immigration help- need to bring my son and wife from India- urgent

[Leon]

Re: Status of a Child

I have tried searching various forums/blogs..But couldn't find the answer. If both husband wife are PR holders and working outside of canada for an canadian firm and fulfiling the condition of 730 days..have a child born outside of canada only...What will the status of child...PR ....Citizen...or none? or one has to follow the normal procedure of sponsporing...TRV nd all....Please Help..

PR is not inherited through parents and the child is not eligible for citizenship of Canada unless one of the parents is a citizen or the child is born in Canada. Therefore, the child would have no status in Canada and would have to be sponsored for PR. In order for a PR to sponsor a member of their family, they must be residing in Canada. Your child may be refused a TRV with the possible option of applying for a TRP. If you can not get a visa for your child to return to Canada with you, you would have to split up the family, one parent stays and takes care of the child, the other re-settles in Canada in order to sponsor the child for PR. Depending on your visa office, it can take months for the sponsorship to go through. It is not enough for the sponsor to just go to Canada to start the sponsorship process, they must be residing in Canada throughout the processing. Therefore, I would suggest that you weigh your options about settling in Canada before the child is born if that is possible.

 

[P_A_R_I]

Re: Status of a Child

Thank u Leon.. But wats the point if one is working hard for canadian firm only,outside canada..they dont even consider it??I am working overseas for some private firm based in canada...
(As i have read somewhere that they give citizenship to child born outside canada to parents working for canadian organizations overseas) or the condition applies to only canadian govt employees posted oustide canada.
1.My case is...i dont have health card...so would not be able to bear cost of delivery in canada...in case i will opt Alberta for delivery...they will consider my days working in Canadian firm overseas,as a matter of fulfiling their condition of 183 days to be eligible for health card or they can waive it off in any particular case?. At max i can stay upto 4 months at a stretch in Canada...What are options i have to bear delivery expenses... Private insurance will not cover delivery charges... .

2. Another question is like if the canadian embassy is having any job opening in delhi,india and i apply for it...will be residence in india wil be consider in terms of PR residence obligations? or i will come in category of locally engaged staff???
Please help

 

[zardoz]

Re: Status of a Child

Thank u Leon.. But wats the point if one is working hard for canadian firm only,outside canada..they dont even consider it??I am working overseas for some private firm based in canada...
(As i have read somewhere that they give citizenship to child born outside canada to parents working for canadian organizations overseas) or the condition applies to only canadian govt employees posted oustide canada.
1.My case is...i dont have health card...so would not be able to bear cost of delivery in canada...in case i will opt Alberta for delivery...they will consider my days working in Canadian firm overseas,as a matter of fulfiling their condition of 183 days to be eligible for health card or they can waive it off in any particular case?. At max i can stay upto 4 months at a stretch in Canada...What are options i have to bear delivery expenses... Private insurance will not cover delivery charges... .

2. Another question is like if the canadian embassy is having any job opening in delhi,india and i apply for it...will be residence in india wil be consider in terms of PR residence obligations? or i will come in category of locally engaged staff???
Please help

I think that you should be very careful about relying on the "working in Canadian firm" to maintain your residency obligation requirements. The definition is very strict and you may not be covered in the way that you hope. Unless you were both initially employed by a big Canadian company while you were living inside Canada, and then assigned to a full time post outside Canada, it probably will not count towards the RO.

1) No, it would not be counted toward health care eligibility.
2) "Locally engaged staff" only. Not considered towards the residency obligation.

 

[Leon]

Re: Status of a Child

Thank u Leon.. But wats the point if one is working hard for canadian firm only,outside canada..they dont even consider it??I am working overseas for some private firm based in canada...
(As i have read somewhere that they give citizenship to child born outside canada to parents working for canadian organizations overseas) or the condition applies to only canadian govt employees posted oustide canada.

I have never heard anything like that. As far as I know, there are 3 ways for a child to get citizenship: 1) being born in Canada; 2) being born outside Canada to a Canadian parent; 3) being sponsored for PR first and then included on their parents citizenship application as long as the parent qualifies to apply.

The only perk I know of that you would get from working for a Canadian employer overseas is that if the employer and the circumstances surrounding your transfer are accepted by immigration, you and your spouse and your minor children who are already PR would continue to meet the RO while you hold that job.

If a Canadian citizen is working for the govt. or military overseas, they have a couple of perks too. One is that if they have a PR spouse, the PR spouse can count days outside Canada in order to qualify for citizenship. They are also exempt from the limitations of 2nd generation. That is if a Canadian is born outside Canada themselves, they can normally not pass citizenship to their children who are born outside Canada but if they are serving in the military or working for the govt. posted overseas, they are exempt from that rule and can pass citizenship to their children.

1.My case is...i dont have health card...so would not be able to bear cost of delivery in canada...in case i will opt Alberta for delivery...they will consider my days working in Canadian firm overseas,as a matter of fulfiling their condition of 183 days to be eligible for health card or they can waive it off in any particular case?. At max i can stay upto 4 months at a stretch in Canada...What are options i have to bear delivery expenses... Private insurance will not cover delivery charges... .

You can find insurances that will cover delivery charges if you get the insurance before the wife is pregnant but if she already is, it would be too late for that. Another option would be to go with an midwife in any province and have a home birth because the costs are lower. However, if complications arise, you could still end up with a big bill. You can talk to AB health or any other health care for that matter but I frankly find it unlikely that they will want to extend health care to you if you are not living in the province.

2. Another question is like if the canadian embassy is having any job opening in delhi,india and i apply for it...will be residence in india wil be consider in terms of PR residence obligations? or i will come in category of locally engaged staff???
Please help

Locally engaged staff and it will not protect your PR.

 

[CharlieD10]

Re: Status of a Child

I have tried searching various forums/blogs..But couldn't find the answer. If both husband wife are PR holders and working outside of canada for an canadian firm and fulfiling the condition of 730 days..have a child born outside of canada only...What will the status of child...PR ....Citizen...or none? or one has to follow the normal procedure of sponsporing...TRV nd all....Please Help..

The child has no status in Canada. The parents are PR, and this status cannot be passed to a child, it is applied for. Obviously since they are not citizens, they cannot pass Canadian citizenship to the child; that they are working for a Canadian company is irrelevant except for the purpose of maintaining their own PR status (and this should be a legitimate posting of a Canadian employee abroad by a Canadian company with operations in Canada and abroad).

Finally, as both parents are PR and currently residing outside of Canada, neither of them qualifies to sponsor their child. Permanent Residents are required to be physically resident in Canada to qualify as sponsors. One or both of them will have to come back to Canada, apply to sponsor the child, and REMAIN in Canada until the processing of the application is complete ("complete" means that the child is examined at a port of entry in Canada and allowed to land as a PR).

 

[NITINBHALLA]

Hi All,
I have applied for PR and am hopeful o getting the same in 6 months time. I have a family of 3 - (Myself + Spouse + 1 kid). After receiving PR, I plan to come to Canada alone first for 6 months - 1 year and settle with a job. My spouse and kid can join me later once I find a sustainable job in Canada. I wanted to check if my family doesnt come with me, does it impact their PR visa? I hope it doesnt get revoked?

Looking for information and advise here..

Thanks

 

[romar]

Hi All,
I have applied for PR and am hopeful o getting the same in 6 months time. I have a family of 3 - (Myself + Spouse + 1 kid). After receiving PR, I plan to come to Canada alone first for 6 months - 1 year and settle with a job. My spouse and kid can join me later once I find a sustainable job in Canada. I wanted to check if my family doesnt come with me, does it impact their PR visa? I hope it doesnt get revoked?

Looking for information and advise here..

Thanks

Yes, if they don't do their landing before their PR stamp expires, you will have to re-apply for them.

 

[P_A_R_I]

as i stated before, both me and my husband are PR holders, as i am going to have delivery in my home country, How long does it take to get child's
1. TRV
2.TRV
If both are refused, what else i can try
and what is the next step to apply for PR after that?Does applying for PR and sponsoring is the same thing?

How long does it take?nd please specify that if i can apply for trp/trv while staying in my home country only and for sponsering my baby i have to be physically in Canada?

 

[Msafiri]

as i stated before, both me and my husband are PR holders, as i am going to have delivery in my home country, How long does it take to get child's
1. TRV
2.TRV
If both are refused, what else i can try
and what is the next step to apply for PR after that?Does applying for PR and sponsoring is the same thing?

How long does it take?nd please specify that if i can apply for trp/trv while staying in my home country only and for sponsering my baby i have to be physically in Canada?

1. Check the website of the consulate serving your country of residence for processing times...most posts in Asia have outsourced receving the inital application to 3rd party agents usually referred to as Visa Handling or Application Centers.

2. I think you mean TRP - see 1. If not stated at least 1 month as this is a more detailed process. You submit a TRV form but state in a cover letter and on the TRV form itself that you are actually asking for a TRP. The TRP fee is $200 Canadian.

3. Sponsoring and applying for PR mean the same thing. PRs must meet the RO and reside in Canada throughout the sponsorship process. In regards to the residence exceptions for regular/short trips e.g. vacation are allowed.

4. Your problem like many other PRs on the forum is that you are treating PR status as some form of glorified visitors visa. Its meant to be for living in Canada. Playing the RO roulette can seriously backfire if you end up getting reported.

 

[Stancheck]

Hey helpful people,

I am back on this topic after quite a while. I completed the RO requirements and applied for PR renewal a month ago, however know status update is available until today.
My wife has a PR card which is expired, did not complete RO by big margin , she is of non visa exempt nationality. My son does not have a PR. Let us know how should we approach once I receive my renewed PR card. Whether I should apply for both under family sponsorship ? Is it required to initiate to renounce my wife's PR before applying for sponsorship.

Awaiting advice please.

Regards

 

[Leon]

Hey helpful people,

I am back on this topic after quite a while. I completed the RO requirements and applied for PR renewal a month ago, however know status update is available until today.
My wife has a PR card which is expired, did not complete RO by big margin , she is of non visa exempt nationality. My son does not have a PR. Let us know how should we approach once I receive my renewed PR card. Whether I should apply for both under family sponsorship ? Is it required to initiate to renounce my wife's PR before applying for sponsorship.

Awaiting advice please.

Regards

You do not have to wait for your PR card in order to sponsor. Is your son also visa exempt? You can try for your wife to visit with your son on visa exempt passports. If your wife is not reported she can also stay for 2 years and bring her PR back into good standing. If she gets reported, she can renounce her PR and have you sponsor her along with your son.

You can not sponsor your wife while she is still PR. She would have to lose her PR status first.

 

[Stancheck]

Leon, Thank you for the prompt reply.

I guess, I correct my communication.
Wife and son both are not visa exempt. They would require a visa to come to Canada.

If her PR has to be renounced prior, I should start getting that sorted out. How long does that take?

Regards

 

[Leon]

Leon, Thank you for the prompt reply.

I guess, I correct my communication.
Wife and son both are not visa exempt. They would require a visa to come to Canada.

If her PR has to be renounced prior, I should start getting that sorted out. How long does that take?

Regards

I am not sure how long it takes but here are the application forms: http://www.cic.gc.ca/english/information/applications/voluntarily-renounce.asp

 

[thejkhan]

The CBSA officer at Pearson gave you a big break and let you in despite you not meeting your RO. CIC is usually not as nice.

That's not giving a big break - CBSA officers cannot stop a PR from entering the country!!

And we don't know whether he was reported or not. Maybe he was but he doesn't know.

 

[PMM]

HI

That's not giving a big break - CBSA officers cannot stop a PR from entering the country!!

And we don't know whether he was reported or not. Maybe he was but he doesn't know.

If he was reported on entry, he would know it, as he would have been given his appeal rights at that time.