Pass to Canada through US border with two kids who have not PR yet, is it Ok ?

[hwym69]

Hi All,
i have applied on Nov. 2011 for sponsoring my two kids whom was born outside Canada, i am living here waiting the final approval from CIC, which always they are mentioning " under process", the PR will expire on September so somebody recommended me to bring my two kids USA Border, and the border officer could leave them pass with me into Canada, have any one experienced similar case before ??

 

[Leon]

If the kids are visa exempt to Canada, they can enter Canada from the US as visitors. If they are not visa exempt, you need to apply for a visit visa for them to be able to visit.

 

[hwym69]

Thanks Leaon for your response, actually they are not, but can i apply for a visit visa for them during sponsorship is processing ? by the way my PR card will expire Sept.2013, and i am not complete 730 days yet, so neither i can renew it or leave Canada to see my kids, is it a solid reason for the immigration to give the kids a visit visa ?

 

[Msafiri]

Thanks Leaon for your response, actually they are not, but can i apply for a visit visa for them during sponsorship is processing ? by the way my PR card will expire Sept.2013, and i am not complete 730 days yet, so neither i can renew it or leave Canada to see my kids, is it a solid reason for the immigration to give the kids a visit visa ?

1. Were the kids born before or after you got PR?

2. Do they have valid US visas?

3. Where is the other parent in this?

 

[Leon]

Thanks Leaon for your response, actually they are not, but can i apply for a visit visa for them during sponsorship is processing ? by the way my PR card will expire Sept.2013, and i am not complete 730 days yet, so neither i can renew it or leave Canada to see my kids, is it a solid reason for the immigration to give the kids a visit visa ?

You are lucky that immigration did not catch that you don't meet the residency requirements when they got your sponsorship application. It could have turned out ugly for you but I guess they did not notice.

You can apply for a visit visa for the kids. Maybe you will get it, maybe you will be refused but you can't know if you don't try.

 

[hwyf]

1. Were the kids born before or after you got PR?

2. Do they have valid US visas?

3. Where is the other parent in this?

Msifiri, thanks for your response, theses are my answers.
1- they born outside Canada ( their ages are 6 & 4)
2- yes they have US valid visas
3- their father is living in between Canada & middle east, but we are seperated from almost two years.

Leon, i beleive they know that, as i had misunderstand in how to calculate the 730 days, they called me already on May 2012, i have informed them i will complete 730days in Jul. 2013, so i think their response is late for that reason.

 

[Msafiri]

Msifiri, thanks for your response, theses are my answers.
1- they born outside Canada ( their ages are 6 & 4)
2- yes they have US valid visas
3- their father is living in between Canada & middle east, but we are seperated from almost two years.

Leon, i beleive they know that, as i had misunderstand in how to calculate the 730 days, they called me already on May 2012, i have informed them i will complete 730days in Jul. 2013, so i think their response is late for that reason.

1. Let me re-phrase my query. Why was the 6 year old not included in your PR application? I'm assuming the 4 year old was not born when you landed.

2. If they have US Visas then you can meet up in the US. As they are not visitor visa exempt to Canada they must apply for visitors visas which are unlikely to be issued as they are undergoing a sponsorship and are not genuine bona fide visitors that will go back home after their visit.

3. Whose custody are they under - the father? CIC need his permission or a court order granting you sole custody of the kids to proceed with the application.

4. As per Leon you are very lucky you have not been reported because you have made CIC aware that you are in breach of the Residence Obligation. You may want to withdraw your sponsorship application until you have 730 days and ideally a valid renewed PR Card.

 

[hwym69]

1. Let me re-phrase my query. Why was the 6 year old not included in your PR application? I'm assuming the 4 year old was not born when you landed.

2. If they have US Visas then you can meet up in the US. As they are not visitor visa exempt to Canada they must apply for visitors visas which are unlikely to be issued as they are undergoing a sponsorship and are not genuine bona fide visitors that will go back home after their visit.

3. Whose custody are they under - the father? CIC need his permission or a court order granting you sole custody of the kids to proceed with the application.

4. As per Leon you are very lucky you have not been reported because you have made CIC aware that you are in breach of the Residence Obligation. You may want to withdraw your sponsorship application until you have 730 days and ideally a valid renewed PR Card.

Msafairi, Let me brief you my case, actually we landed on 2003 me, husband and two kids, my mother had Severe illness in 2006 we went back to our home country.
On 2007 i delivered the third child on home country, so i couldn't to go back to Canada permanently as i have a baby and my Mother was in bad situation, but i have renewed the PR on 2008 safely. from that date the status was complicated.
The answers for your queries are :
1- it is obvious now, isn't ?
2- My PR card will expire by Aug. 2013, so after that date i can't to move to outside Canada to see my babies and come back by expired PR ( this is what i can understand).
3- which application you mean ??? and how i can confirm they are under my custody? especially we are ( me and my husband ) unofficially separated.
4- I told them the Truth and i did not know on that time it is breach of residence obligation but i think the sponsorship processing was delayed for the that reason ( i applied from Nov. 2011 ), i have just checked with CIC, they told me that " the application still under process".
Your Thought my friend and Leaon suggestion (if any) for this complicated case will be appreciated.

 

[Leon]

You can try a visit visa for the non-PR children. If approved, you must ask the airline to take care of them so they can fly alone or get someone to fly with them. You will need permission from the father for them to travel. If refused, you can not leave Canada at the moment because you need to meet your residency requirements first. Once you meet the residency requirements, you can buy a ticket to visit them and use the ticket to apply for an urgent processing of your PR card.

The PR children are also currently outside Canada? They should return before their PR cards expire unless they want to lose their PR.

If you are asked for your husbands persmission for the children to get PR, you will either have to get him to sign it or you will have to fight for custody of the children and get full custody in court.

 

[hwym69]

Thanks Leoan for your reply, What i understood that, i have to apply for PR card renewal first, then go to home country ( after receiving the new PR ), then apply for visit visa for my kids ? may be it will be approved then come back to Canada with Kids, is it correct ?
is this scenario is applicable ???
- shall i inform them that we have applied for sponsorship applications ?
- In case they refused the kids visit visa, is there any chance to accompany my kids to USA and pass to Canada through the US border, i met someone have done it with his children already, the officer provide his kid with visit visa for 6 month"

 

[Leon]

Thanks Leoan for your reply, What i understood that, i have to apply for PR card renewal first, then go to home country ( after receiving the new PR ), then apply for visit visa for my kids ? may be it will be approved then come back to Canada with Kids, is it correct ?

In my opinion, you should not risk travel until you have your new PR card. If your children are refused a visit visa, you can try applying for a TRP in order to bring them to Canada in order to sponsor them.

is this scenario is applicable ???
- shall i inform them that we have applied for sponsorship applications ?
- In case they refused the kids visit visa, is there any chance to accompany my kids to USA and pass to Canada through the US border, i met someone have done it with his children already, the officer provide his kid with visit visa for 6 month"

I have honestly never heard that a person who is not visa exempt, adult or child can just show up at the border and apply for a visit visa there. If you know someone who did this, you need to ask them the details. If the children are visa exempt, of course it is a completely different thing. They would be allowed to enter with a 6 month stamp in most cases then. If you decide to try this after talking to this person some more, you should make sure you have the fathers permission to travel.

 

[hwym69]

Hi Leon, actually i have a plan to leave to home country on Jul.2013 ( after completing 730 days ) to apply for the visit visa for them, to accompany them to go back Canada ( hopefully ), as i am not hurry now to apply for renewal PR , as sometimes the renewal process take more than three month, i am not sure is this the best way but i believe this is what i am looking for.
Excuse me what is TRP ??
The father permission should be written or registered ?? he is in Canada already with the other my two Children.

 

[Leon]

Hi Leon, actually i have a plan to leave to home country on Jul.2013 ( after completing 730 days ) to apply for the visit visa for them, to accompany them to go back Canada ( hopefully ), as i am not hurry now to apply for renewal PR , as sometimes the renewal process take more than three month, i am not sure is this the best way but i believe this is what i am looking for.
Excuse me what is TRP ??
The father permission should be written or registered ?? he is in Canada already with the other my two Children.

A TRP is a temporary visa sometimes given to people who are inadmissible but have H&C reasons for being in Canada anyway. When a PR has a baby overseas and applies for a visit visa for the baby to accompany them to Canada they are sometimes denied based on their plans being for the baby to stay permanently but if a visit visa is refused and the person applies for a TRP instead stating that it is hardship on their family to separate the parents from the children for so long, a TRP may possibly be granted.

Yes, I suppose you can travel since your old PR card is still valid. Does your passport show your last entry to Canada 2 years ago? You should keep some proof of the date you will leave Canada, flight ticket, boarding card etc. so when you come back, if they ask you if you meet the residency requirements, you can show the last entry stamp in the passport when you arrived and your boarding card from when you left.

You should bring a letter from the father allowing the children to travel with you. You may be asked for it by immigration.

 

[hwym69]

Leaon, what you are telling is very valuable, but still obscure, you mean that, i have to apply for TRP ( not visit visa - TRV ) ? or if TRV refused i can apply for TRP ? sorry for annoying you, but as you see it's very critical case.

 

[Leon]

Normally you would try a TRV first. If you are refused, you apply for a TRP.