Urgent: Experts please help.. Residency obligation , need to withdraw my son's sponsership applicati

[joss]

Hi all,

I need to reply CIC by 16th november for this situation:

Me an my husband are PR of Canada since 2012 But have not met the residency requirements.
We landed successfully through US border in May 2017 . We are both are working here since then.
We applied for PR for our 4 year old son who is US citizen in June 2017. In October we got his medical approved.

But recently we received letter from CIC asking about questionaire about residency obligations . He mentioned that this is in relation to our son's application. We applied for his sponsership after consulting a lawyer which was big mistake.

They want us to reply back by November 16, 2017 and if we need extension for response and the reason for that.They mentioned if there are any H&C grounds they would like us to consider if we do not meet the residency requirements.

I give birth to my second child 2 days ago. I am going through a lot of stress.

Is there a way we can withdraw the sponsership application for our 4 year old son.
I read few forums of application withdrawls.

Experts please help!!!
I am going into depression . I cant look after my new born daughter.

Jasdeep

 

[Rob_TO]

You can certainly withdraw the sponsorship app. Use this link: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=732&top=4

However it seems that your RO violation may already have been noticed by IRCC. So even withdrawing the app, may or may not stop them from investigating your own RO status leading to revoking of you and your husband's PR status.

Either way though I would withdraw the app immediately since there is zero chance of success (you wouldn't qualify to sponsor your children until May 2019). Perhaps once withdrawn they will stop the RO investigation, but it's impossible for anyone here to say for certain.

 

[Buletruck]

Given the deadline for a response is today, I think it’s highly unlikely a withdrawal would reach them in time. Beyond that, it’s entirely up to IRCC to allow the withdrawal, and I doubt they would at this point.
It seems that you managed to return to Canada without being reported for breach of RO, but that has now been brought into question by your sons PR application. You need to provide them reasons for the breach that meet H&C if you have any, the sooner the better. Failure to do so will very likely result in them determining you were in breach and immediately start the revocation of your PR. At that point, you should appeal and it will give you time to establish yourself and children in Canada. It seems that in most appeals, establishment in Canada and best interests of the child are significant contributors to a successful appeal. Not sure how that would play out with your son being a US citizen (and I assume you had some form of status there as well) as the benefits of living in the US and Canada are similar.
One way or another, I doubt this is the last letter you will receive from IRCC in the next few months that will cause you some stress.

 

[Rob_TO]

Given the deadline for a response is today,

Good point, I didn't even notice that.

Assuming IRCC proceeds with PR revokation due to not meeting RO, appeals seems to be the only way to go. Will be difficult to say the least as the older child will need to stay as visitor the entire time (can be years before appeal is heard), so may not have access to health care, and may need to pay international student fees to attend kindergarten here.

 

[scylla]

If you have strong H&C reasons for failing to meet the residency obligation, I agree that you should focus on submitting as much evidence as possible to prove why you were unable to meet the residency obligation.

Withdrawing your son's application isn't going to fix the problem - it's too late for that since CIC has already been made aware that you don't meet RO and has issued the letter. (However I would still withdraw the application since it has no chance of succeeding.)

When providing H&C proof, you really want to focus on providing hard evidence of why you weren't able to relocate to Canada earlier. Note that education and employment / financial reasons aren't accepted. Hopefully you have other strong reasons that prevented you from moving to Canada.

Unfortunately it was a huge mistake to apply for your son's PR before you met the residency obligation. You need to be prepared for the significant possibility that this may result in the loss of your PR status - which means you'll need to leave Canada.

 

[joss]

Thanks everyone for response. They asked us to respond back by November 16, 2017, which is today or if we need more time to respond we should write them email. AS we can say we have new born child on November 13, 2017 so we were not able to gather all the evidences.
Once we get extension, can we still withdraw. I saw some posts where the withdrawal was possible.

Is there still a chance for success of withdrawal?

Please experts help!!!

 

[Rob_TO]

Thanks everyone for response. They asked us to respond back by November 16, 2017, which is today or if we need more time to respond we should write them email. AS we can say we have new born child on November 13, 2017 so we were not able to gather all the evidences.
Once we get extension, can we still withdraw. I saw some posts where the withdrawal was possible.

Is there still a chance for success of withdrawal?

Please experts help!!!

All you can do is make the request to IRCC. You should reply to their initial request immediately with the request to extend the deadline.

However as mentioned, even if the app is successfully withdrawn it will probably not stop the investigation into your own PR status. So you should still prepare for the likely scenario that you may have your PR status revoked and need to go through appeals process.

 

[scylla]

Thanks everyone for response. They asked us to respond back by November 16, 2017, which is today or if we need more time to respond we should write them email. AS we can say we have new born child on November 13, 2017 so we were not able to gather all the evidences.
Once we get extension, can we still withdraw. I saw some posts where the withdrawal was possible.

Is there still a chance for success of withdrawal?

Please experts help!!!

Withdrawing your son's application won't make a difference. It's too late. CIC is already looking into your PR status and failure to meet the residency obligation. Hopefully you have strong H&C reasons for having failed to meet RO. You need to gather and submit evidence of this as soon as possible.

I also hope you submitted at least a basic response with some evidence yesterday. It's possible CIC may not give you an extension to respond. They may make a decision on your status with the information they have available now.

 

[ibry]

Hi all,

I need to reply CIC by 16th november for this situation:

Me an my husband are PR of Canada since 2012 But have not met the residency requirements.
We landed successfully through US border in May 2017 . We are both are working here since then.
We applied for PR for our 4 year old son who is US citizen in June 2017. In October we got his medical approved.

But recently we received letter from CIC asking about questionaire about residency obligations . He mentioned that this is in relation to our son's application. We applied for his sponsership after consulting a lawyer which was big mistake.

They want us to reply back by November 16, 2017 and if we need extension for response and the reason for that.They mentioned if there are any H&C grounds they would like us to consider if we do not meet the residency requirements.

I give birth to my second child 2 days ago. I am going through a lot of stress.

Is there a way we can withdraw the sponsership application for our 4 year old son.
I read few forums of application withdrawls.

Experts please help!!!
I am going into depression . I cant look after my new born daughter.

Jasdeep

Take it easy please. My parents also ddint meet RO. Breathe everything will work out just do what they request concerning your son will look around and advice with more proof

 

[scylla]

Take it easy please. My parents also ddint meet RO. Breathe everything will work out just do what they request concerning your son will look around and advice with more proof

Please don't minimize the seriousness of the OP's situation. There's a very good chance they will not be OK. CIC has started an investigation of their PR status and residency obligation. There is no way to stop this. CIC is NOT requesting information about their son. CIC is requesting information about their residency days. This is the process CIC follows when they are investigating somone's PR status with the aim of revoking PR status if RO is not met.

Your parents' situation appears somewhat different. It sounds like they may have H&C reasons for having failed to meet RO. The OP appears to have been living in the US for economic reasons. Economic reasons are very rarely accepted as H&C reasons for failing to meet RO.

The OP needs to take this situation very seriously and understand that the loss of their PR status is a very real possibility. If the OP has real and strong H&C reasons for having failed to meet RO, evidence of this must be submitted to CIC asap. They have already missed the deadline provided by CIC.

 

[ibry]

Please don't minimize the seriousness of the OP's situation. There's a very good chance they will not be OK. CIC has started an investigation of their PR status and residency obligation. There is no way to stop this. CIC is NOT requesting information about their son. CIC is requesting information about their residency days. This is the process CIC follows when they are investigating somone's PR status with the aim of revoking PR status if RO is not met.

Your parents' situation appears somewhat different. It sounds like they may have H&C reasons for having failed to meet RO. The OP appears to have been living in the US for economic reasons. Economic reasons are very rarely accepted as H&C reasons for failing to meet RO.

The OP needs to take this situation very seriously and understand that the loss of their PR status is a very real possibility. If the OP has real and strong H&C reasons for having failed to meet RO, evidence of this must be submitted to CIC asap. They have already missed the deadline provided by CIC.

I am just telling her to take it easy since she says she is depressed just gave birth and stressed. At the end of the day if CiC makes a decision u cant do nothing about it right? So why give yourself high blood pressure from now when you dont even know if its going to work out eventually. Post partum depression is real!

About my parents they do have good H and C reasons but i still dont know if its enough cause its the officers choice. I just learnt to be less worried cause i cant do much or anything....

I must have missed the part where she said they live in the us for economic reasons. I was just worried that she was depressed and i said ill look for sources to buffer advice which i have not found yet... sorry.

Thanks for clearing that out....

 

[ibry]

Please don't minimize the seriousness of the OP's situation. There's a very good chance they will not be OK. CIC has started an investigation of their PR status and residency obligation. There is no way to stop this. CIC is NOT requesting information about their son. CIC is requesting information about their residency days. This is the process CIC follows when they are investigating somone's PR status with the aim of revoking PR status if RO is not met.

Your parents' situation appears somewhat different. It sounds like they may have H&C reasons for having failed to meet RO. The OP appears to have been living in the US for economic reasons. Economic reasons are very rarely accepted as H&C reasons for failing to meet RO.

The OP needs to take this situation very seriously and understand that the loss of their PR status is a very real possibility. If the OP has real and strong H&C reasons for having failed to meet RO, evidence of this must be submitted to CIC asap. They have already missed the deadline provided by CIC.

Plus the deadline is very important too.... thats a serious issue