PR application for my newborn

[Betti242]

Hi there,

My husband and I are PR holders but currently live in Germany. We just had a baby (born in Feb 2016) who we'd like to add as a dependant to also obtain PR for her. From the CIC website it looks like an incredibly complex process to apply for PR for a baby and if I am not mistaken, the processing time stated is 16 months. She has only been in this world for a few weeks...so why would be so complicated to have her added to us as a new family member? Can you please clarify what steps need to be taken and what the right process is?

Also, we are coming to Canada for 6 weeks over the summer. Is there anything that could be done/accelerated at the airport immigration offices when landing? Will there be a problem as we hold PR but our baby doesn't (yet)? Will she be able to enter the country as a visitor?

Thank you very much for your help!

 

[canuck_in_uk]

Hi

You must sponsor her for PR. It will probably take around 6-8 months.

However, you must be residing IN CANADA throughout the entire sponsorship process, so you can't actually sponsor her until you move to Canada.

There is nothing that you can do to expedite the process.

If you come to Canada, the child can enter as a visitor.

 

[rambopg]

If the baby holds a German passport (visa exempt to visit) then it can enter without any problem before Sept. 29. After Sept. 29 people from visa-exempt countries require eTA (http://www.cic.gc.ca/english/visit/visas.asp).

According to my limited knowledge. You cannot sponsor the baby to be a PR unless one of you resides in Canada and files a sponsorship application. The reason being, why would they add a baby to be PR if his/her parents are not residing in Canada and not fulfilling their residency obligation.

 

[Rob_TO]

Hi there,

My husband and I are PR holders but currently live in Germany. We just had a baby (born in Feb 2016) who we'd like to add as a dependant to also obtain PR for her. From the CIC website it looks like an incredibly complex process to apply for PR for a baby and if I am not mistaken, the processing time stated is 16 months. She has only been in this world for a few weeks...so why would be so complicated to have her added to us as a new family member? Can you please clarify what steps need to be taken and what the right process is?

Also, we are coming to Canada for 6 weeks over the summer. Is there anything that could be done/accelerated at the airport immigration offices when landing? Will there be a problem as we hold PR but our baby doesn't (yet)? Will she be able to enter the country as a visitor?

Thank you very much for your help!

As mentioned, at least one of you must be residing in Canada to submit your baby's PR app, and must stay residing in Canada for the entire duration of processing. Temporary and short trips outside Canada during this time are allowed.

Despite if you apply when your baby is in Canada or Germany, you will need to fill in an OUTLAND form to sponsor her: http://www.cic.gc.ca/english/information/applications/fc.asp . Most likely after sponsor is approved in CPC-Mississauga, they will forward on to Vienna office to process the app based on her German citizenship.
During the processing, if you want the baby to stay in Canada during entire time you'll need to keep extending her visitor status as it comes due.

Ignore the 17 months posted on website, as it's an irrelevant time. Basically just shows the worst case time for slowest 20% of apps in the world. Vast majority are done quicker. Expect closer to 6-12 months for a dependent app.

Finally you must be in compliance with the residency obligation (2 of every 5 years in Canada), else you would put your own PR status at risk.

 

[Cantare]

As mentioned, at least one of you must be residing in Canada to submit your baby's PR app, and must stay residing in Canada for the entire duration of processing. Temporary and short trips outside Canada during this time are allowed.

Hello,

May I know what is the official source of this information?

I asked numerous times different sources including CIC agents and an immigration lawyer and they say a PR has to reside in Canada but possible trips out of the country are not forbidden meaning they don't interfere the application progress.

 

[Ponga]

Hello,

May I know what is the official source of this information?

I asked numerous times different sources including CIC agents and an immigration lawyer and they say a PR has to reside in Canada but possible trips out of the country are not forbidden meaning they don't interfere the application progress.

That's exactly what Rob_TO stated in his post. What part of that did you not understand?

The real question is: What does CIC determine to be a `temporary or short trip outside of Canada' to be...1 week, 2 weeks, ? ? ?

If you really need the official language, you'll need to read through the CIC OP manuals and/or the CBSA Enforcement manuals; it's in one (or more) of them...somewhere.

 

[Cantare]

LOL, I do understand English. I just don't understand this attitude! What are you jumping for?
The point is when someone quotes any information to support it with facts.
I can write whatever I want here and if 10 other people repeat it, will be the truth, huh?

 

[Rob_TO]

Hello,

May I know what is the official source of this information?

I asked numerous times different sources including CIC agents and an immigration lawyer and they say a PR has to reside in Canada but possible trips out of the country are not forbidden meaning they don't interfere the application progress.

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp
Sponsorship eligibility

In order to sponsor, you must…

live in Canada or provide evidence, if you are a Canadian citizen living outside of Canada, that you will live in Canada once the person you are sponsoring becomes a permanent resident.


So as mentioned, if you aren't a Canadian citizen then you must be living in Canada. Short or temporary trips are allowed, but if you're gone long enough for CIC to consider you no longer living in Canada, the app will be cancelled. Most recommend to keep trips to under a month in duration, and not done frequently.

 

[Betti242]

Thank you very much for your help and clarification!

We moved back to Germany to support a very sick family member but are planning to move back to BC soon to not lose our PR status.
What is the process around spending those 2 out of 5 years in Canada - do they really count every single day to ensure 730 days in the country have been fulfilled? And is there a threshold, meaning what happens if I only spend 680 days? Would that really put my PR at risk?

All my best,
Bettina

 

[Ponga]

You must reside in Canada for at least 730 days for each rolling 5 year period. Anything less than that is a violation of the Residency Obligation.

It will not impact your entry into Canada, because even a PR that has not met the RO still has the right to enter Canada. It is up to the CBSA officer as to whether or not s/he notices that you have breached the condition and, if so, if you will be reported to CIC.

 

[MilesAway]

Thank you very much for your help and clarification!

We moved back to Germany to support a very sick family member but are planning to move back to BC soon to not lose our PR status.
What is the process around spending those 2 out of 5 years in Canada - do they really count every single day to ensure 730 days in the country have been fulfilled? And is there a threshold, meaning what happens if I only spend 680 days? Would that really put my PR at risk?

All my best,
Bettina

CIC can and will check your residency history, and they are strict. If you are under the required number of days, they could take action to revoke your PR.