Family member landing before Primary Applicant

[navneetgarg120]

All Senior Members,

Is it possible to land in Canada for a family member before Primary Applicant? In my case my wife is Primary Applicant and I want to land before my wife and kid to make stay arrangements and for a job.

Is there a rule that primary applicant has to land first?

Thanks,
Navneet[flash=200,200][/flash]

 

[Canadiantobe]

You and your kids being dependents cannot land before your wife. Principal applicant should land before or alongwith dependents.

Yes, it's a rule.

 

[babbu.mann]

agreed with Canadiantobe!! Don't even try for that!!

rabb rakha

 

[!! KING OF THE KINGS !!]

Highly Impossible.

 

[navneetgarg120]

All,

Thanks for your quick prompt. Please refer to the following url.

http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

Refer to 12.14 on page 49 which allows family member arriving before the principal applicant.

Please comment on this.

 

[navneetgarg120]

Qorax, leon, mitali and all senior members. What you recommend?

 

[rabia_rak]

Very interesting discussion, and I am in the same boat.
It looks like there is a possibility.... anyone has done it ....?

I quote from page 49 para 12.14

**************************************************************************
12.14. Family members arriving before the principal applicant
Occasionally, a BSO at Immigration Secondary will encounter a family member who arrives
before the principal applicant and is seeking permanent residence. R51(b) requires a permanent
resident visa holder to establish that they and their family members, whether accompanying or
not, meet the requirements of the Act and Regulations. For a family member to meet these
requirements, it is usually incumbent on the principal applicant being admissible at the port of
entry. This also holds true for the principal applicant arriving before their family members.
A BSO encountering this situation should obtain the following information from the family member
or principal applicant:
 why the family member or principal applicant is preceding the rest of the family (for example,
to seek accommodation or employment, lack of a seat on the aircraft carrying the principal
applicant, etc.);
 when the rest of the family is due to arrive; and
 the person's means of support.
**************************************************************************

 

[navneetgarg120]

Very interesting discussion, and I am in the same boat.
It looks like there is a possibility.... anyone has done it ....?

I quote from page 49 para 12.14

**************************************************************************
12.14. Family members arriving before the principal applicant
Occasionally, a BSO at Immigration Secondary will encounter a family member who arrives
before the principal applicant and is seeking permanent residence. R51(b) requires a permanent
resident visa holder to establish that they and their family members, whether accompanying or
not, meet the requirements of the Act and Regulations. For a family member to meet these
requirements, it is usually incumbent on the principal applicant being admissible at the port of
entry. This also holds true for the principal applicant arriving before their family members.
A BSO encountering this situation should obtain the following information from the family member
or principal applicant:
 why the family member or principal applicant is preceding the rest of the family (for example,
to seek accommodation or employment, lack of a seat on the aircraft carrying the principal
applicant, etc.);
 when the rest of the family is due to arrive; and
 the person's means of support.
**************************************************************************

I urge Qorax, Leon, Mitali and senior members to give their expert reviews. This is very important to me.

 

[simi55in]

Yes, since the extract is from cic.gc.ca it has to be genuine and a lot of people might be in the same boat, wanting to come before their principal applicant wives and dependent children to prepare ground for their landing.

Seniors waiting for your expert comments on the above

 

[scylla]

Did any of you read the paragraphs that follows this section? They state:

"The BSO should complete the verification process but should not grant permanent resident status to the family member.If the person has a valid permanent resident visa and the BSO is satisfied that the rest of the family intends to come to Canada, the BSO may wish to defer the examination
pursuant to A23 in order to obtain more information or wait until the rest of the family arrives so they may be examined.

The BSO should enter the information into FOSS by means of an NCB, which indicates that the granting of permanent residence has been deferred pending the arrival of the rest of the family.

Note: Officers shall include their CBSA user ID (ABC123) and badge number when entering or amending remarks in FOSS.

If the BSO has reasonable grounds to believe that the rest of the family will not be coming to Canada, the BSO should initiate enforcement action unless the person qualifies in their own right for permanent resident status."


Here's how I read this entire section: If a family member tries to land before the primary application, the BSO MAY let them enter the country but will NOT grant them PR status. They cannot be granted PR status until the primary applicant lands. If for some reason the BSO doubts the primary applicant is going to follow, they can initiate removal proceedings (i.e. refuse you entry into Canada and have you put on a plane back home).

Why risk creating a huge problem for yourself? The rules are very clear. The primary applicant must land first. If you don't follow these rules, there is no guarantee what will happen at immigration.

 

[simi55in]

@ scylla --> I had read the paragraph following the one which has been quoted in the discussion forum, I think everybody is well aware that the principal applicant needs to land first, but what every one was interesting in knowing was whether, there is a possibility otherwise or not ? and it seems that the possibility is there. You just need to have a convincing reason.

Also I recently came to know about at least 3 of my friends who were Provincial PRs (for Canada) but left their home province within the first month of arriving, citing reason that the jobs they got in other province were not available in their home province they moved out of their PR province in a month legally, before this I never thought the a Provincial PR could move out of his/her province before completing 3 yrs in that province.

So similarly before reading this thread I never knew that the possibility even existed.

 

[navneetgarg120]

The point is there is a possibility of family member arriving before Primary Applicant. And, no one knew about it. For applicants like me it is really helpful to arrange home, job before your kid and wife arrives. It is really difficult to arrive in any country without any such arrangements and specifically when you don't have any connection.

I agree with scylla that there is a risk involved in it but with a convincing reason BSO can be satisfied.

 

[PMM]

Hi

The point is there is a possibility of family member arriving before Primary Applicant. And, no one knew about it. For applicants like me it is really helpful to arrange home, job before your kid and wife arrives. It is really difficult to arrive in any country without any such arrangements and specifically when you don't have any connection.

I agree with scylla that there is a risk involved in it but with a convincing reason BSO can be satisfied.

Extremely unlikely that you will find a sympathetic BSO. Most likely will just turn you around.

 

[atiyasi]

You and your kids being dependents cannot land before your wife. Principal applicant should land before or alongwith dependents.

Yes, it's a rule.

Are you sure ?
Can I Use You As a Reference?

 

[spartan300]

Dont take the risk it too huge....especially when you are so close...