[urgent please help] child PR got approved but got email saying "cannot land or confirm PR status of an applicant if they are currently out-of-status"

[younan02]

I sponsored my 1 year old daughter's PR application and it was approved like two weeks ago and I registered her information in the PR portal and was waiting for the eCOPR. Today I got an email saying below:

Hello,

This refers to your application for permanent residence, which was recently approved.
It appears that some family members on this application are inadmissible due to overstay/non-compliance of temporary resident conditions. By regulations, we cannot land or confirm PR status of an applicant if they are currently out-of-status inside Canada.
In order for us to continue with the landing process, we require additional information from you......

I am so so confused because my 1 year old daughter is the only applicant on that application. She is a US citizen (so doesn't need a visa to enter Canada) and her last entry time was in October 2021 through land border. And since there was no stamp on her passport, I assume that she can stay for 6 months? Some additional background fact is her first entry to Canada was in May 2021 and she only left to US for couple of days in October. I am the sponsor and I am a PR.

I already replied the officer's email providing the information he/she requested and asked if there's something wrong in the system... Could anyone please give me some hints? As I really could not think of how my daughter could be inadmissible due to overstay/non-compliance of temporary resident conditions. Thank you!!

 

[m_bee]

that fact that your daughter left Canada in May and returned in October didn`t actually count as leaving Canada - if it was done by land. her new 6 month authorized period of stay didn`t start all over again.
her 6 month stay started in May so in November it expired. if she had left by plane it would have counted as leaving Canada and her 6 month would have started in October, but leaving by land is different. you can apply for a restoration of status for her and this should solve the problem.

 

[YVR123]

that fact that your daughter left Canada in May and returned in October didn`t actually count as leaving Canada - if it was done by land. her 6 month stay started in May so in November it expired. if she had left by plane it would have counted as leaving Canada and her 6 month would have started in October, but leaving by land is different. you can apply for a restoration of status for her and this should solve the problem.

That's incorrect. Border is border. Land or air. The child did leave Canada and when she came back in Oct, it's another 6 months.

If you have travel record, send and proof it. May - Oct is a long time, you should have some information to show tha she was not in Canada.

 

[m_bee]

That's incorrect. Border is border. Land or air. The child did leave Canada and when she came back in Oct, it's another 6 months.

If you have travel record, send and proof it. May - Oct is a long time, you should have some information to show tha she was not in Canada.

i don`t think you are right. you can leave Canada by land and re-enter even with expired TRV. this means your authorized period of stay didn`t end if you left by car.

 

[YVR123]

i don`t think you are right. you can leave Canada by land and re-enter even with expired TRV. this means your authorized period of stay didn`t end if you left by car.

I haven't seen/heard ppl enter thru land border with expired TRV. ....

 

[m_bee]

I haven't seen/heard ppl enter thru land border with expired TRV. ....

here is the quote from canada. ca

Validity of stay upon re-entry
As per R190(3)(f), foreign nationals who are normally required to have TRVs to enter Canada are exempt from that requirement when they seek to re-enter, if, since leaving Canada after being authorized to enter as a temporary resident, they have only visited St. Pierre and Miquelon or the U.S. (including the Territories and Possessions of the U.S., but not including cruises that enter international waters) and:

• are returning within the initial period authorized by an officer; or
• are in possession of a valid VR, WP, SP or a TRP (authorizing re-entry) and are returning within the initial period authorized by an officer.

An example of R190(3)(f): A foreign national in possession of a TRV valid for 1 year, who is subsequently issued a four-year SP at a POE, may leave and return to Canada after the expiry of the TRV as long as they have only visited the U.S. or St. Pierre and Miquelon and the SP is still valid.

 

[YVR123]

here is the quote from canada. ca

Validity of stay upon re-entry
As per R190(3)(f), foreign nationals who are normally required to have TRVs to enter Canada are exempt from that requirement when they seek to re-enter, if, since leaving Canada after being authorized to enter as a temporary resident, they have only visited St. Pierre and Miquelon or the U.S. (including the Territories and Possessions of the U.S., but not including cruises that enter international waters) and:

• are returning within the initial period authorized by an officer; or
• are in possession of a valid VR, WP, SP or a TRP (authorizing re-entry) and are returning within the initial period authorized by an officer.

An example of R190(3)(f): A foreign national in possession of a TRV valid for 1 year, who is subsequently issued a four-year SP at a POE, may leave and return to Canada after the expiry of the TRV as long as they have only visited the U.S. or St. Pierre and Miquelon and the SP is still valid.

interesting... but it didn't say land border...

anyway, I will leave it for more experience memebers to reply. ApparentlyI know nothing about land border crossing.

 

[m_bee]

but it didn't say land border...

i`ll try to find more detailed information about it. i know it firsthand because my husband did it a while back when he was on an expired TRV and a valid study permit here in Canada and traveled to US by car.

p.s. i can`t seem to find the document that specifically says about re-entry by land. but the whole point remains the same - seems like those 6 months never really ended until November and she became out-of-status for this reason.

 

[younan02]

i`ll try to find more detailed information about it. i know it firsthand because my husband did it a while back when he was on an expired TRV and a valid study permit here in Canada and traveled to US by car.

p.s. i can`t seem to find the document that specifically says about re-entry by land. but the whole point remains the same - seems like those 6 months never really ended until November and she became out-of-status for this reason.

thank you so much for your input. I got your idea. my daughter first entered in say May 15 and then left in Oct 15 and came back in Oct 17, which means she's in US for only three days. I have some evidence which can show she enter Canada in Oct 17 (e.g. ArriveCan history). do you think that will be helpful? thanks!

 

[m_bee]

thank you so much for your input. I got your idea. my daughter first entered in say May 15 and then left in Oct 15 and came back in Oct 17, which means she's in US for only three days. I have some evidence which can show she enter Canada in Oct 17 (e.g. ArriveCan history). do you think that will be helpful? thanks!

i honestly don`t know if this works! but you should definitely attach all proofs and wait for their answer. in case they don`t accept it you can go ahead and restore her status. she is given 90 days to restore it after she became out of status. i`m sure she won`t be refused since she`s literally one step away from becoming a PR. but it might take some time. keep us posted!

 

[younan02]

i honestly don`t know if this works! but you should definitely attach all proofs and wait for their answer. in case they don`t accept it you can go ahead and restore her status. she is given 90 days to restore it after she became out of status. i`m sure she won`t be refused since she`s literally one step away from becoming a PR. but it might take some time. keep us posted!

thank you so much! TBH I feel this re-entering by land policy so confusing... the border officer should at least remind us of this thing...I will post how things go.

 

[bwana]

thank you so much! TBH I feel this re-entering by land policy so confusing... the border officer should at least remind us of this thing...I will post how things go.

You can also go to the US immigration site, check for her I-94 records it will show you the date you enter and leave the US, this an help.It is free to look on a record

 

[MJSPARV]

here is the quote from canada. ca

Validity of stay upon re-entry
As per R190(3)(f), foreign nationals who are normally required to have TRVs to enter Canada are exempt from that requirement when they seek to re-enter, if, since leaving Canada after being authorized to enter as a temporary resident, they have only visited St. Pierre and Miquelon or the U.S. (including the Territories and Possessions of the U.S., but not including cruises that enter international waters) and:

• are returning within the initial period authorized by an officer; or
• are in possession of a valid VR, WP, SP or a TRP (authorizing re-entry) and are returning within the initial period authorized by an officer.

An example of R190(3)(f): A foreign national in possession of a TRV valid for 1 year, who is subsequently issued a four-year SP at a POE, may leave and return to Canada after the expiry of the TRV as long as they have only visited the U.S. or St. Pierre and Miquelon and the SP is still valid.

But the daughter is a us citizen and thus doesn't have a trv so I don't think this applies to her.

 

[m_bee]

But the daughter is a us citizen and thus doesn't have a trv so I don't think this applies to her.

this was not about the daughter`s situation. it was my answer to YVR123 regarding re-entry with expired TRV.
conditions of authorized period of stay are the same for everyone, regardless of their entry documents.

 

[canuck78]

I sponsored my 1 year old daughter's PR application and it was approved like two weeks ago and I registered her information in the PR portal and was waiting for the eCOPR. Today I got an email saying below:

Hello,

This refers to your application for permanent residence, which was recently approved.
It appears that some family members on this application are inadmissible due to overstay/non-compliance of temporary resident conditions. By regulations, we cannot land or confirm PR status of an applicant if they are currently out-of-status inside Canada.
In order for us to continue with the landing process, we require additional information from you......

I am so so confused because my 1 year old daughter is the only applicant on that application. She is a US citizen (so doesn't need a visa to enter Canada) and her last entry time was in October 2021 through land border. And since there was no stamp on her passport, I assume that she can stay for 6 months? Some additional background fact is her first entry to Canada was in May 2021 and she only left to US for couple of days in October. I am the sponsor and I am a PR.

I already replied the officer's email providing the information he/she requested and asked if there's something wrong in the system... Could anyone please give me some hints? As I really could not think of how my daughter could be inadmissible due to overstay/non-compliance of temporary resident conditions. Thank you!!

Do both parents currently meet their ROs if they are per any residents? Did they apply for sponsorship when in Canada? Have they remained in Canada during the sponsorship period?