PR visa for child - Sponsor by parent with Unique situation

[moliKT]

Experts,

We have a scenario where I am the PR holder and sponsored by spouse

1. I am outside canada now and my spouse is inside canada who has landed with new PR card with my sponsorship .

2. my spouse is inside canada with less than one year completion.

Saying that, we want to sponsor the child PR visa. can my spouse sponsor for child PR visa while am outside?

Appreciate experts input here.

thanks

 

[Gurjee]

Experts,

We have a scenario where I am the PR holder and sponsored by spouse

1. I am outside canada now and my spouse is inside canada who has landed with new PR card with my sponsorship .

2. my spouse is inside canada with less than one year completion.

Saying that, we want to sponsor the child PR visa. can my spouse sponsor for child PR visa while am outside?

Appreciate experts input here.

thanks

Hi what is your timeline for spousal sponsorship?

Is your VO NDVO ?

One more question did you got PR with trv biomatrics or they requested new BIL ?

 

[armoured]

Saying that, we want to sponsor the child PR visa. can my spouse sponsor for child PR visa while am outside?

If your spouse is inside Canada and holds a PR card, then he/she can sponsor the child.

 

[moliKT]

If your spouse is inside Canada and holds a PR card, then he/she can sponsor the child.

Thanks for your swift response !!
Doesn't he need to meet that 5 years duration for child sponsoring right?

As am confused with this statement on who can't sponsor without meeting that 5 years

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

Kindly clarify

 

[YVR123]

Thanks for your swift response !!
Doesn't he need to meet that 5 years duration for child sponsoring right?

As am confused with this statement on who can't sponsor without meeting that 5 years

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

Kindly clarify

You need to meet your RO to sponsor.

Time lived in Canada
To keep your PR status, you must have been in Canada for at least 730 days during the last five years. These 730 days don’t need to be continuous. Some of your time outside Canada may count towards the 730 days you need.

https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

[armoured]

You need to meet your RO to sponsor.

Time lived in Canada
To keep your PR status, you must have been in Canada for at least 730 days during the last five years. These 730 days don’t need to be continuous. Some of your time outside Canada may count towards the 730 days you need.

https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

Yes, but: in this case (as I understand, anyway) the sponsoring-parent is going to be the parent who just arrived. Since one gets 'credit' for the future time (until the fifth year anniversary), the recent arrivee is eligible. As long as they are IN Canada.

[Easier way to calculate, repeating myself: if in first five years PR has been OUTSIDE of Canada LESS than 1095 days (three years total by day count), then still compliant with RO.

 

[armoured]

Thanks for your swift response !!
Doesn't he need to meet that 5 years duration for child sponsoring right?

That requirement is to sponsor a spouse, not a child. (I don't know which of you is 'he' here - if 'he' is out of Canada, he is not/cannot be the sponsor.)

 

[canuck78]

Experts,

We have a scenario where I am the PR holder and sponsored by spouse

1. I am outside canada now and my spouse is inside canada who has landed with new PR card with my sponsorship .

2. my spouse is inside canada with less than one year completion.

Saying that, we want to sponsor the child PR visa. can my spouse sponsor for child PR visa while am outside?

Appreciate experts input here.

thanks

Just to clarify since you seem to have a baby while abroad had you been living in Canada while sponsoring you spouse and left after they landed as a PR? Based on previous post that may not have been the case. Did you inform IRCC that you left Canada during the sponsorship process? How long did you spend outside Canada during the sponsorship period? Was this inland or outland sponsorship? If this was an inland application how much time did you spend not cohabitating? As soon as someone is a PR they can sponsor their child if they remain in Canada. If you didn’t remain in Canada as a PR during sponsorship and didn’t inform IRCC that you left during the sponsorship period this new application will highlight that you weren’t compliant with the terms of spousal sponsorship. And that you spouse returned to Canada and landed while you still remain abroad. It will be up to IRCC if they take action. Would add that you also may no longer meet the residency requirements to qualify for provincial healthcare and face to reapply for a new health card. Even if your health card is not expired you must reapply if you haven’t met the residency requirements and start the process all over again. Residency requirement vary by province. If you don’t reapply and haven’t met the residency requirements you could be asked to repay any care you receive.

 

[YVR123]

Yes, but: in this case (as I understand, anyway) the sponsoring-parent is going to be the parent who just arrived. Since one gets 'credit' for the future time (until the fifth year anniversary), the recent arrivee is eligible. As long as they are IN Canada.

[Easier way to calculate, repeating myself: if in first five years PR has been OUTSIDE of Canada LESS than 1095 days (three years total by day count), then still compliant with RO.

I am not sure how long OP has stayed outside of Canada but he landed back in Aug 20, 2017

The spouse would be newly landed and there is no 5 years wait to start to sponsor a dependent. So that spouse would meet RO. Just not sure if they have proof of income (no fix number) or savings to support the child.
Frankly, I don't understand what "2. my spouse is inside canada with less than one year completion. " means.

 

[armoured]

I am not sure how long OP has stayed outside of Canada but he landed back in Aug 20, 2017

The spouse would be newly landed and there is no 5 years wait to start to sponsor a dependent. So that spouse would meet RO. Just not sure if they have proof of income (no fix number) or savings to support the child.
Frankly, I don't understand what "2. my spouse is inside canada with less than one year completion. " means.

Good point - I was referring to whichever parent is IN Canada, and sponsoring, I may have mixed up who had posted, etc.

 

[moliKT]

Yes, but: in this case (as I understand, anyway) the sponsoring-parent is going to be the parent who just arrived. Since one gets 'credit' for the future time (until the fifth year anniversary), the recent arrivee is eligible. As long as they are IN Canada.

[Easier way to calculate, repeating myself: if in first five years PR has been OUTSIDE of Canada LESS than 1095 days (three years total by day count), then still compliant with RO.

That clarifies !!!

Thank you so much!

So to sponsor child , the new PR holder can sponsor as early right.

 

[moliKT]

Good point - I was referring to whichever parent is IN Canada, and sponsoring, I may have mixed up who had posted, etc.

I am not sure how long OP has stayed outside of Canada but he landed back in Aug 20, 2017

The spouse would be newly landed and there is no 5 years wait to start to sponsor a dependent. So that spouse would meet RO. Just not sure if they have proof of income (no fix number) or savings to support the child.
Frankly, I don't understand what "2. my spouse is inside canada with less than one year completion. " means.

Thank you . Sorry for not being clear

2nd point is... Say if spouse just landed a month ago thru spouse sponsoship , can they sponsor for child PR.

 

[armoured]

Thank you . Sorry for not being clear

2nd point is... Say if spouse just landed a month ago thru spouse sponsoship , can they sponsor for child PR.

Yes. A PR-parent must be in Canada to sponsor. They can sponsor the day after arrival. They must meet other conditions of course but none have to do with minimum time in Canada.

 

[canuck78]

That clarifies !!!

Thank you so much!

So to sponsor child , the new PR holder can sponsor as early right.

How much time do you spend outside Canada while sponsoring your spouse and was IRCC aware that you have been living outside of Canada for an extended amount of time? Your spouse technically qualifies to sponsor their child if they are in Canada but the fact that they weren’t sponsored properly could be an issue. We have seen a case where the spouse’s PR sponsorship got flagged when they applied to sponsor their child. It became clear that both parents had been living out of Canada during the spousal sponsorship process which can’t be done as a PR and had a child during this period. How long did the sponsoring PR live outside of Canada? They still remain outside of Canada which could be problematic.

 

[moliKT]

It was a month outside which ppr arrived by then after which sponsor was outside due to valid personal reason