Is it possible to remove a dependent child (minor) from a PR application if they are deemed inadmissible due to an overstay?

[dreamer7775]

"Is it possible to remove a dependent child (minor) from a PR application if they are deemed inadmissible due to an overstay? If the child is sent to the grandparents in their home country, can we proceed with the PR application in the meantime?

Situation: The minor unintentionally overstayed, and the judicial review for the visitor record issue regarding entry and re-entry will take time. I have consulted multiple lawyers, and most have suggested that an argument can be made based on the passport, which explicitly mentions the VR document number, with the expiry date listed from the first day of entry. Although no subsequent dates were recorded at re-entry, the visitor record clearly indicates that the child was accompanying the parent on a work permit, with the visitor record valid until the same date.

The Temporary Resident Visa (TRV) has expired, so exit and re-entry are not options, and flagpoling is not possible due to the expired TRV.

Would it be advisable to send the child to the grandparents in the home country and proceed with the PR application in the meantime?"

 

[scylla]

"Is it possible to remove a dependent child (minor) from a PR application if they are deemed inadmissible due to an overstay? If the child is sent to the grandparents in their home country, can we proceed with the PR application in the meantime?

Situation: The minor unintentionally overstayed, and the judicial review for the visitor record issue regarding entry and re-entry will take time. I have consulted multiple lawyers, and most have suggested that an argument can be made based on the passport, which explicitly mentions the VR document number, with the expiry date listed from the first day of entry. Although no subsequent dates were recorded at re-entry, the visitor record clearly indicates that the child was accompanying the parent on a work permit, with the visitor record valid until the same date.

The Temporary Resident Visa (TRV) has expired, so exit and re-entry are not options, and flagpoling is not possible due to the expired TRV.

Would it be advisable to send the child to the grandparents in the home country and proceed with the PR application in the meantime?"

You cannot entirely exclude a minor from a PR application. They must be in listed as either accompanying or non accompanying. On the very rare occasion that IRCC allows a minor to be entirely excluded, this means they can never be sponsored for PR in the future.

 

[dreamer7775]

You cannot entirely exclude a minor from a PR application. They must be in listed as either accompanying or non accompanying. On the very rare occasion that IRCC allows a minor to be entirely excluded, this means they can never be sponsored for PR in the future.

Thank you Scylla, for confirming. Feeling like helpless as i am out of all options, just visiting home country by a family member make whole file ineligible…and not aware of visitor record rules, which on paper look like a valid document in all aspects dates, remarks suddenly …. i am not understanding the whole system…

 

[dreamer7775]

Can we mention him non- accompanying and send him to grandparents custody, until the whole situation got fixed on his status…..non-accompanying kid can be sponsosored in future right?

 

[scylla]

Can we mention him non- accompanying and send him to grandparents custody, until the whole situation got fixed on his status…..non-accompanying kid can be sponsosored in future right?

Why not send him outside of Canada but keep him as accompanying? That seems even simpler.

 

[dreamer7775]

Yes, i am awaiting decision on visitor record extension of kid and our wp extensions on ICT. As per lawyers advice and he said once decision is made only then we will act, until then status quo. Because verbiage on visitor record of kid in remarks is weird, so lawyers are saying its all on discretion of VO, only on the outcome of current applications we should act. He is too minor aged 3 years to travel alone, so i have to make arrangements accordingly with his aunt or friend, as we whole family doesnt have valid trv at the moment and on implied status. On the other hand, i am hoping to get an ITA on most probably next cec draw at current crs of 535, so i have to take next steps in parallel.

 

[dreamer7775]

Why not send him outside of Canada but keep him as accompanying? That seems even simpler.

That seems even more better and simpler to explain to ircc.