Need urgent guidance

[anaesthetist]

Hey. We (me, wife and daughter) landed in Canada march 2012 under the federal skilled workers programand became PRs. Professionally I am a doctor, currently specializing in anaesthesia. My wife is also a doctor specializing in internal medicine. Upon recieving our PR cards we have now come back to our homeland to complete our residencies. I still have another 36 months left to specialize. My residency ends Dec 2015. Now due to our professional obligations we may only be able to come to Canada in Jan 2016. The problem is under the immigration law we need to be in canada for 3 years out of 5 to be eligible apply again for a PR card. but as it stands I may have to spend the next 36 months in my homeland.

Is there a law within the immigration system that allows me the above relaxation I need. The problem is that I may come to canada today but it would take me a lot of time to get into a medical residency program there. But on the other hand if I specialize first and then come to Canada I may be able to get into a fellowship program easily. As it stands, if there isnt a way out I may have to leave my residency and move to canada.

The second issue I want to consult you about is that my wife is currently pregnant with our 2nd child. As of now we dont have any medical insurance in Canada, and in order to have one we would have to live there for 3 months initially. Her delivery is due 1st Nov 2012. With the residency schedules we run here, it is impossible for us to get a 3 month leave so as to head to canada, get our health cards and then deliver. Kindly let me know how would my 2nd child be a premanent resident if he/she is born outside Canada

 

[Leon]

You only have to live in Canada for 2 years (730 days) out of 5 to keep your PR but it sounds like you might not be able to do that either.

In order for your second child to get PR, it must be sponsored. A PR must however be in Canada in order to sponsor their child.

One good option for you is the following:

If you are not able to move to Canada in time to meet the residency requirements for your first 5 years, let your wife move ahead of you. She could leave both children with you or take the daughter with her. Depending on the citizenship of your not yet PR baby, she could take it with her too if it is visa exempt to Canada. If not, she must apply for a TRV or TRP for it.

Once in Canada, she would start sponsorship of the baby for PR. If she has taken the baby with her, you can join them when you are ready or if she left the baby with you, you can wait until the baby gets the PR.

With a still valid PR card, you will probably be allowed to enter without a problem. You should however not try to renew it when it expires, rather wait until you have the 730 days in past 5 years so if you let it expire and stay longer to meet those requirements, that would be fine. If immigration decides to toughen up their rules and you were to lose your PR for not having met the requirements, your wife as long as she meets her requirements can always sponsor you for PR again.

 

[anaesthetist]

thank u very much ... need further clearance on 2 accounts ... If my wife and daughter were to go ahead of me and sponsor my other child , how long does it usually take ... how long would it take for her to get an immigrant visa ... also If I stay in my homeland more than 3 years and then go to canada ,, what do u mean by I should not renew my PR status but rather wait until I have stayed thr for 730 days and then reapply ... I mean when my PR card does expire, wouldnt it be mandatory for me to reapply .. cuz if it was mandatory I wouldnt have 730 days in canada .. also if I am allowed to let it expire and reapply only when i have 730 days in canada , cant I just stay thr for 3 years and be eligible for a citizenship .. pls clarify .. big big help ... thank s

 

[Leon]

thank u very much ... need further clearance on 2 accounts ... If my wife and daughter were to go ahead of me and sponsor my other child , how long does it usually take ... how long would it take for her to get an immigrant visa ... also If I stay in my homeland more than 3 years and then go to canada ,, what do u mean by I should not renew my PR status but rather wait until I have stayed thr for 730 days and then reapply ... I mean when my PR card does expire, wouldnt it be mandatory for me to reapply .. cuz if it was mandatory I wouldnt have 730 days in canada .. also if I am allowed to let it expire and reapply only when i have 730 days in canada , cant I just stay thr for 3 years and be eligible for a citizenship .. pls clarify .. big big help ... thank s

Depending on where you live (which visa office) sponsoring family members usually takes at least a few months and sometimes longer although sponsorship is babies is usually fast because the medicals are not complicated and there are no background checks because baby is not old enough to have a criminal past

However, if she gets a TRP for the baby to come with her to Canada, they will be together but she will then be alone in Canada with 2 children on her hands and there is a question if the baby on TRP would be covered by health care or not. It could even depend on the province where you settle.

It is not mandatory to renew your PR card when it expires. You only need a PR card for travel. If you try to renew your PR card without meeting the residency requirements, your application will take much much longer because you are a special case. They do not consider studies abroad a good reason not to meet the requirements. However, if you apply to renew your PR card after you have spent 730 days, they can not refuse you based on you not having met them at some earlier point. They can only look at the past 5 years at the time you apply. However, you are right, you do not have to renew your PR card at all. You can stay another year and then go directly for citizenship. However, staying 2 years and applying for a PR card would allow you to travel again in case you want to go and visit your family or something.

 

[anaesthetist]

Is it mandatory to be in canada to sponsor ur child if born outside .. also do u have to be in canada for a specific period before u may apply for a sponsor ship or one may land and sponsor the other day ...

 

[anaesthetist]

also when i do arrive in Canada having been in my homeland for the last 36 months (exceeding my limits) can the immigration ppl refuse me admission. is it within their law to do so

 

[Leon]

Is it mandatory to be in canada to sponsor ur child if born outside .. also do u have to be in canada for a specific period before u may apply for a sponsor ship or one may land and sponsor the other day ...

A PR must be residing in Canada in order to sponsor a child. It is not necessary to be in Canada for a specific period before you apply to sponsor but you must still be able to meet the residency requirements because they check that.

It may be a good idea to write a letter with the application explaining that the family had to finish some projects in old country before settling in Canada and are now ready to settle which is why the mother has already moved to Canada in order to sponsor the child.

The mother should be careful about not leaving Canada again during the sponsorship process unless it is for a very short time. People have been refused in the past because they thought they could just go to Canada, file for sponsorship and then rejoin their family in old country to wait for the processing to be done. When immigration finds out that the PR is no longer in Canada, they can cancel the application.

Immigration will not refuse you admission because you have been away for more than 36 months but they could report you for not meeting the residency requirements. In most cases they don't seem to bother. Especially when people are open with them, admit fault and explain why. If it happens anyway, you will be able to appeal this. With a wife who meets the requirements and two small children, you would most likely win the appeal. If not, she can always sponsor you again.

 

[anaesthetist]

big big help .. thank u so much leon

 

[ayk]

Hi,

Need expert advice and guidance

I have landed in Toronto Ontario on 15th June 2012 and am awaiting my PR card, the current timelines say it will take 46 business days for the card to arrive i.e. I should receive the card by 15th or 17th Aug.

I have a need to travel to Indonesia for a 2/3 days in July end and then return back to Canada, however I have not received my PR card yet.
Can I request for speeder processing of my PR card ? providing my travel tickets etc ? Can CIC issue my PR card on priority?
if not what would be the other alternative ? my home country/ visa office is New Delhi/India, as I will not be in my home country how could I apply for travel documents ?

Please advice.
AYK

 

[PMM]

Hi

Hi,

Need expert advice and guidance

I have landed in Toronto Ontario on 15th June 2012 and am awaiting my PR card, the current timelines say it will take 46 business days for the card to arrive i.e. I should receive the card by 15th or 17th Aug.

I have a need to travel to Indonesia for a 2/3 days in July end and then return back to Canada, however I have not received my PR card yet.
Can I request for speeder processing of my PR card ? providing my travel tickets etc ? Can CIC issue my PR card on priority?
if not what would be the other alternative ? my home country/ visa office is New Delhi/India, as I will not be in my home country how could I apply for travel documents ?

Please advice.
AYK

1. No, there is no expedited processing for the initial PR card.
2. You apply for a Travel Document at Jakarta http://www.canadainternational.gc.ca/indonesia-indonesie/visas/travel-documents-perm-titres-voyage.aspx?view=d

 

[anaesthetist]

Reference to my earlier posts: For my wife to sponsor my child born outside canada, does she need to show proof of finances. and how much if yes. Also, as I checked, it would take about 18 months for my child to get sponsored if my wide leaves her behind n then apply. would u suggest it might be better if my wife takes her along on a travel visa n then apply with her being in canada with her. pls advise. thnk u

 

[anaesthetist]

Also as stated at cic.gc.ca one needs to have a basic salary of 36000 $ in order to sponsor plus an additional 8000 $. but if my wife was to come to canada and then apply for sponsorship of my daughter, how would that wotk out then, cuz as she s just arrived she would nt have any basic salary at all. also she defi would not be earning 36000 $ annually at home show. how does it work .

 

[Leon]

Also, as I checked, it would take about 18 months for my child to get sponsored if my wide leaves her behind n then apply. would u suggest it might be better if my wife takes her along on a travel visa n then apply with her being in canada with her. pls advise. thnk u

Refer to my earlier posts: There are two options:

1. Your wife goes alone or with the older child leaving the baby with you and starts the sponsorship from Canada. I hope it doesn't take as long as 18 months. The times on the CIC websites are for 80% of applications and children are usually faster because the medicals and background checks are minimal.

2. Your wife applies for a TRV or if it is denied because the intention is not for the child to stay temporarily, she applies for a TRP. Takes the child with her to Canada and sponsors, then there is a possibility that the child is not covered under health care. If it is on a TRV, probably not. If it is on a TRP, possibly. You would have to have insurance for the initial time in Canada and if the child turns out to not be covered, you would have to continue to have emergency insurance for the child.

Also as stated at cic.gc.ca one needs to have a basic salary of 36000 $ in order to sponsor plus an additional 8000 $. but if my wife was to come to canada and then apply for sponsorship of my daughter, how would that wotk out then, cuz as she s just arrived she would nt have any basic salary at all. also she defi would not be earning 36000 $ annually at home show. how does it work .

Read again. When sponsoring a spouse or dependent child, there is no specific income requirement. They could still refuse if your wife has absolutely no income and it is not clear how she will support herself and child in Canada but if she says that you are the breadwinner and shows your income, she should be fine.

 

[anaesthetist]

Hello Leon .. Regarding my earlier posts. I still have a query. Can the immigration people refuse me entry because I have overstayed in my home country although me wife n daughters would be in canada. I mean its scary that they dont allow me entry. If yes, what would my options be. and is it a real possibility under current law. pls advice

 

[PMM]

Hi

Hello Leon .. Regarding my earlier posts. I still have a query. Can the immigration people refuse me entry because I have overstayed in my home country although me wife n daughters would be in canada. I mean its scary that they dont allow me entry. If yes, what would my options be. and is it a real possibility under current law. pls advice

Yes, if you don't meet your residency requirements, you can be refused and reported. You would be allowed to enter Canada would have 30 days to appeal the removal order.