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

[Rustamjan]

Non-PR child sponsorship

Dear Leon, Msafiri and other respect experts,

As you are aware from my previous posts I had a problem with meeting residency obligations. I would like to shortly repeat my case.
 All family members landed in Canada on 13 November 2010;
 Left Canada on 16 December 2010;
 Returned to Canada on 18 January 2014 and currently living in Canada;
 According my calculations we can make around 712 days of physical presence in Canada by 11 November 2015, which is the last day of 1825 days counting from landing day in Canada (13 November 2010).
In the airport we had real problem. Visa officer kept us almost 7 hours and filled in lots of paperwork. Before letting us out we were told to come in few days to talk to his superintendent on this issue. We came after few days, superintendent asked lots of questions and at the end told us to sign departure orders for the whole family. She explained that we have 1 month for the appeal. We signed this paper, but little later she checked all the paperwork with her colleague prior to giving us and found some kind of mistake. She asked us to come in a few days to pick up all the paper. I refused to come again and requested to complete this day irrespective of what time needed for me to wait. She left for 5 minutes and after coming back informed us that she has changed her decision and we can go. This is story what happened.

But as you might be aware we have a non-PR daughter who left in my home country with my mother. I am fully aware of the risk if I start sponsorship process for her prior to completing 730 days. We can put ourselves back in the same situation where we were while entering Canada. But me and my wife are having real hardship as we left our 1.5 year old daughter at home. She also cries when we speak with her over skype.
When superintendent informed us that she changed her mind, she said that we can apply for TRP. Also, I wonder if we do not start sponsorship now but after 2 years will ministry of immigration question us about the reason why we start sponsorship only after 2 years.
Respected experts, please let me know if there are any ways for sponsorship of my daughter before making 730 days.

Thanks idvance

 

[scylla]

You can try bringing your daughter to Canada earlier as a visitor on a TRV - and if that fails try a TRP.

Sponsoring her before you meet the residency requirement will only create problems for your own PR status and won't get your daughter here. So unfortunately you definitely need to wait. And no - CIC won't care that you wait to sponsor her.

One option would be for your wife to return to your home country to live with your daughter and give up her PR status. Once you meet the residency requirement sometime in 2016, you can then apply to sponsor both of them for PR.

Good luck.

 

[Leon]

Like scylla said, the immigration officer not reporting you does not change the fact that you do not meet the residency requirements. Applying to sponsor now will result in a 2nd interview and a 2nd decision on if they want to report you or not but in the meantime, your child is not getting anywhere closer being sponsored.

You can apply for a TRV, if denied, apply for a TRP, if denied, your wife can re-join your child outside Canada as scylla said but that means you will be separated from your wife for quite some time. Once you meet the RO, you can sponsor them both.

Unfortunately, there are no other solutions. This is what happens when you don't meet the RO. You could of course also all go back to your home country and forget about the PR. Currently, you are keeping your PR at the mercy of immigration so you have no right to demand anything from them. You have the right to leave, that is pretty much it.

If they don't report you while you are still in breach of the RO, they lose the power to do it though. Their own rules say they can only look at the past 5 years from the examination date so if you apply to sponsor your daughter in 2 years, they can of course ask why you didn't do it earlier but they would not be allowed any more to check if you met the RO in the past, they can only look at the past 5 years and by then, you will have 2 years in Canada in the past 5.

 

[Rustamjan]

Dear Leon and Scylla,

Thanks for information. Yes, I was expecting such reply to my posting. Each human being must answer for his mistakes, which is also for my case. I am in breach of RO so I need to answer for that.

You mentioned about TRV or TRP. You might be aware that we have applied for TRV for my daughter before coming to Canada and it was rejected. I have couple questions.

- Do you think that if we apply for TRV from Canada it might have more chance to be approved ?

- What is the chance for TRP approval ?

- If approved, which (TRV or TRP) would allow us to start the process of requesting residency for her (I do not know what the process called) without leaving Canada at the end of TRV or TRP ? My english might not be sufficient to explain this point. I mean let's guess she got TRV or TRP, both of them are given for the certain period of time for the person and the person should leave country before it is expired. In addition, in most cases people who receive visa or any other entry documents are not eligible to request immigration, they are eligible just visit the country. So my point is which of them (TRV or TRP) will enable us to start immigration process for my daughter without sending her back home.

Thanks

 

[scylla]

If she was already refused for a TRV then I would try a TRP next. I think a second TRV would be refused as well.

Being approved for a TRV or TRP won't change anything. You'll still have to wait until you meet the residency obligation before you will be able to sponsor her. This may mean that your daughter has to return home before you will be able to sponsor her for PR.

There is no process available that will guarantee that you can start the immigration process for your daughter without sending her back home.

As Leon explained so well, your options are extremely limited as a result of failing to meet the residency obligation.

 

[Leon]

Whether you get a TRV or a TRP, you can apply to extend from inside Canada. If you manage to extend until you are able to sponsor, then she would not have to leave.

 

[Rustamjan]

Thank you so much Leon and Scylla. I have couple more questions below.

1. As we all know application of the sponsorship will result in the next interview with relevant decision. But if I apply for TRP for my daughter, will TRP application result in the interview as well ? I guess TRP process is also handled by CIC and therefore I am asking this question.

2. When I make 730 days of the physical presence in Canada I will apply for the extension of PR cards for all PR family members (in Nov-Dec 2015). As you know, there are some records in my file as we had unpleasan meetings in the airport with CBSA officers. During the process of the PR cards extension is there possibility that CIC will call me for the interview and even issue removal order for the family ?


Thanks

 

[Leon]

1. For a TRP application, you are not required to fill out your address history so that question shouldn't come up.

2. If they didn't report you while you were in breach of the RO, they can't go back and do it once you meet it again. Their own rules only allow them to go back 5 years from the examination date. If you apply for sponsorship now, that's the examination date and you are in breach of the RO so you have a problem. If you apply in 2 years, that is the examination date and you will meet the RO by then and they can not give you trouble.

 

[Rustamjan]

Thank you so much Leon.

I have one more question.

If my daughter's TRP approved, than what is the procedure to extend it once she is in Canada ?
what will be the best justification to get extension approved ?
and what is the probability to get extension approved?


Thanks

 

[Leon]

You can find the TRP forms here: http://www.cic.gc.ca/english/information/applications/extend-permit.asp

Here for visitor: http://www.cic.gc.ca/english/information/applications/visitor.asp

You would say that the conditions under which you applied for it in the first place haven't changed.

However, as the initial TRP may be given under the impression that you will sponsor your child, immigration may question when you apply to extend it why you haven't applied yet but you would have to deal with that if it happens.

 

[Rustamjan]

Dear Leon and other respected experts,

I have one more issue related to bring in my non-PR child into Canada.

As you are all aware I have arrived in Canada with my PR family members more than 2 months ago. In the first weeks I was busy with running around for settlement issues (accomodation, children school, OHIP, driver licence, english school for my wife and etc.). In couple weeks after our arrival I have engaged in intesive job search, first started office jobs, then applied for labor jobs as well (dirty jobs). It really seems as if my applications do not reach recepients and dissapear on half way because I have not received any message nor phone call from even one employer although applied for more than 50 jobs.

I am aware about the social assistance that Government provides to unemployed low-income people. But the reason I have not still registered for such assistance from Government is I was told by many people, even by the lawyer that receiving social assistance from Government will negatively effect sponsorship process of my daughter.

As you are aware I have not applied my sponsorship documents yet to the CIC realizing my situation. As advised by Leon and other experts, TRP seems to be more realitic option to bring in my daughter and I am thoroughly considering TRP option. My question is the following:

As I have not still found job I am thinking of applying for social assistance from Government. If I start receiving social assistance may this negatively effect TRP process of my daughter ?


Thanks

 

[Leon]

As I have not still found job I am thinking of applying for social assistance from Government. If I start receiving social assistance may this negatively effect TRP process of my daughter ?

I have no idea but I suppose it could. It will most certainly not have a positive effect, that's for sure.

Instead of sending applications, especially for labour jobs, try going to the places where you want to apply.

 

[meyakanor]

2. When I make 730 days of the physical presence in Canada I will apply for the extension of PR cards for all PR family members (in Nov-Dec 2015). As you know, there are some records in my file as we had unpleasan meetings in the airport with CBSA officers. During the process of the PR cards extension is there possibility that CIC will call me for the interview and even issue removal order for the family ?

Hi Rustamjan,

You canNOT apply for PR card renewal or sponsorship for your child in Nov 2015. Since you were back in Canada by January 2014, you are already in breach of the residency obligation, and you should not attract the attention of CIC or CBSA until you have 731 days within the last five years.

If you try to apply for renewal, say, by November 15 2015, you won't have satisfied the residency obligation (try going back five years from November 15 2015, and you'll see you won't have the required number of days by then), and your PR may be revoked. So wait until maybe January 20 2016, then apply for PR card renewal (since now the considered five year period would be January 21 2011 to January 20 2016, and you would have 731 days by then).

 

[Rustamjan]

Hi Meyakanor,

Thank you for information. But why five year period for me is from 21 January 2011 to 20 January 2016 ?

- I have received my PR status in 13 November 2010 (landing date);

- Left Canada 16 December 2010;

- Returned to Canada 18 January 2014 again;

So, I have accumulated 33 days back in 2010 and upon accumulating 697 days starting from 18 January 2014 I will have 730 days by mid November 2015. Is my calculation wrong ? I am just asking, you guys have more knowledge on that.

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 ?


Thanks

 

[meyakanor]

Hi Rustamjan,

Since you have not been a PR for over five years, then to satisfy RO, you need to be able to accumulate 731 days within the first five years of your permanent residency. In your case, this period goes from November 13 2010 to November 12 2015.

You stayed in Canada from November 13 2010 to December 16 2010, so that was 34 days. You came back to Canada on January 18 2014, so from January 18 2014 to the completion of your fifth year, November 12 2015, you can potentially accumulate 664 more days.

Adding the initial 34 days, you can only, AT MOST, accumulate 698 days by the completion of your fifth year (November 12 2015), so technically, you are now in breach of the residency obligation, and if you apply to renew your PR card in November 15 2015, they will reject it due to lack of physical presence in Canada (and your PR may even be revoked).

Now, since you were able to enter Canada back in January without getting reported (count yourself to be really really lucky), then so long you stay low profile (don't attract CIC, CBSA or the cops' attention), you can bring your PR status into good standing again by staying put for two years straight.

So if you stay in Canada without leaving for even a single day, the earliest you can apply for PR card renewal would be January 19 2016, which is also the earliest date you can sponsor your non-PR child.

Remember, after November 12 2015, the five year window is now rolling, and you will start losing some of the days that you spent in Canada during your early period as a PR.

You will also notice that, for every day you spend in Canada between November 12 2015 - December 16 2015, you are not gaining any days since you're just replacing days that are rolling out of the five year window.