TRV rejected for non-PR baby and other options

[Rustamjan]

Dear friends,

My wife, two daughters and myself are PR holders. My third daughter was born outside of Canada. Recently TRV for my daughter have been rejected with couple of the foolish reasons. Following the rejection of my daughter's TRV and advice from forum members I guess there is only one option left for me - to leave my daughter with my mother and come to Canada with my wife and two other daughters to further initiate sponsorship for my third daughter. I have two questions relevant on above option:

1. Is it better if I come alone to Canada (without my wife and two other daughters who are also PR holders) and start sponsorship for my third daughter or better to come all of us to initiate sponsorship for the little daughter. There almost 2 years left for our PR cards to expire and I am afraid leaving my wife and two elder daughters outside of Canada will add another problem on top of the sponsorship for the little baby. What are your thoughts on this question ?

2. How long it takes to complete Sponorship for my daughter ? I mean how long it may take from the date of my application for my daughter's sponsorship until I can bring her to Canada ?



Thanks

 

[Msafiri]

Answers for the below will assist formulate a way forward.

1. What are the 'foolish' reasons for TRV refusal?
2. Do you intend to appeal the refusal because of the 'foolish' reasons?
3. What was your landing date?
4. How many physical days of presence do you have in Canada post landing?
5. As per 3 for your spouse?
6. As per 4 for your spouse?
7. What is your nationality? Are your family members of the same nationality?
8. Where do you reside?

 

[Leon]

I see from your older posts that you have a big problem. Once you have been outside Canada for more than 3 years, you will be in breach of the residency obligation which is normally not a big deal if you don't get reported on entry but is however a very big problem when you need to sponsor a child.

Even if the immigration officer doesn't report you when you enter, you will be reporting yourself to immigration as soon as you apply to sponsor because your address and travel history will clearly show that you don't meet the RO. I therefore strongly encourage you to drop everything now and get your behind to Canada before you reach 3 years outside. According to your prior posts, you still have 5 days. When you are in Canada yourself and you meet the RO, you can re-sponsor your whole family if needed but it probably won't come to that but in any case, you can prepare for your family to arrive, arrange housing, find a job etc. and apply to sponsor your child of course.

What your wife has to do when you are gone would be to apply for a TRP for your baby daughter. This is not the same as a TRV. A TRV is for visitors and when your intention is to bring your baby to Canada permanently, it is normal that immigration refuses the TRV based on that the baby will not be visiting Canada. A TRP is for people who can't get a TRV for some reason but have H&C grounds for being in Canada anyway. TRP's are often approved for non-PR babies of PR parents. Your wife should write that as you were denied a TRV for your baby, you have gone to Canada alone in order to sponsor your baby but this causes great stress on her to be left alone with the children and have her family torn apart while you wait for sponsorship. Hopefully they will approve the TRP and she will be able to join you with the children. If not, then she will have to wait.

When she enters Canada with the children, if immigration makes any comments about her not meeting the residency obligation, she should say that this is due to the fact that you were refused a TRV for your baby and your return as a family therefore delayed and that she has the paperwork to prove all this during an appeal if required. Hopefully they will not report her in which case she will enter Canada and they will keep their PR.

Naturally none of you should leave Canada again or apply to renew your PR cards until you meet the RO with at least 730 days in Canada in the previous 5 years.

 

[Rustamjan]

Dear Leon,

Thank you very much for detail explanation.

If we come to agreement with my wife we may leave my 3rd daughter with my mom and come to Canada with the rest of family members. I was thinking when we arrive in the airport as a family visa officer will have kind of mercy on the family with little children and we will not get reported on entry. Another reason to bring almost all family members to Canada (besides 3rd daughter) is to have less problem, I mean sponsoring my 3rd daughter instead of leaving all family members and sponsor all of them. What do you think about mentioned above ?

Can you please information to my secon question - How long does sponsorship usually takes ? I mean from the date I apply for sponsorship for my daughter until it is approved, what is the duration?



Thank you very much

 

[Leon]

If we come to agreement with my wife we may leave my 3rd daughter with my mom and come to Canada with the rest of family members. I was thinking when we arrive in the airport as a family visa officer will have kind of mercy on the family with little children and we will not get reported on entry. Another reason to bring almost all family members to Canada (besides 3rd daughter) is to have less problem, I mean sponsoring my 3rd daughter instead of leaving all family members and sponsor all of them. What do you think about mentioned above ?

Can you please information to my secon question - How long does sponsorship usually takes ? I mean from the date I apply for sponsorship for my daughter until it is approved, what is the duration?

Rules are rules and 3 years is already very generous to be allowed to be outside and still keep your PR. Many countries cancel a PR if you leave for more than 6 months in a year. You can therefore not count on immigration to show mercy on you. Some immigration officers report everybody as a rule.

As for the children, you were happy to live outside Canada with your children for the past 3 years. Your children have never lived in Canada and have no connection to Canada and therefore, immigration will not consider the need of the children to live in Canada.

If you do get reported, you will have a hearing of maybe 12 to 18 months before they decide if you can keep your PR or not. I am pretty sure they will not let you sponsor your child during that time. This is why it is essential that you come to Canada before you reach 3 years outside.

The processing time of the sponsorship application for your daughter will probably be measured in months but it depends on your visa office. To sponsor a person who is outside Canada, the first stage is processed in Mississauga, ON and currently takes around 28 days. After that, view by visa office here: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp Note that the processing times are on the longer side as they list the times it takes for 80% of cases. They are also for spouses and children, not just children and so it is likely that a child will be faster because there are no background checks needed.

 

[Msafiri]

Leon right on the money here. I note you landed in November 2010 and left December 2010 back to Tajikstan. You have a credit of the days you were in Canada to add to the balance of time left from today to the 5th anniversary of your landing date in November 2015. The Residence Obligation is a weak 40% (2/5 years) so the courts have little sympathy for PRs failing this with no Humanitarian and Compassionate reasons e.g you were seriously sick with a medical condition preventing travel. Without knowing your reasons for being absent then its hard to say if you have any H&C grounds in case this goes sour.

If you can return to Canada immediately such that you can get to 730 days on Nov 2015 then you can initiate Sponsorship quite soon. Outland sponsorship for dependent minors is the fastest stream there is so go with this route. The TRP option with Inland Sponsorship is the less preferable option. I think you will have a hard time getting a TRP from the Moscow Visa Post - there is a PR on this forum who can't even get a TD from Moscow despite exceeding the RO to the extent she qualifies for Citizenship indicating there may be operational issues at the post which coincidentally doesn't even respond to her MP as per stated timelines. Assuming you get the TRP then an inland sponsorship is a bureaucratic process going via potentially Vegreville and your Local CIC office - expect an 18 month processing timeline to PR. This means you have to get private medical insurance for your non PR child.

Regrettably absences such as yours with new family members born abroad that are not visa exempt tend to lead to family separation. As this is self inflicted don't expect any favors from CIC. Note that many PRs report on the forum having used the automated entrance gates being introduced at major Canadian airports to clear customs. This requires a valid PR Card and you still have a border agent at the end of the gates to inspect your documents for validity. If the agent is satisfied with this and answers to any other queries you have then you skip Secondary Inspection where the scrutiny of your absence is reviewed in detail. This gate system appears to be 'helping' out PRs with RO issues but as always its not a guarantee.

Good luck