Temporary residence permit

[ND15]

Hi There,

I and my wife both are permanent residence of Canada, but living in UK since last two years.

I have applied for Temporary residence permit for my daughter.

Its been more than a week but still haven't received even confirmation on application receipt or any file reference no from CIC London office.

Could anyone please advice on the processing time for Temporary Residence Permit?

Also what are the chances for permit to be granted for my daughter?

Thanks in advance

ND15

 

[scylla]

Based on your older posts, wasn't your daughter born in the UK? If she was, then she is a UK citizen and can travel to Canada on a passport alone (no TRV or TRP is required).

 

[ND15]

Hi scylla

Thanks for quick response,

yes you're right my daughter is born in UK and she has british passport.

I know that british passport holder don't need any visa (if they are visiting Canada),

But we all are planning to return to Canada for good, so I asked the CIC for the advice that what is the procedure to get PR status for my daughter and they informed me that my daughter needs TRP even if she has british passport.

Could you please advice and help me?

Thanks again,

ND15

 

[CdnandTrini]

Reply: Temporary residence permit

Hi scylla

Thanks for quick response,

yes you're right my daughter is born in UK and she has british passport.

I know that british passport holder don't need any visa (if they are visiting Canada),

But we all are planning to return to Canada for good, so I asked the CIC for the advice that what is the procedure to get PR status for my daughter and they informed me that my daughter needs TRP even if she has british passport.

Could you please advice and help me?

Thanks again,

ND15

Hi ND15, will you not need to apply to sponsor your daughter anyway? A TRP will not grant her PR status so my question back is what did CIC say about the next step for her to become a PR? I do not know the answer to this; however, there are a few senior forum members that might and I would also call CIC back. Sometimes, the person you get on the phone from CIC does not even know and a different person will give you a different answer. You can also call an immigration lawyer, many of them will provide a free consultation or if not, sometimes it's worth it to pay for the peace of mind to know you will not have any troubles entering Canada. Blessings on your journey.

 

[frege]

Re: Reply: Temporary residence permit

Hi ND15, will you not need to apply to sponsor your daughter anyway? A TRP will not grant her PR status so my question back is what did CIC say about the next step for her to become a PR? I do not know the answer to this; however, there are a few senior forum members that might and I would also call CIC back. Sometimes, the person you get on the phone from CIC does not even know and a different person will give you a different answer. You can also call an immigration lawyer, many of them will provide a free consultation or if not, sometimes it's worth it to pay for the peace of mind to know you will not have any troubles entering Canada. Blessings on your journey.

Since they are permanent residents but not citizens, they can't sponsor the child from abroad. But if they return to Canada, they also can't leave the child in the UK.

Since the child will be staying in Canada permanently, it seems it's been decided the child isn't a visitor, so it needs a TRP. This is what Manual OP 20 on temporary residence permits says about these cases:

5.15. Early admission

The Minister's delegates may issue a permit to allow foreign nationals to enter Canada before
they satisfy the requirements for permanent residence. The officer must be certain this action is
essential.

The requirements are normally routine processing steps and may or may not be stated in the
Immigration and Refugee Protection Act. Examples include the completion of background checks
or a medical examination. They do not include the waiting period to apply for criminal
rehabilitation.

If an officer has any reason to believe that a foreign national could not meet all requirements for
permanent residence after completing all processing steps, early admission is not appropriate. If
the officer already knows that the foreign national is inadmissible for any reason, the officer
should not grant early admission.

However, I must say I am surprised that the child can't be allowed in as a visitor.

Perhaps the problem is that they need to board a plane, and the airline can deny the child boarding if he doesn't have a TRP, since the airline may judge that he isn't a bona fide visitor, as both parents are PRs and the child won't have a return ticket. If the parents can get into the US somehow (depending on their nationality), this problem might be able to be solved by driving to the Canadian border with the child.

Also, based on previous posts, the parents must hurry to return to Canada and meet their PR residency obligation.

ND15, in the worst case, if you can't solve your problem in time, I think one of you should return to Canada before the PR residency obligation is not met. That way the child can stay with the other parent, and even if the other parent's PR expires, both that parent and the baby can be sponsored to Canada by the one who returned.

I believe the processing time for a TRP should be approximately the same as for a visitor visa.

 

[frege]

Based on your older posts, wasn't your daughter born in the UK? If she was, then she is a UK citizen and can travel to Canada on a passport alone (no TRV or TRP is required).

Actually, this is only automatic if one of the parents is British or "settled" in Britain. Before 1983, birthright citizenship in the UK was as in Canada.

 

[CdnandTrini]

Reply: Temporary residence permit

Since they are permanent residents but not citizens, they can't sponsor the child from abroad. But if they return to Canada, they also can't leave the child in the UK.

Since the child will be staying in Canada permanently, it seems it's been decided the child isn't a visitor, so it needs a TRP. This is what Manual OP 20 on temporary residence permits says about these cases:

However, I must say I am surprised that the child can't be allowed in as a visitor.

Perhaps the problem is that they need to board a plane, and the airline can deny the child boarding if he doesn't have a TRP, since the airline may judge that he isn't a bona fide visitor, as both parents are PRs and the child won't have a return ticket. If the parents can get into the US somehow (depending on their nationality), this problem might be able to be solved by driving to the Canadian border with the child.

Also, based on previous posts, the parents must hurry to return to Canada and meet their PR residency obligation.

ND15, in the worst case, if you can't solve your problem in time, I think one of you should return to Canada before the PR residency obligation is not met. That way the child can stay with the other parent, and even if the other parent's PR expires, both that parent and the baby can be sponsored to Canada by the one who returned.

I believe the processing time for a TRP should be approximately the same as for a visitor visa.

Thanks for chiming in Frege ! Blessings and another +1.

 

[frege]

Re: Reply: Temporary residence permit

Thanks for chiming in Frege ! Blessings and another +1.

Thanks!