Possible for PR Holder to Sponsor Child from Outside Canada

[concerned parent]

Hi - Am looking for solution to my situation and wld appreciate any advice. I rcvd my PR docs while i was pregnant. I wld. not have been able to get insurance coverage by the time i was due so I landed and then left after being told that I can apply for Temporary visa for my child and then come and sponsor. However now I have been told that they will not issue temp visa if they think that the child will not be returning.

I read in one of the discussion trails that :

5. One other possibility is that you and your wife "land" in Canada and then return to India for the birth of the baby. Once the baby is born you can return to Canada and sponsor the baby.

So my question is can i sponsor while i am outside Canada, I am only PR holder or can i apply for temp visa, come in apply and then once approved, return.

Appreciate any help. Tks so much!

 

[PMM]

Hi

Hi - Am looking for solution to my situation and wld appreciate any advice. I rcvd my PR docs while i was pregnant. I wld. not have been able to get insurance coverage by the time i was due so I landed and then left after being told that I can apply for Temporary visa for my child and then come and sponsor. However now I have been told that they will not issue temp visa if they think that the child will not be returning.

I read in one of the discussion trails that :

5. One other possibility is that you and your wife "land" in Canada and then return to India for the birth of the baby. Once the baby is born you can return to Canada and sponsor the baby.

So my question is can i sponsor while i am outside Canada, I am only PR holder or can i apply for temp visa, come in apply and then once approved, return.

Appreciate any help. Tks so much!

No, and No. One of the parents as you are a PR must return to Canada, take up residence and then sponsor.

PMM

 

[arashid92]

Hi

No, and No. One of the parents as you are a PR must return to Canada, take up residence and then sponsor.

PMM

hi
can you please guide me. me and my wife are permanent residents.
i want to apply for my child born outisde canada, we want to move permanently after an year.Can i go to canada now , apply for the new born and then again come back to Gulf ? and move permanently after an year ,or do i need to stay inside canada throughout the processing ?

 

[canuck_in_uk]

hi
can you please guide me. me and my wife are permanent residents.
i want to apply for my child born outisde canada, we want to move permanently after an year.Can i go to canada now , apply for the new born and then again come back to Gulf ? and move permanently after an year ,or do i need to stay inside canada throughout the processing ?

As a PR, you need to remain in Canada. If you left Canada during the processing, you would no longer qualify to sponsor your child and the application would be cancelled.

 

[Leon]

As a PR, you must be residing in Canada to sponsor. It is not enough to quickly make a trip to Canada to mail in the sponsorship package. When immigration finds out that you are not living in Canada, they will simply cancel the application.

In order to avoid being separated from your family, you can try to apply for a TRV (visit visa) for the baby in order to go as a family together. If you are denied based on that your intention is for the baby to stay permanently and not to visit, you can apply for a TRP based on H&C grounds that it would be extremely stressful for you and your family to be separated for months while you go to Canada to sponsor and your wife must wait with the baby in another country. If you get either visa, TRV or TRP, you can take your baby to Canada for the sponsorship. If you are denied both, you will have no choice but to go alone and apply to sponsor while your wife waits with the baby.

 

[screech339]

One of my concern with your situation of being both PR parents is the 3 out of 5 year requirement to maintain your PR status. This seems quite unlikely due to the range of 5 year limit. However if you have already spent 2 years outside Canada, by keeping one parent to stay with child while waiting for other to file for child PR, may hurt the wife's PR status as then she may lose the PR status sue to not meeting the 3/5 years requirement.

Like I said before don't know how long you have already been outside Canada. Only you know this yourselves. Just keep your PR status in mind when considering the route of leaving one PR parent behind to stay with child outside canada.

Screech339

 

[bbehrad]

Dear Screech,
Is it 2 or 3 out of 5 years to maintain PR status? I believe 2 for PR status and 3 for citizenship.
I have the same case and same concerns. Has anyone experience applying TRV or TRP for the same case. I am living in gulf and should apply through Abudhabi visa office. Any experience with this visa office?

Regards,
BB

One of my concern with your situation of being both PR parents is the 3 out of 5 year requirement to maintain your PR status. This seems quite unlikely due to the range of 5 year limit. However if you have already spent 2 years outside Canada, by keeping one parent to stay with child while waiting for other to file for child PR, may hurt the wife's PR status as then she may lose the PR status sue to not meeting the 3/5 years requirement.

Like I said before don't know how long you have already been outside Canada. Only you know this yourselves. Just keep your PR status in mind when considering the route of leaving one PR parent behind to stay with child outside canada.

Screech339

 

[scylla]

2 out of 5 years for PR. 3 out of 4 years for citizenship.

 

[Rust]

As a PR, you must be residing in Canada to sponsor. It is not enough to quickly make a trip to Canada to mail in the sponsorship package. When immigration finds out that you are not living in Canada, they will simply cancel the application.

In order to avoid being separated from your family, you can try to apply for a TRV (visit visa) for the baby in order to go as a family together. If you are denied based on that your intention is for the baby to stay permanently and not to visit, you can apply for a TRP based on H&C grounds that it would be extremely stressful for you and your family to be separated for months while you go to Canada to sponsor and your wife must wait with the baby in another country. If you get either visa, TRV or TRP, you can take your baby to Canada for the sponsorship. If you are denied both, you will have no choice but to go alone and apply to sponsor while your wife waits with the baby.

The chances are quite low to get a TRV visa if you are willing to bring your child to Canada for good. I've been in the same shoes back in Oct.'13 when I applied twice: first for TRV, then for TRP ('P' stands for permit) and got dinged. I've read quite a lot on the topic and it all depends on the country and a particular visa officer, who is going to review your case.

You can read more on the settlement.org, the forum's topic called Child Born Overseas (cannot post a link here)

Also, here is the reply on my request for TRP for my dependent child from the Canadian embassy in Russia when I received refusal for a TRV in the first place. Hope it will help.

Dear Sir/Madam,

Based on the information you have provided, you are a Permanent Resident (PR) who is currently residing outside of Canada and you have a child who were born outside of Canada after you obtained your PR status. Please note that a PR who does not live in Canada is not eligible to sponsor close family members for permanent residence.

In order to sponsor a close family member, you, the sponsor, must reside in Canada throughout the sponsorship and application process. If your family intends to return to Canada to live permanently with your non-PR child, you still must submit a TRV application for the child or children.

If the Visa Officer is satisfied that: you (yourself, your PR spouse and any other PR children) meet the residency requirements; and your entire family is relocating to Canada to live permanently, you will receive medical instructions for your child. Do not undertake the medical exam until is requested by the Visa Officer. Once we received the results of the medical examination (this process takes approximately 4 weeks) your child may be granted a Temporary Resident Permit (TRP) valid for a single journey to facilitate his entry to Canada. A TRP requires an additional fee. This process would enable you to initiate a sponsorship application for your child or children once you have arrived in Canada. You must complete an application for a TRV and provide as many details about your proposed visit as possible.

Please note that a TRP is not an immigrant visa and it does not give your child PR status upon arrival in Canada. Further details on how to obtain a TRP will be provided if the Visa Officer determines your child is eligible. You will also be required to pay additional applicable fees for the TRP and submit additional documents to demonstrate your family's relocation to Canada. As an example, both PR parents may be asked, among other things, to provide a copy of their resignation letters from their employers with a proof that the resignation has been accepted by their employers, if employed, Do NOT undertake these procedures (resignation from employment) until we have informed you to do so.

The application will be in process for a minimum of 6 weeks.
Please plan accordingly. We hope this information is helpful.

Yours truly,
Immigration Section

 

[bbehrad]

The chances are quite low to get a TRV visa if you are willing to bring your child to Canada for good. I've been in the same shoes back in Oct.'13 when I applied twice: first for TRV, then for TRP ('P' stands for permit) and got dinged. I've read quite a lot on the topic and it all depends on the country and a particular visa officer, who is going to review your case.

You can read more on the settlement.org, the forum's topic called Child Born Overseas (cannot post a link here)

Also, here is the reply on my request for TRP for my dependent child from the Canadian embassy in Russia when I received refusal for a TRV in the first place. Hope it will help.

Thanks Rust,
Has your TRP application been refused as well? What did you do finally?
It seems that the letter you received from visa office has a common template. I have seen in another post almost the same letter from Abu dhabi office but he succeeded to receive TRP.
It seems TRP is the best choice when you want to move all together but at the same time the more time consuming way to get PR since It seems you can only apply through humanitarian and compassionate sponsorship while your child is under TRP in Canada. The worst part is that baby (practically all the family) can't leave Canada until the process has completed which is more than 2 years.