Probable Resident status Revocation ...please advise

[Leon]

Hi MsaFiri, leon and other experts,

Today, one lawyer suggested a mid way. He told that any friend who is Canadian citizen can apply for TRV (visitor visa) for my daughter and some other relatives to invite for some social occasion. This way my daughter might get a TRV along with rest of the relatives who are also invited for such social occasion. Thus my daughter can stay with us for 6 months and then we can apply for renewal. This is an arrangement till we complete RO.

Can you please help again to validate this suggestion? Can any Canadian citizen can call anybody's daughter (3.5 years) just like for any visiting Canada? !!!!!!

Please guide.

Yes, it is possible if say it is stated that the daughter is currently in the care of the relatives so can not be left behind and they have a signed statement from the parents of the child allowing them to travel with her.

They would formulate it in the application something like:

I (name) wish to invite my relatives to visit me for the special occasion of ...

The names of the visiting relatives are:
name1 (fill in relation like brother, cousin etc.)
name2, spouse of name 1
name3, child currently in the guardianship of name1 and name2

some more names for more relatives if they'd like

where name 3 is your daughter. With the invitation letter when they apply for the visit visas, also include a letter from the relatives who are taking care of her that the child they are taking with is not their child but currently in their care and include a letter from the parents of the child allowing them to travel with her. You can find a form here: http://travel.gc.ca/travelling/children/consent-letter

 

[Msafiri]

Hi MsaFiri, leon and other experts,

Today, one lawyer suggested a mid way. He told that any friend who is Canadian citizen can apply for TRV (visitor visa) for my daughter and some other relatives to invite for some social occasion. This way my daughter might get a TRV along with rest of the relatives who are also invited for such social occasion. Thus my daughter can stay with us for 6 months and then we can apply for renewal. This is an arrangement till we complete RO.

Can you please help again to validate this suggestion? Can any Canadian citizen can call anybody's daughter (3.5 years) just like for any visiting Canada? !!!!!!

Please guide.

Visa Officer deals with these scenarios on a daily basis...his/her first question is where are the parents in all this. If in Canada what is their status and as PRs why are they not sponsoring? They will then dig into the Canadian Citizen inviting and their role in this. All the invitees could get bounced. I think its no dice and actually opens up the risk of misrepresentation and with the IRPA as set up you don't want this. Good luck though.

 

[DVR]

Dera Msafiri and Leon,

Thanks for your response.

While we apply for the TRV, we shall put a detail letter explaining that while sponsorship of child is in process she and other relatives wants to attend a social event based on the invitation letter from Canadian citizen.

Do you think its worth a try?

Anyways, we do not have any hope remaining. In case if they all get the visa, we have miraculous advantage that my daughter will travel here along with relatives and family will unite for 6 months. if they don't get the visa then what more damage will happen then current state?

Hence, I bit inclined to apply TRV this way.

Also I have heard the if u r on Visit visa in USA, u can come to Canada and stay here for a month. Is it true?

I mean, I am thinking of applying either Canada TRV or US tourist VISA thru which my daughter can join family even though for short time.

appreciate your views.

 

[keesio]

if they don't get the visa then what more damage will happen then current state?

As Msafiri mentioned, you can bring scrutiny to everyone involved - yourself, any relatives traveling with your daughter, the Canadian relative/friend that you will rely on to sponsor for the TRV, etc...

 

[canuck_in_uk]

Also I have heard the if u r on Visit visa in USA, u can come to Canada and stay here for a month. Is it true?

No, that is not true. A US visitor visa does not give a person the right to enter Canada.

 

[DVR]

Thanks for your responses.

In all latest discussion about TRV about my daughter (which has already been rejected twice last year), I forgot to ask, is there any hope for applying TRP still while sponsorship application is in process? please advise.

Reason for asking this is that as of now we are thinking that one parent may go back to take care of daughter and lose the PR. But to avoid this, we want to try all those options thru which we can bring our daughter here. if nothing works then, one parent will leave.

 

[ukhalid74]

Dear All,

My case is somewhat similar to the below one.

Due to parent issue i failed to fullfill the residence obligation , yet i applied for renewal ( no humanitarian ground was claim) and got RQ from CIC, on advice from different corners including lawyers i request for withdrawal.

Its been almost seven month that my withdrawal request was with cic and on website ststus was marked as " In process".

Last week there was no information appeared abt my PR Case neither inprocess nor withdraw marked there.

A) can somebody put some light on it
B) should i wait two year for renewal application, mean once i complete RO ONLY then apply thiz time.
C)One get waiver/ exempted from RO if staying outside with canadian citizen spouse, does it imply that if i manage to get married with canada citizen now , can file renewal without RO obligation in this scenario

Plz advise
Kind Regards

 

[Pippin]

Any person, regardless of age, who applies for a TRV has to prove to the VO that they will not over stay and has strong ties back home. Thinking of a young child whose parents are in Canada, do you think the VO will be convinced? This is why a TRP is used in these instances, as the child does not qualify for the TRV. I am not an expert and do not post this to encourage you to apply for a TRV as it sounds as if the other seniors have given you lots of good advice to avoid dealing with CIO at this time.

 

[DVR]

Thanks for your prompt response.

Dear Leon, Msafiri and other seniors .....

So now chances of getting TRV is bleak, should I try for TRP while my sponsorship application is already with CIC?

Is there any harm? or we should simply take decision of one parent leaving?

Appreciate your view here to help us take right decision.

regards,
DVR

 

[Msafiri]

Sure you can apply for a TRP. The application form is not readily available at Visa Post websites so you may have to hunt for it on the CIC forms list. Type TRP as a search on this forum and there will be several examples. Note the TRP fee too is different.

 

[DVR]

Dear Members,

Wishing you all very happy holidays in advance and I thank all of you for advising and guiding me since last 2 years.

I would like to bring to your attention that all the problems have been sorted out for me. My PR was renewed. My daughter's sponsorship was granted and she landed few weeks back. My family is reunited. Its seems Liberals (Justin) seems to be very lucky for us. Day he was elected, My daughter's Medical papers came and the day he took oath, my daughter's COPR came. Please find be low the Key Lessons learned.

1. Please have full faith in CIC. They do thorough investigation of each case and If you are true then you do not have to worry. just have patience.
2. As suggested by Leon and Msfari many times, if you are not reported at airport then simply keep quite and stay in Canada for 2 years and then you are good.
3. Never ever fall in the trap of such lawyers who claim that they can do some special push to the case and expedite the case. Its not possible at all according to my understanding. CIC takes its own sweet time.

Thanks again all of you and god bless you all.

Best Regards,
DVR




Many thanks in advance.

Regards,
DVR

 

[Zaraali]

Congratulations!

 

[Pippin]

I am so happy to read the conclusion of your struggle. All the best for your future.

 

[rehanzubair]

Dear Leon,

I've noticed your helpful responses to other forum members, I hope you can advise me on my situation as well.

Myself, my wife and son all have PR cards that are to expire in June 2018. I am not planning on immigrating to Canada next year, I need to wait a few more years due to personal circumstances. I was looking to voluntarily give up our PR status and file a fresh new case for immigration under the Express Entry program. However, an acquaintance of mine who is settled in Canada advised me against giving up my current PR status and taking the risk of my new case being rejected for any reason. Instead, she advised me to wait until such a time as I'm ready to permanently move to Canada (let's say in 2021) and then cross the border by car through the US. The border patrol are generally lenient and mostly don't report you even if your PR cards are expired. At worst, even if they did report you, by the time you're called in to appeal and re-appeal, you would have spent the minimum 2 years required to stay in Canada and will qualify to renew your PR anyways.

However, my little daughter doesn't have a PR card at all as she was born after our immigration process had been completed (i.e. we did our landing and got our PR cards). As such, I foresee a few risks in following the 'border crossing by car' approach. Namely:

1. Even if me, my wife and son got into Canada through the border with expired PR cards, my daughter wouldn't be let through as she doesn't have a PR status.

2. Even if they let her through based on some temporary entry permit issued on-the-spot, I would need to file for temporary RESIDENCE permit for her as soon as we're in Canada since she'll need it to go to school.

3. Soon as I apply for temporary residence permit for her, my case will be flagged in the CIC system and they'll be forced to review it and find that myself and my family aren't qualified PR card holders as we haven't fulfilled the 2-year minimum stay requirements, jeopardizing ALL of us in the process.

Am I right in the above assumptions? Appreciate it if you can advise me please.

 

[rish888]

Dear Leon,

I've noticed your helpful responses to other forum members, I hope you can advise me on my situation as well.

Myself, my wife and son all have PR cards that are to expire in June 2018. I am not planning on immigrating to Canada next year, I need to wait a few more years due to personal circumstances. I was looking to voluntarily give up our PR status and file a fresh new case for immigration under the Express Entry program. However, an acquaintance of mine who is settled in Canada advised me against giving up my current PR status and taking the risk of my new case being rejected for any reason. Instead, she advised me to wait until such a time as I'm ready to permanently move to Canada (let's say in 2021) and then cross the border by car through the US. The border patrol are generally lenient and mostly don't report you even if your PR cards are expired. At worst, even if they did report you, by the time you're called in to appeal and re-appeal, you would have spent the minimum 2 years required to stay in Canada and will qualify to renew your PR anyways.

However, my little daughter doesn't have a PR card at all as she was born after our immigration process had been completed (i.e. we did our landing and got our PR cards). As such, I foresee a few risks in following the 'border crossing by car' approach. Namely:

1. Even if me, my wife and son got into Canada through the border with expired PR cards, my daughter wouldn't be let through as she doesn't have a PR status.

2. Even if they let her through based on some temporary entry permit issued on-the-spot, I would need to file for temporary RESIDENCE permit for her as soon as we're in Canada since she'll need it to go to school.

3. Soon as I apply for temporary residence permit for her, my case will be flagged in the CIC system and they'll be forced to review it and find that myself and my family aren't qualified PR card holders as we haven't fulfilled the 2-year minimum stay requirements, jeopardizing ALL of us in the process.

Am I right in the above assumptions? Appreciate it if you can advise me please.

I don't think there is any "on the spot" visa issued by CBSA at a POE.

If everyone in your family is a PR I would have gone with your friend's suggestion of taking the POE route, but having a non-Canadian kid complicates that.

If you still qualify for immigration and can meet all the statutory checks (medical, criminality etc) then maybe reapplying is better since you are not in a hurry to get back to Canada anyway. I may be wrong but I think the processing time under Express Entry is 6-9 months.