Reply plz its urgent

[AAhmad]

Hi there,
I really really need your help. Here is my background.
I first moved to Canada in April 2009 after my husband who is Canadian Citizen who sponsored me from Pakistan. I went back to Pakistan in May 2009 and stayed until January 2010. I was in Canada from January 2010 to October 2012. I went to Pakistan in October 2012 and I am still there i.e. July 2013. During my stay in Pakistan, I delivered a baby. My questions are,
1. How long can I stay in Pakistan for without my PR status/card get affected? (My knowledge is that I should be entering Canada within a year of my leaving the country)
2. How long will it take for us to sponsor/get my baby's paper work done? If you can guide me what documents I will require for his paperwork, that will be wonderful.
I really need your help and I appreciate your time in advance.

 

[Leon]

You need 730 days in Canada in any rolling 5 year period but days spent with your Canadian citizen spouse overseas also count towards your PR residency requirements.

If your Canadian spouse is Canadian born or a naturalised citizen, your baby is already a citizen but you would need to apply for a citizenship certificate. You can find the forms here: http://www.cic.gc.ca/english/citizenship/proof-how.asp

Islamabad is notoriously slow with processing of all applications but if you have applied for the citizenship certificate and not gotten it yet but need to travel urgently with your baby, you can apply for a temporary passport or a facilitation visa for the baby by showing proof of travel.

 

[AAhmad]

Thanks Leon for prompt reply. He is not a born or naturalised Canadian. He is Pakistani and has become Canadian some 5-6 years ago. The time I spent in Pakistan was without my husband. My son was born here in Islamabad and now like I said I want to come back to Canada with him of course but am wondering how long will the whole process take.

Thanks again.

 

[AAhmad]

Also, just as a confirmation, if I don't enter Canada for 23 months i.e. 730 days, it will not effect my PR status or will cause me any problems in entering Canada? Again, I am a Pakistani citizen with PR and my husband is Pakistani-Canadian (i.e. hold dual citizenships), if you can guide me for my son's paperwork I will very much appreciate that. I believe the starting point will be applying for a passport for him and then?

Thanks a lot.

 

[AAhmad]

Also, would we have to apply for Pakistan or Canada. Is one faster than the other?

 

[Leon]

Thanks Leon for prompt reply. He is not a born or naturalised Canadian. He is Pakistani and has become Canadian some 5-6 years ago. The time I spent in Pakistan was without my husband. My son was born here in Islamabad and now like I said I want to come back to Canada with him of course but am wondering how long will the whole process take.

If he became a Canadian 5 or 6 years ago, then he is a naturalised Canadian. There are 3 types of Canadians, 1) Canadian born (in Canada), 2) naturalised, that means by immigration and 3) born outside Canada and gained citizenship based on parents citizenship. Your husband is 2) and your child is 3). Type 3) can not pass citizenship to their children, only sponsor them for PR so for your child, this can become an issue if he marries a foreigner and they have a baby outside Canada.

The process of getting a citizenship certificate can take up to a year but like I said, if you want to travel sooner and you buy the tickets, you can apply for a temporary passport or a facilitation visa for your child.

Also, just as a confirmation, if I don't enter Canada for 23 months i.e. 730 days, it will not effect my PR status or will cause me any problems in entering Canada? Again, I am a Pakistani citizen with PR and my husband is Pakistani-Canadian (i.e. hold dual citizenships), if you can guide me for my son's paperwork I will very much appreciate that. I believe the starting point will be applying for a passport for him and then?

You must spend 730 days in Canada which means you can be outside Canada for up to 1095 days in that 5 year period. So far you were outside Canada for about 8 months in 2009 and 2010 and again now for 9 months. That's 17 months total when 36 are allowed. If you exceed your allowed time outside Canada, you can still return with a valid PR card but it is possible as you enter if immigration realizes that you have been outside Canada too long that they will report you on entry. It is not very common to get reported but if it happens, you will have to appeal for your PR. If you say you were outside Canada waiting for your childs paperwork to come through, they will probably let you keep your PR but worst case if you lose it, your husband can always sponsor you again.

As per my earlier reply to you, I gave you the link to apply for the forms for the citizenship certificate for your child. You can not get a passport for your child until you have the citizenship certificate unless you need to travel urgently and you have already applied for the citizenship certificate, then you can show proof of travel and apply for a temporary passport or facilitation visa.

Also, would we have to apply for Pakistan or Canada. Is one faster than the other?

According to http://www.cic.gc.ca/english/information/times/canada/certif-processing.asp the fastest processing time for a citizenship certificate is 1) applying in Canada for a child in Canada, 2) applying through an embassy for a child outside Canada and the longest processing times are 3) if you apply in Canada for a child who is outside Canada. Since you are unable to get the child to Canada without applying for a citizenship certificate first, 1) is not an option and therefore I suggest 2) because it is faster than 3). That means you should apply through the visa office and not in Canada.

 

[AAhmad]

Thanks a lot Leon. I think that I need to get started on gathering documents for applying for my son. I can not see the documents that I require but I suppose my husband's passport, my PR and his Birth Certificate?

Again thanks so much and Happy Canada Day.

 

[AAhmad]

Hi Leon,

One more question, My PR card expires in April 2014. I am in Pakistan so, would I be able to renew it from Pakistan? or Do I need to come to Canada and apply from there? When should I apply if it is expiring in April, like what month?

Thanks again.

 

[Leon]

Hi Leon,

One more question, My PR card expires in April 2014. I am in Pakistan so, would I be able to renew it from Pakistan? or Do I need to come to Canada and apply from there? When should I apply if it is expiring in April, like what month?

Thanks again.

A PR card application must originate in Canada. However it is not fixed in stone that you must be in Canada yourself when you apply. If you have a relative in Canada, mail the PR renewal application to them and have them mail it in for you. Include a cover letter stating that you live outside Canada but to use your relatives address as your secure mailing address in Canada. If you are lucky, they will mail the PR card to that address and your relative can mail it to you. Otherwise, you may have to come to Canada to pick it up.

You may apply to renew your PR card as early as 6 months before it expires. Do not apply earlier than that.

 

[AAhmad]

Thanks a lot.

 

[AAhmad]

Hi Leon,

I am writing this on behalf of my friend. She has a four year old (Canada born and living there) and she wants to change her name spelling legally. Can you please guide us through the procedure? She lives in NL, Canada.

 

[Leon]

Here is some info about name change in NL: http://www.servicenl.gov.nl.ca/birth/legal_name_change/

 

[AAhmad]

Thank you Leon.

 

[Msafiri]

A PR card application must originate in Canada. However it is not fixed in stone that you must be in Canada yourself when you apply. If you have a relative in Canada, mail the PR renewal application to them and have them mail it in for you. Include a cover letter stating that you live outside Canada but to use your relatives address as your secure mailing address in Canada. If you are lucky, they will mail the PR card to that address and your relative can mail it to you. Otherwise, you may have to come to Canada to pick it up.

You may apply to renew your PR card as early as 6 months before it expires. Do not apply earlier than that.

It appears that CIC is getting round the IRPA and regs which do not categorically state the applicant must be in Canada to make the application but rather that the application must originate in Canada by making all 'Outside Canada' applicants appear in person to collect their PR Cards so they can verify declared dates...after all if you live and work in Canada its easy for CIC to call up your employer and verify you were really in Toronto, Edmonton, Vancouver etc. as claimed. This 'in person' requirement is a risk for those who are near the breach of the RO mark.