Minor Child Out of Status

[Arreyaar]

Hi Folks,

I am in a predicament due to my own doing and need your assistance.

My son is a US citizen and we (me & my wife) are PR holders who moved to Canada in 2021 Oct. There was no stamp on his passport and he was let in because of US citizenship, he was 2 years 6 months old then. I enrolled him into a preschool and later in to junior kindergarten (elementary school in my area). All this while I didn't extend his stay in Canada, so he has been out of status for a long time (close to 2 years). No one reached out or any sort of communication came through for him being out of status, obviously I still own the mess as I had to be on top of it.

We had to step out of the country for personal reasons and its just hitting me now that he has been out of status for a long time, has anybody solved this for their minor kid? if so, how? and does the duration of out of status play a bigger role?

I will be going to an immigration lawyer to help out but wanted to check prior about positive stories here or what sort of an issue can I fall into.

I need my son to have the best future and not be jeopardized for my inactions :-\


Thanks!

 

[scylla]

Hi Folks,

I am in a predicament due to my own doing and need your assistance.

My son is a US citizen and we (me & my wife) are PR holders who moved to Canada in 2021 Oct. There was no stamp on his passport and he was let in because of US citizenship, he was 2 years 6 months old then. I enrolled him into a preschool and later in to junior kindergarten (elementary school in my area). All this while I didn't extend his stay in Canada, so he has been out of status for a long time (close to 2 years). No one reached out or any sort of communication came through for him being out of status, obviously I still own the mess as I had to be on top of it.

We had to step out of the country for personal reasons and its just hitting me now that he has been out of status for a long time, has anybody solved this for their minor kid? if so, how? and does the duration of out of status play a bigger role?

I will be going to an immigration lawyer to help out but wanted to check prior about positive stories here or what sort of an issue can I fall into.

I need my son to have the best future and not be jeopardized for my inactions :-\


Thanks!

Have you sponsored your child for PR?

For future reference, it's entirely on you to keep your child's status in Canada valid. There are no communication from IRCC you should have been expecting.

 

[Arreyaar]

Thanks for the reply @scylla .. I have applied PR for him only now whilst outside of Canada. and agreed, its on me to keep child status valid.

Since he is a minor and there was no malicious intent from our side to keep him in Canada but for us being on PR and settling in Canada - will there be a favorable review of this case? I am just trying to source as much as possible before going to a lawyer and ask them the right questions

 

[scylla]

Thanks for the reply @scylla .. I have applied PR for him only now whilst outside of Canada. and agreed, its on me to keep child status valid.

Since he is a minor and there was no malicious intent from our side to keep him in Canada but for us being on PR and settling in Canada - will there be a favorable review of this case? I am just trying to source as much as possible before going to a lawyer and ask them the right questions

You have to be inside of Canada to sponsor him for PR. It is not possible for you to sponsor him from outside of Canada if you are PRs.

I think the overstay will be forgiven since he is a minor. However I would make sure you accurately represent his status historically in the application and it may make sense to include an LOE to explain what happened. Make sure you take full responsibility for allowing him to fall out of status.

 

[Arreyaar]

Thank you @scylla .. just curious how do I engage a conversation with IRCC that I need to send an LOE as well initiate a conversation with them. Is there something like a Case that we open with them?

Appreciate all your support in this forum!

 

[scylla]

Thank you @scylla .. just curious how do I engage a conversation with IRCC that I need to send an LOE as well initiate a conversation with them. Is there something like a Case that we open with them?

Appreciate all your support in this forum!

You would need to send a web form if you want to add information to your application.

However if you applied outside of Canada, I would withdraw and reapply once you are back in Canada. If you are outside of Canada then you do not meet the base criteria to sponsor.

 

[Arreyaar]

Sorry, should have been more clear. I just intend to step back into Canada with my son for now. I will continue the PR application as you rightly stated once I am in Canada but for now, the biggest concern is clearing the immigration and getting back into Canada.

Will him being out of status for long effectively stop him from entering Canada? If there is a way to communicate with IRCC and plead my case so he will be let in along with all of us? Or its only decided at the port of entry?

 

[scylla]

Sorry, should have been more clear. I just intend to step back into Canada with my son for now. I will continue the PR application as you rightly stated once I am in Canada but for now, the biggest concern is clearing the immigration and getting back into Canada.

Will him being out of status for long effectively stop him from entering Canada? If there is a way to communicate with IRCC and plead my case so he will be let in along with all of us? Or its only decided at the port of entry?

CBSA determines if someone is allowed into Canada and for how long. Not IRCC. There is no way to have this discussion up front or obtain any approvals up front. You will have to enter Canada and see what happens. Chances are you should be fine since it's a minor. Do not raise the issue unless specifically asked.

Be prepared to explain why you let your child fall out of status. Also be prepared to explain why you did not submit the application to sponsor your child for PR during all of that time while you were living in Canada. But again, only if asked.

 

[Arreyaar]

thank you @scylla for all your help .. God Bless you!