Question regarding principal applicant

[Asher]

I want to ask that if Principal applicant passes away and family has the landing papers/immigrant visa so does anyone know that the family can still fly out and the Canadian immigration is compassionate enough to let them enter. If there is any example of this happening please let us know how it happened and what was the process.

 

[computergeek]

I want to ask that if Principal applicant passes away and family has the landing papers/immigrant visa so does anyone know that the family can still fly out and the Canadian immigration is compassionate enough to let them enter. If there is any example of this happening please let us know how it happened and what was the process.

If this is a parental (or grandparent) sponsorship, this is covered by Operational Bulletin 369: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob369.asp

Basically, you need to inform the visa office, provide them with the updated forms and they will then update the computer records accordingly. This will take some time, but it should be a matter of a few months.

 

[Asher]

What if we land there without the Principal applicant but with the landing VISA and we haven't informed them yet so what will they do at the airport ?

 

[MRS SAM]

What if we land there without the Principal applicant but with the landing VISA and we haven't informed them yet so what will they do at the airport ?

principle applicant has to land before or with the secondry applicant's

 

[scylla]

principle applicant has to land before or with the secondry applicant's

Agreed. If you just show up at immigration without the principle applicant they won't let you land.

 

[Asher]

Does anyone has experienced such thing that is landing without principal applicant and being deported ?
After all its a natural cause and we don't have any sort of control over it.

 

[computergeek]

Does anyone has experienced such thing that is landing without principal applicant and being deported ?
After all its a natural cause and we don't have any sort of control over it.

You won't be deported you would just be refused permission to land in Canada. They may send you home, or they may allow you into Canada as visitors while you sort out things. But I don't see any scenario in which they will permit you to become permanent residents without the PA. Just contact the VO, tell them what has happened and ask them what they require to change the file so the survivor is the PA.

 

[Asher]

But what if family lands at airport without PA but with the death certificate, will they allow us to arrange the lawyer and defend our case or they'll deport us back to where we came from ? Does anyone of you have experienced such thing ?

On humanitarian ground will they listen to us and help us out ?

 

[computergeek]

But what if family lands at airport without PA but with the death certificate, will they allow us to arrange the lawyer and defend our case or they'll deport us back to where we came from ? Does anyone of you have experienced such thing ?

The border officer doesn't have the discretion to allow you to land without the PA. I don't know if he would grant you temporary visitor status, or would refuse you entry into Canada, but in either case it will be the visa office that must resolve the issue. There's a clear process here, so the visa office knows HOW to do it, but in my view flying to Canada, only to be refused the ability to land and possibly being required to go home sounds like a risky path to follow.

I've never heard of anyone being allowed to land before the PA.

 

[OhCanadiana]

The border officer doesn't have the discretion to allow you to land without the PA. I don't know if he would grant you temporary visitor status, or would refuse you entry into Canada, but in either case it will be the visa office that must resolve the issue. There's a clear process here, so the visa office knows HOW to do it, but in my view flying to Canada, only to be refused the ability to land and possibly being required to go home sounds like a risky path to follow.

I've never heard of anyone being allowed to land before the PA.

Agree.

Asher - sorry for your loss. Perhaps if you share additional details we can help provide more specific information (e.g., for parent sponsorship there is a procedure in place to switch principal applicants if necessary).

In the meantime, FWIW, the entry procedure for family members arriving before the PA is outlined in ENF-04 on page 49:

"12.14. Family members arriving before the principal applicant
Occasionally, a BSO at Immigration Secondary will encounter a family member who arrives
before the principal applicant and is seeking permanent residence. R51(b) requires a permanent
resident visa holder to establish that they and their family members, whether accompanying or
not, meet the requirements of the Act and Regulations. For a family member to meet these
requirements, it is usually incumbent on the principal applicant being admissible at the port of
entry. This also holds true for the principal applicant arriving before their family members.
A BSO encountering this situation should obtain the following information from the family member
or principal applicant:
• why the family member or principal applicant is preceding the rest of the family (for example,
to seek accommodation or employment, lack of a seat on the aircraft carrying the principal
applicant, etc.);
• when the rest of the family is due to arrive; and
• the person's means of support.
The BSO should complete the verification process but should not grant permanent resident status
to the family member. If the person has a valid permanent resident visa and the BSO is satisfied
that the rest of the family intends to come to Canada, the BSO may wish to defer the examination
pursuant to A23 in order to obtain more information or wait until the rest of the family arrives so
they may be examined.
The BSO should enter the information into FOSS by means of an NCB, which indicates that the
granting of permanent residence has been deferred pending the arrival of the rest of the family.
Note: Officers shall include their CBSA user ID (ABC123) and badge number when entering or
amending remarks in FOSS.
If the BSO has reasonable grounds to believe that the rest of the family will not be coming to
Canada, the BSO should initiate enforcement action unless the person qualifies in their own right
for permanent resident status."