was 30th Dec 13?

 

[computergeek]

Hay CG any idea how long after I deposited rest of the fee and they got it already i mean recved on tuesday? how long will it take to re-open my file? they are processing cases recvd on 10th Jan 14 now while mine was 30th Dec 13?

Sadly, predicting the time for Islamabad to do almost anything is difficult. I'd expect a couple months after they received your supplemental fee.

 

[ia001]

No but the case is still in CPC-M and I've submitted fee to them now. Sponsorship is not yet aproved. I am asking their time frames, Islamabad is second stage then.

 

[computergeek]

No but the case is still in CPC-M and I've submitted fee to them now. Sponsorship is not yet aproved. I am asking their time frames, Islamabad is second stage then.

CPC-M should only take a few weeks (4-6) to approve a sponsor.

 

[ia001]

Yes I checked my status on Fridat at night and it says "Decision Made". They sent me a letter on 19th Feb 14, lets see when will I get it and with a Yes or No.

 

[computergeek]

Yes I checked my status on Fridat at night and it says "Decision Made". They sent me a letter on 19th Feb 14, lets see when will I get it and with a Yes or No.

The only answer you get in a case like yours would be yes normally. Negative decisions require further follow-up normally.

 

[ia001]

I hope so, but as you know the ball is going to CHC Islamabad court anyway. And everybody knows how long do they take on these cases.

 

[computergeek]

I know of one Islamabad case similar to yours where the child was in Canada on a TRP (because the TRV was rejected due to the visa officer deciding the child would not leave Canada at the end of the visit and was thus inadmissible). The TRP (H&C basis) overcame the finding of inadmissibility.

That person kept CIC updated on changes in address but CIC Islamabad decided to send a letter to a very old address (one that was not used by CIC Vegreville when the child's TRP was renewed again, for example) and the letter never reached the sponsor. CIC Islamabad sent a second letter (same address) and then finally sent a refusal of the application - after the three year wait. The sponsor finally received the refusal letter six months after it was first sent. He was trying to decide if he should challenge the refusal OR request that Islamabad reopen the file OR apply again. I pointed out that any of these options was likely to take more than 2 years - at which point the child would have been in Canada on a TRP for five years and would automatically qualify for permanent residency in the "permit holder's class" (try finding the forms on the CIC website - they are there, but you have to know they exist to find them in a search). That special class gives CIC little ability to refuse the applicant: it has to be medical or criminal grounds not previously raised.

So my point: get the child into Canada on a TRV or failing that on a TRP. Once here, you don't care how long it takes CIC Islamabad to process that application. Just keep the TRV/TRP renewed and you'll be fine (TRP is actually better usually because it makes getting health care easier).

I agree that the Islamabad processing times are discouragingly long. I suspect it's not considered an ideal post abroad, so positions are difficult to fill and do not attract the best and brightest.

 

[ia001]

I understand your point and even when I was filing trv for my kid I took some guidelines from this forum. But let me recall something. When I applied her TRP in second attempt the guy who introduced himself as lead of that section in CHC, called me and guide me to apply sponsorship and I promise I will prioritize your case as trv case once receive the sponsorship approval and that is the reason he kept my child passport and medical and asked me to wait until sponsorship is approved. Below is the email from them after I spoke to them over the phone I got from them:


Dear Client,

This is in reference to your daughter's TR application currently in process at our office.

You are requested to submit a Family Class sponsorship for your daughter ........... as it would be in your and your daughter's best interest to enter Canada as a Permanent Resident. This sponsorship application is to be submitted to the Case Processing Centre in Mississauga, Ontario.

The following link provides important information, guidance and internet links to applications forms you will need to start the sponsorship process:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

This website is detailed and self-explanatory. However, should you have any questions, please contact us via return email.

As part of the sponsorship application, your daughter will need to undergo medical examinations. You will need to present proof of your daughter's identity to the medical clinic at the time of the examination. For this purpose, we have attached a scanned image of your daughter's passport to this email. We will retain ..... passport until we receive her Family Class sponsorship application.

Furthermore, as advised by the officer, please ensure that the sponsoring parent is PHYSICALLY IN CANADA at the time they submit the sponsorship as this is one of the requirements of a Family Class sponsorship. Should you chose to send the sponsorship application from Pakistan, you may risk refusal of the sponsorship application.

Trust our instructions are clear and look forward to receiving a confirmation of an approved Family Class sponsorship from CPC Mississauga soon.

Regards,

Immigration Section

 

[Rust]

...But let me recall something. When I applied her TRP in second attempt the guy who introduced himself as lead of that section in CHC, called me and guide me to apply sponsorship and I promise I will prioritize your case as trv case once receive the sponsorship approval and that is the reason he kept my child passport and medical and asked me to wait until sponsorship is approved.

Hi ia001,

Just wanted to clarify what you've written here. You are saying that after getting a Sponsorship approval from the Case Processing Centre in Mississauga, then the Embassy of Canada in Islamabad will issue a TRV for your child to let him come to Canada?! But what about a PR status for your child; will they issue it later or you have to resubmit an application or what?

I am asking these questions, because I am myself in the same shoes. My wife and I are PR holders and currently reside in Canada. But painfully we had to leave or 1,5 y.o. son in the country of origin (Russia). It's been 3 months already since we received a sponsorship approval, but now the case was stuck in Moscow with no sign of progress so far. We are meeting our MP today, but apart from requesting the status of the case, the MP is of little help. At least that was the notion they’ve explained in the MP's office.

Thanks

 

[computergeek]

Temporary status (TRV/TRP) and permanent status (PR) are distinct. You can request both at the same time.

Generally, applications sit in queue for months in the foreign CIC office until someone looks at them. Child sponsorship applications are usually fast - no criminality, limited medical - but it only goes fast once it reaches the point in the queue where someone looks at the application.

I normally use the open data set (data.gc.ca) for immigration (the # 1 most downloaded data set) and focus on the 20% time - that's usually a good indicator of how long before they look at an application. So if the 20% time is 6 months, I figure they start looking 4-5 months after the visa office gets the application.

 

[ia001]

Hi ia001,

Just wanted to clarify what you've written here. You are saying that after getting a Sponsorship approval from the Case Processing Centre in Mississauga, then the Embassy of Canada in Islamabad will issue a TRV for your child to let him come to Canada?! But what about a PR status for your child; will they issue it later or you have to resubmit an application or what?

I am asking these questions, because I am myself in the same shoes. My wife and I are PR holders and currently reside in Canada. But painfully we had to leave or 1,5 y.o. son in the country of origin (Russia). It's been 3 months already since we received a sponsorship approval, but now the case was stuck in Moscow with no sign of progress so far. We are meeting our MP today, but apart from requesting the status of the case, the MP is of little help. At least that was the notion they've explained in the MP's office.

Thanks

We are in same situation but in my case my wife is with my daughter in Pakistan as she is too small to be left alone. My point was to wait for your PR after you get the sponsorship approval. May be I am wrong but you can't process two cases at same time in one embassy. And as you have already applied a normal sponsorship (not H&C) you will have to get your child back if they ask for his passport.