PR parents moving to canada with a child having TRV

[khurmy]

Hi,

I am a Canadian PR holder who landed with wife and daughter in March 2014. We stayed in Canada for 2 weeks and came back to Dubai due to our work commitment.

In mid 2016 we decided to move permanently to Canada, however because of a pregnancy complication the doctor advised my wife not to travel so we all stayed back.

I applied TRV for my son in feb 2017 which was refused after a long wait of 3 months. I consulted a lawyer who pursued our case and finally the TRV got issued this month i.e. April 2018.

I understand that we must spend 730 days in canada starting from our landing date to be eligible for a PR card renewal. Now when we return to canada, the validity of our PR card will just be about a year.

As the TRV is just issued this month, i understand the officials are already aware of my PR status and the situation i have been through.

I need to understand possible scenarios when we land in Canada as i will be leaving dubai for good:
Can the immigration officer refuse us entry based on the number of PR days?
If we are allowed entry, can i file sponsorship for my child right away as the TRV is just valid until sept 2018?
Can i renew my PR card once it expires in June 2019?

Looking forward for your expert advise.

 

[canuck_in_uk]

Hi,

I am a Canadian PR holder who landed with wife and daughter in March 2014. We stayed in Canada for 2 weeks and came back to Dubai due to our work commitment.

In mid 2016 we decided to move permanently to Canada, however because of a pregnancy complication the doctor advised my wife not to travel so we all stayed back.

I applied TRV for my son in feb 2017 which was refused after a long wait of 3 months. I consulted a lawyer who pursued our case and finally the TRV got issued this month i.e. April 2018.

I understand that we must spend 730 days in canada starting from our landing date to be eligible for a PR card renewal. Now when we return to canada, the validity of our PR card will just be about a year.

As the TRV is just issued this month, i understand the officials are already aware of my PR status and the situation i have been through.

I need to understand possible scenarios when we land in Canada as i will be leaving dubai for good:
Can the immigration officer refuse us entry based on the number of PR days?
If we are allowed entry, can i file sponsorship for my child right away as the TRV is just valid until sept 2018?
Can i renew my PR card once it expires in June 2019?

Looking forward for your expert advise.

Hi

Your son's TRV app has nothing to so with your status, so the officials are not really aware of anything.

You can't be refused entry but you can be reported for failing to meet the Residency Obligation, which will lead to the revocation of your PR status.

No. If you make it in without being reported, you need to spend 2 straight years in Canada to once again be in compliance with the RO before you can sponsor your son. If you sponsor him before then, you will cause an investigation into your status which will likely end in the revocation of your PR status. Note that you may have issues with stuff like provincial healthcare for your child during those two years, as he will only be a visitor.

No. Again, you need to meet the Residency Obligation. If you renew before then, same as above: investigation and revocation.

 

[aiklamha]

Hi

Your son's TRV app has nothing to so with your status, so the officials are not really aware of anything.

You can't be refused entry but you can be reported for failing to meet the Residency Obligation, which will lead to the revocation of your PR status.

Hi canuck,
Just wondering if reporting means that his PR will be revoked? I guess, reporting may or may not result in the revocation based on whether or not the reason for not meeting the RO requirements is justifiable. Do you think the baby's visa rejection may constitute a valid justification?

 

[canuck_in_uk]

Hi canuck,
Just wondering if reporting means that his PR will be revoked? I guess, reporting may or may not result in the revocation based on whether or not the reason for not meeting the RO requirements is justifiable. Do you think the baby's visa rejection may constitute a valid justification?

Hi

If reported, he can appeal. If he doesn't appeal, his status will be revoked.

No, the child's TRV refusal is not a valid justification. From what he has posted, OP does not have any H&C grounds to retain his status.

 

[khurmy]

Hi

If reported, he can appeal. If he doesn't appeal, his status will be revoked.

No, the child's TRV refusal is not a valid justification. From what he has posted, OP does not have any H&C grounds to retain his status.

Hi,

I have a valid reason not to relocate in 2016 and the supporting document is the doctors letter stating that it is unsafe for my wife to travel.

And later the TRV got rejected.

You think they will accept above justification as i never stopped trying and finally got TRV?

Lets say if i do not apply for child's sponsorship, what will be his status for 2 years as the trv will expire in sept 2018?

During these 2 years can i travel outside canada?

 

[canuck_in_uk]

Hi,

I have a valid reason not to relocate in 2016 and the supporting document is the doctors letter stating that it is unsafe for my wife to travel.

And later the TRV got rejected.

You think they will accept above justification as i never stopped trying and finally got TRV?

Lets say if i do not apply for child's sponsorship, what will be his status for 2 years as the trv will expire in sept 2018?

During these 2 years can i travel outside canada?

What are your reasons for the first 2 years? While your wife's medical situation condition could justify a year or so, that's it. The child's TRV refusal isn't grounds; you could have come to Canada while still meeting the RO and applied to sponsor him. Many people do this.

You will need to continue extending his visitor status.

No. If you leave, you can be reported on any entry for not meeting the RO.

 

[canuck78]

Essentially you need to stay in Canada for the next 2 years and avoid contact with IRCC as much as possible. You will have to keep on renewing your baby's visitor status. Also get medical insurance for your baby. You will still have to pay for non-urgent treatment out of pocket but at least any emergency should be covered. I agree plenty of time to move to Canada and you were cutting it close. You could have gotten pregnant while in Canada.

 

[khurmy]

Essentially you need to stay in Canada for the next 2 years and avoid contact with IRCC as much as possible. You will have to keep on renewing your baby's visitor status. Also get medical insurance for your baby. You will still have to pay for non-urgent treatment out of pocket but at least any emergency should be covered. I agree plenty of time to move to Canada and you were cutting it close. You could have gotten pregnant while in Canada.

I am a little confused here, my lawyer says that i should not have any problem applying for sponsorship as my son got TRV approved based on the complete case that he presented to the authorities which was based on my wife's medical condition and the initial TRV being refused.

He has also mentioned that we should not have any problem renewing our PR card as the status has been reinstated and the authorities are aware of the case.

I have now requested him to provide me with some supporting documents.

 

[scylla]

I am a little confused here, my lawyer says that i should not have any problem applying for sponsorship as my son got TRV approved based on the complete case that he presented to the authorities which was based on my wife's medical condition and the initial TRV being refused.

He has also mentioned that we should not have any problem renewing our PR card as the status has been reinstated and the authorities are aware of the case.

I have now requested him to provide me with some supporting documents.

I agree with what everyone else is saying and disagree with your consultant. The fact the TRV has been approved doesn't mean you've been given a pass on being out of Canada and not meeting RO. You need to live in Canada for two years before applying to renew your PR cards or try to sponsor your child for PR. If you try sooner, there's certainly a risk your PR status could be revoked.

 

[khurmy]

Essentially you need to stay in Canada for the next 2 years and avoid contact with IRCC as much as possible. You will have to keep on renewing your baby's visitor status. Also get medical insurance for your baby. You will still have to pay for non-urgent treatment out of pocket but at least any emergency should be covered. I agree plenty of time to move to Canada and you were cutting it close. You could have gotten pregnant while in Canada.

In this case, on what basis will i be applying the renewal of my son's visit visa? and would they consider these 2 years for my son towards his citizenship at a later stage?

What are the benefits my son will be missing during these 2 years?

I was planning to buy one way ticket, however that will not work for my son i suppose as he will be a visitor, and i cannot even buy a return ticket as i will be leaving my work in Dubai and canceling all my visas. Not sure what to do.

We initially landed in Toronto and now planning to go to Calgary. Will that make any difference?

 

[canuck_in_uk]

I am a little confused here, my lawyer says that i should not have any problem applying for sponsorship as my son got TRV approved based on the complete case that he presented to the authorities which was based on my wife's medical condition and the initial TRV being refused.

He has also mentioned that we should not have any problem renewing our PR card as the status has been reinstated and the authorities are aware of the case.

I have now requested him to provide me with some supporting documents.

Get rid of that lawyer. Your son's TRV app has nothing to do with your PR status or your ability to sponsor him. Your status has not been "reinstated" and you have not been granted a pass from failing to meet the RO.

 

[canuck_in_uk]

In this case, on what basis will i be applying the renewal of my son's visit visa? and would they consider these 2 years for my son towards his citizenship at a later stage?

What are the benefits my son will be missing during these 2 years?

I was planning to buy one way ticket, however that will not work for my son i suppose as he will be a visitor, and i cannot even buy a return ticket as i will be leaving my work in Dubai and canceling all my visas. Not sure what to do.

We initially landed in Toronto and now planning to go to Calgary. Will that make any difference?

You can apply based on him staying here with his parents.

Buy a ticket out of Canada somewhere else.

PR status is federal. It doesn't matter where you go.

 

[khurmy]

Thank you all for your useful information.

I need your support to understand the below as well.

Once we land in Calgary, the immigration officer might ask "when was the last time you came to Canada?". As it was in March 2014, he might question the remaining number of days. How can i counter such question?

The officer might also question the duration my son will be staying in Canada as his visit visa will be expiring in Sept 2018. What should be my response?

Appreciate your valuable feedback.

 

[canuck_in_uk]

Thank you all for your useful information.

I need your support to understand the below as well.

Once we land in Calgary, the immigration officer might ask "when was the last time you came to Canada?". As it was in March 2014, he might question the remaining number of days. How can i counter such question?

The officer might also question the duration my son will be staying in Canada as his visit visa will be expiring in Sept 2018. What should be my response?

Appreciate your valuable feedback.

You can only answer with the truth.

 

[khurmy]

Hi

I am planning to bring my furniture and household stuff via sea cargo. For which i will be submitting the "goods to follow" list to the customs at the airport.

As this is the first time i will be submitting the list, i understand it will be duty free. Please confirm.

As i am not meeting RO do you think it will be an issue with the customs?

Thanks