sponsorship of non-PR child of residents who have not made 730 days

[Rustamjan]

Thank you very much for your detail explanation.

At the end of my last post I had a sentence on PR and Social Assistance. Sorry for asking too many questions and I am not sure whether it is your expertise, but I would appreciate if you can provide some info on that as well. Below I copied that sentence from my last post:



As per Leon, we can apply for TRP for our daughter as the TRP process may not result in another interview for us or reporting on us about breaching RO.

I want to apply for Social Welfare (assistance) from Government as I am not succeeding in find a job. Can receiving Social assistance negatively affect TRP process ?

 

[scylla]

At the end of my last post I had a sentence on PR and Social Assistance. Sorry for asking too many questions and I am not sure whether it is your expertise, but I would appreciate if you can provide some info on that as well. Below I copied that sentence from my last post:

As per Leon, we can apply for TRP for our daughter as the TRP process may not result in another interview for us or reporting on us about breaching RO.

I want to apply for Social Welfare (assistance) from Government as I am not succeeding in find a job. Can receiving Social assistance negatively affect TRP process ?

Leon addressed your question earlier. Yes - it's possible that applying for social assistance could impact a TRV / TRP application. CIC will want to make sure you have the financial means to support your daughter when she arrives. If you are applying for social assistance, CIC may be concerned that you don't have sufficient source of funds.

 

[Rustamjan]

Hi Leon, Scylla, Msafiri, Meyakanor and other respected experts,

Having realized my situation and following your advise I have not initiated sponsorship for my non-PR child to avoid getting us in the worst situation. We do recognize that not sponsoring our baby makes our life safer here in Canada in terms of avoiding interviews/questions/correspondence back and forth with CIC. Unfortunately this is not relieving hardship for us and for the baby as well. Every single day my wife cries and unfortunately my non-PR child getting sick very frequently since our departure, high fever, bad sleep and etc.

I understand, that as the employee of the government, any CIC officer is guided by the law, Act, Decrees, etc. and he/she might not care about my family's hardship. Majority of them will start giving even more hard time if we start sponsorship now. Very few of them might be conscious about the hardship we are having and might make positive decision.

Sorry for writing too much about my personal feelings, but there is no one else to share with.

I have contacted Member of Federal Parliament (MP) to see if he can of any help. I have not met with him yet, but completed couple forms for them to find out the reason why TRV for my daughter has been rejected. To be honest I wanted him to help with my efforts to bring my child, but not to dig what is in the past. That's fine, CIC (Embassy of Canada in Moscow) replied to the MP the some reasons they sent me back in 2003.

My question is the following:

- MP knows that we are in breach of the RO. Do you think that he is being the Representative of the Government will be protecting the person who is in breach of the law ?

- 1st OPTION - Do you guys think if the MP will be of any help at all ? In case if we start sponsorhip now, without waiting accumulation of 730 days, does he have such influence that result in positive decision of the sponsorship by the CIC, but not inviting us for the interview and etc. ?

- 2nd OPTION - As Leon advised requesting TRP for my daughter would be more appropriate in our case. In this case, do we really need to talk to the MP, will his support be needed or influential ? ;


And my last kind request, dear friends, whoever had such experience please share with me.


Thank you very much

 

[Leon]

I can tell you exactly why the TRV was rejected. A TRV is intended for visitors. As your intention was not to visit with the child but to stay permanently, she is not eligible for a visit visa. Other people have applied for TRP's for non-PR children and many have been approved.

An MP can sometimes inquire into cases and try to help cases move that seem to be stuck somewhere. They can however not protect you if immigration decides to go after you for not meeting the RO.

 

[scylla]

Option 1 - No, this won't work. MPs can't influence or change CIC decisions/rules and don't have the power to ask CIC to make an exception in your case. MPs are only useful if you meet the requirements and your file has taken too long to process. In your case you don't meet the requirements so unfortunately the MP will be of absolutely no help.

Option 2 - Yes, this is the right thing do to. You can include a letter from the MP. But once again, they don't have the power to influence/change CIC decisions or rules.

 

[Rustamjan]

Thank you very my Leon and Scylla for your prompt response. It means, we have stop thinking about sponsorship for almost 2 years if we do not want to get ourselves into trouble.

Leon, once you advised that the TRP would be appropriate option for us and in this case we do not provide address history or something like this. I am not expert like you, but I understood it as if we will not be providing all the information to CIC so they can not reveal us. You know, it seems strange, even if we apply for TRP it will go to CIC and I will be an Applicant, who is in breach of RO. I mean the same authority will receive applications and review. Can you please elaborate a little bit more the reason why CIC will not invite me for interview if I apply for TRP. They can access to my file in the compute and see that I am in breach with RO, can't they ?

Thanks

 

[keesio]

Thank you very my Leon and Scylla for your prompt response. It means, we have stop thinking about sponsorship for almost 2 years if we do not want to get ourselves into trouble.

Leon, once you advised that the TRP would be appropriate option for us and in this case we do not provide address history or something like this. I am not expert like you, but I understood it as if we will not be providing all the information to CIC so they can not reveal us. You know, it seems strange, even if we apply for TRP it will go to CIC and I will be an Applicant, who is in breach of RO. I mean the same authority will receive applications and review. Can you please elaborate a little bit more the reason why CIC will not invite me for interview if I apply for TRP. They can access to my file in the compute and see that I am in breach with RO, can't they ?

Thanks

Ideally you want to remain as quiet as possible. But of course you want to be with your daughter so you will need to take some risk for this to happen. I think applying for a TRP for your daughter will not attract as much scrutiny as you trying to renew your PR card. This is just a guess from me. Leon and Scylla can give better insight.

 

[scylla]

When you apply to sponsor someone, CIC has to evaluate you as the sponsor (as well as evaluating the applicant) to make sure you meet the requirements to be a sponsor. This often includes assessing if you meet the residency requirement. And this is why you will put your own PR status in jeopardy if you try to sponsor your daughter nwo.

There is no sponsor evaluation when you apply for a TRV or TRP.

 

[Rustamjan]

PLEASE - need TRP details for my non-PR child

Thanks all the experts.

As the TRP seems to be the only option to bring my non-PR baby this to very kindly request you provide some details on the TRP. Our visa post is Embassy of Canada in Moscow.

1. What is the processing time of the TRP for the child ? I understand there is probably standard processing duration for TRP processing in each visa post, but I mean what is the average time it takes in the Moscow post from the date of application until TRP is issued for the child ?

2. What is the minimum and maximum duration TRP is issued for ?

3. TRP extension. Leon mentioned that it depends on the reasons you provide when you request extension. But taking our case, let assume we got my child'd TRP approved and we got her here. Before expiry of her TRP we will request an extension and our reason would be that it is going to be hardship for the small child to be separated from her family which can affect her health indeed. What else do you think can be the reason while requesting TRP extension ?

4. If TRP extension is approved and we made our 730 days can our daughter stay in Canada when we start her sponsorship process ?


And finally, please share a link with the Moscow post TRP proccesses, application forms and procedures.


Thanks

 

[Msafiri]

Rustamjan,

I've revisited your original thread to remind me of your situation. I think there are 2 issues for you:

1. Being with your non PR daughter in Canada.

2. Sponsoring your non PR daughter for PR.

Sponsorship and the issues pertaining to the process due to the RO breach have been covered in some detail. Your focus now is really about 1. You can apply for a TRP. The process involves submitting a regular TRV application but with an additional cover letter stating that you actually are requesting a TRP because you intend for your daughter to remain in Canada with eventual sponsorship - visitors are expected to leave so normally there would be issues around inadmissibility. Note carefully the requirement to submit a $200 application fee.

The letter and detail to put in the application require significant thought and preparation. You need to emphasize the difficulties you are facing but more importantly those that the child has by not being with you. CIC give an overview of the process which clarifies the 'exceptional' nature of the status.

CIC quote a 52 days time for processing visitor visas at Moscow. I expect double this timeline for a TRP application as a minimum. The visa officer will likely go with a 6 month TRP but you may be lucky and get a 12 month or 18 month TRP. The duration really doesn't matter getting one is what counts so the child can travel to Canada. Once in Canada and you get your RO back on track you can commence sponsorship. Note that inland sponsorship of minor children has historically gone via the H&c route which CIC quote as taking 30 months. You may want to go with outland sponsorship where you use the Moscow visa post to process the application. TRP extensions in your case would not really be an issue but make sure you submit them in good time. The possibility of visa post denying the TRP and the telling/influencing CIC to report you is also in my opinion a non issue...they already gave you a pass so why hunt you down again.

You may find your MP more helpful once visa officer has made a decision. At the moment he/she could take the view that you want him/her to go over CIC and he/she won't do this as it has political risk and its not his/her job to interfere with CIC's operational policy subject to due process being followed.

The TRP process can be tough and long...you may get frustrated but you must be patient and persevere. You seem to have good fortune on your side by having an already signed departure order cancelled. Hopefully this is the case with the TRP application. I suggest you go to the family sponsorship section of this forum and search under a generic 'TRP' and/or Temporary Resident Permit input...you will get some direction from others having faced similar hurdles irrespective of how these came to be.

On a final note its best for you and the child when in Canada not to leave until you each have PR Cards in hand. In your case further ensure you have a good buffer of days so this scenario doesn't happen again.

Good Luck

 

[Rustamjan]

Dear Msafiri,

Thanks a million for your detail and valuable information.

You mentioned that same application form is used for TRP which is used for TRV. Just a small question. How about IMM5708E form under http://www.cic.gc.ca/english/information/applications/extend-permit.asp Isn't it different form then a form for TRV ?


Thanks

 

[Msafiri]

CIC doesn't readily avail the outland TRP form. The form you mention is to extend your status as per initial class or change once you are already in Canada. The outland TRP is not on the list of CIC's published forms I could find (their website has been given a political modification by the Feds and defaults to useless multiple government services/ departments pages - they should have left well alone). This leaves you the option of:

1. Contacting CIC and asking them to send you the outland TRP form - you may or may not get what you want and it may or may not make it in time.

2. Contacting Moscow Visa Post and asking for the outland TRP form - see my comments above. Moscow visa post like many other visa posts that deal with high levels of visa numbers and with higher than norm rates of fraudulent documents, hard luck stories, scams etc has hardball visa staff so I'd expect the least success with this approach.

3. Re-reading my posting and the links detailing the process where it clearly states use the TRV form but annotate// mark as TRP and/or (preferably both) include a letter stating you actually want a TRP issued including the submission of a $200 fee.

 

[Raquib]

Hi

I had applied for a TRP for my daughter from London UK High Commission in a similar situation and was successful. But after submitting our application the High Commission asked us to fill out the Application for a Travel Document which requires you to disclose your residency obligation. Also during our interview we were reminded very strenuously we should enter Canada within the time we have as we almost stayed in UK for 2years 8 months of our 5 years since landing. Just wanted to share this so that you don't get into trouble trying to get a TRP as well.

Regards

Raquib

 

[Rustamjan]

Dear Msafiri and other respected experts, kindly make your input if possible,

There are two issues I would kindly request your attention and input.


1. SPONSORSHIP - Following extensive consultation with you I have made up my mind to forget about sponsorship of my non-PR child until we meet RO and get our PR cards extended. I started collecting all necessary paperwork for TRP and heard about the situation that happened to my friends relative recently. This is the same situation as mine: Family members got PR status, returned to home country after a month or so, got a second baby there, applied for TRV, got rejected, left their baby at home, returned to Canada and had a long discussion at the airport with the Visa Officer, but was not reported. They have not consulted in this forum and did not hire a lawyer, just applied for sponsorship. It took a while, but was cleared by CIC. It is incredibly similar case and I wonder how this case has been cleared by CIC. After hearing this story, one more time I would kindly ask you to make to inform me whether below can help me.

- I have got a job this week and this is also a good reason of proof of my goat to settle in Canada;

- Beside my new job, I started volunteering for Canadiar Red Cross (CRC).

In case if I provide a letter of employment from my employer and from CRC do you think my sponsorship will have more chance to be approved ? Or irrespective of my situation in Canada I do not have to risk applying sponsorship before meeting RO ?

2. TRP - In case when TRP approved my wife or myself can not travel to my home to bring my child. My friend whio has PR card is ready to bring my daughter. We will provide a Notarized Power of Attorney to my fried. Does anyone know whether he might be given trouble while entering
in the airport ?


Thanks

Rustamjan,

I've revisited your original thread to remind me of your situation. I think there are 2 issues for you:

1. Being with your non PR daughter in Canada.

2. Sponsoring your non PR daughter for PR.

Sponsorship and the issues pertaining to the process due to the RO breach have been covered in some detail. Your focus now is really about 1. You can apply for a TRP. The process involves submitting a regular TRV application but with an additional cover letter stating that you actually are requesting a TRP because you intend for your daughter to remain in Canada with eventual sponsorship - visitors are expected to leave so normally there would be issues around inadmissibility. Note carefully the requirement to submit a $200 application fee.

The letter and detail to put in the application require significant thought and preparation. You need to emphasize the difficulties you are facing but more importantly those that the child has by not being with you. CIC give an overview of the process which clarifies the 'exceptional' nature of the status.

CIC quote a 52 days time for processing visitor visas at Moscow. I expect double this timeline for a TRP application as a minimum. The visa officer will likely go with a 6 month TRP but you may be lucky and get a 12 month or 18 month TRP. The duration really doesn't matter getting one is what counts so the child can travel to Canada. Once in Canada and you get your RO back on track you can commence sponsorship. Note that inland sponsorship of minor children has historically gone via the H&c route which CIC quote as taking 30 months. You may want to go with outland sponsorship where you use the Moscow visa post to process the application. TRP extensions in your case would not really be an issue but make sure you submit them in good time. The possibility of visa post denying the TRP and the telling/influencing CIC to report you is also in my opinion a non issue...they already gave you a pass so why hunt you down again.

You may find your MP more helpful once visa officer has made a decision. At the moment he/she could take the view that you want him/her to go over CIC and he/she won't do this as it has political risk and its not his/her job to interfere with CIC's operational policy subject to due process being followed.

The TRP process can be tough and long...you may get frustrated but you must be patient and persevere. You seem to have good fortune on your side by having an already signed departure order cancelled. Hopefully this is the case with the TRP application. I suggest you go to the family sponsorship section of this forum and search under a generic 'TRP' and/or Temporary Resident Permit input...you will get some direction from others having faced similar hurdles irrespective of how these came to be.

On a final note its best for you and the child when in Canada not to leave until you each have PR Cards in hand. In your case further ensure you have a good buffer of days so this scenario doesn't happen again.

Good Luck

 

[scylla]

In case if I provide a letter of employment from my employer and from CRC do you think my sponsorship will have more chance to be approved ? Or irrespective of my situation in Canada I do not have to risk applying sponsorship before meeting RO ?

Many of us have told you what we recommend several times. Our recommendations haven't changed. What you do at this point is your choice.