urgent plz---leon,PMM plz help

[Rachel]

hi...myself and my hubby came back from canada to india after landing there and staying there for 4 months...no we are in india for the past 3 months...we have our PR cards and i came here for my delivery...i will hav my baby in a couple of onths...i want to know how long can we both stay in india so that we can have valid PR status? is there any time period within which we have to return to canada to retain our PRs? also if i give birth to my child in india do i have to apply for my baby's PR in india and also how long will it take to get PR for baby? plz clarify...

 

[Leon]

You can be outside Canada for as much as 3 years in any 5 year period and still keep your PR.

You will need to sponsor your baby for PR but you can not do it from outside Canada. Either one of you will have to go to Canada and apply to sponsor the baby from there while the other waits with the baby in India or you apply for a visa for the baby to come with you to Canada so you can go together. Babies are sometimes denied a TRV based on risk of overstaying but some people have been successful in getting a TRP instead. You have to talk to the embassy about this.

The time it takes is about a month in Mississauga to approve sponsor and then average 3 months in India for the rest so about 4 months average all in all.

 

[Rachel]

thanx a lot leon for answering everything in detail....one more doubt i read somewhere that you can stay outside canada only for 6 months(180 days) at a stretch after that u have to return to canada to retain our PR status...but u said we can stay outside canada for 3 whole years and retain our PRs...can u clarify this plz...

 

[Leon]

The 6 months were old rules, prior to 2003 or so. The rules now state that you can stay up to 1095 days outside Canada in any 5 year period. 1095 days is 3 years and it doesn't matter if you take it in one go or bit by bit.

 

[Rachel]

thanx so much...we r much relieved now...also another doubt...my hubby has some credit card loans to be paid in canada and we are unable to pay it now since we r india...will it cause a bad credit if we return back to canada? will we allowed inside canada?

 

[Leon]

You will be allowed inside Canada as it has nothing to do with your PR but bad credit will cause you to have problems renting an apartment or getting credit cards or buying anything on payments. If you have the money to make at least the minimum payment, you should still try to do that, even if you are in India. You may be able to send an international check or have the money transferred from a card you have in India. You should contact the credit card company in Canada, explain your situation and ask them how you can continue with the minimum payments or if you can defer the minimum payments until you return.

 

[tgchi13]

You can be outside Canada for as much as 3 years in any 5 year period and still keep your PR.

You will need to sponsor your baby for PR but you can not do it from outside Canada. Either one of you will have to go to Canada and apply to sponsor the baby from there while the other waits with the baby in India or you apply for a visa for the baby to come with you to Canada so you can go together. Babies are sometimes denied a TRV based on risk of overstaying but some people have been successful in getting a TRP instead. You have to talk to the embassy about this.

The time it takes is about a month in Mississauga to approve sponsor and then average 3 months in India for the rest so about 4 months average all in all.

Leon, if you have time to address this, what is the difference between a Temporary Residents Visa (TRV) and a Temporary Residents Permit (TRP)?

 

[Doglover]

@tgchi
A temporary resident permit or TRP is a document authorizing a person who is otherwise inadmissible to Canada or does not meet the requirements of the Immigration and Refugee Protection Act as either a temporary resident or a permanent resident to enter or remain in Canada. Temporary resident permits are only issued in exceptional circumstances, and may be cancelled at any time.

A temporary resident permit is not the same as a temporary resident visa which is issued to visitors, students or temporary workers who meet the requirements for admission to Canada.
http://canadaonline.about.com/od/immigration/g/temprespermit.htm

In other case:
A visa allows a person to travel to the country border and a permit allows them to remain in the country. If someone has a visa they are usually issued with a permit at the border.The permit is stamped in your passport by the immigration office on arrival.

Permits expire when a person leaves the country and if they wish to return they will need either a multiple-entry visa or another single-entry visa.

The temporary resident visa is placed in your passport to show that you have met the requirements for admission to Canada as a visitor, student or temporary worker. It does not guarantee your admission to Canada. When you arrive at the point of entry to Canada, an officer from the Canada Border Service Agency will decide if you will be admitted to Canada.

Sorry LEON for hijacking the question

 

[tgchi13]

@ tgchi
- - -
Sorry LEON for hijacking the question

Doglover, you know I don't mind and Leon won't likely mind the jacking so long as the info is accurate in fact, I'd expect he'd appreciate that you took the time!

Thank you.

 

[shawonsarker84]

You will be allowed inside Canada as it has nothing to do with your PR but bad credit will cause you to have problems renting an apartment or getting credit cards or buying anything on payments. If you have the money to make at least the minimum payment, you should still try to do that, even if you are in India. You may be able to send an international check or have the money transferred from a card you have in India. You should contact the credit card company in Canada, explain your situation and ask them how you can continue with the minimum payments or if you can defer the minimum payments until you return.

One clarification, if you have bad credit, can you still apply for your child. In a sponsorship application, they asked if you have gone bankrupt before? If you do then you are not qualified for sponsorship. So you will be denied by Mississauga Ontario on the first place when you apply for PR. It will not affect your PR but sponsoring your child may get affected having bad credit or bankrupt. So keep that in mind.

 

[Leon]

Sorry LEON for hijacking the question

No probs, thanks for answering

One clarification, if you have bad credit, can you still apply for your child. In a sponsorship application, they asked if you have gone bankrupt before?

You can not be bankrupt or on welfare to sponsor but you also don't have to prove income to sponsor your spouse or your children. Having debts and bad credit is ok. You just can't file for bankruptcy.

 

[alok11]

@ tgchi
A temporary resident permit or TRP is a document authorizing a person who is otherwise inadmissible to Canada or does not meet the requirements of the Immigration and Refugee Protection Act as either a temporary resident or a permanent resident to enter or remain in Canada. Temporary resident permits are only issued in exceptional circumstances, and may be cancelled at any time.

A temporary resident permit is not the same as a temporary resident visa which is issued to visitors, students or temporary workers who meet the requirements for admission to Canada.
http://canadaonline.about.com/od/immigration/g/temprespermit.htm

In other case:
A visa allows a person to travel to the country border and a permit allows them to remain in the country. If someone has a visa they are usually issued with a permit at the border.The permit is stamped in your passport by the immigration office on arrival.

Permits expire when a person leaves the country and if they wish to return they will need either a multiple-entry visa or another single-entry visa.

The temporary resident visa is placed in your passport to show that you have met the requirements for admission to Canada as a visitor, student or temporary worker. It does not guarantee your admission to Canada. When you arrive at the point of entry to Canada, an officer from the Canada Border Service Agency will decide if you will be admitted to Canada.

Sorry LEON for hijacking the question

Excellent reply from Doglover, am surre Leon himself would be proud of you with this step-by-step explanation. This only gives people like me confidence that even when our most senior boss Leon retires, we still have people that we can rcompletely rely on to give us first hand and first class information. Thank you for taking your time to explain this. Please, we need more hi-jackings from you if you don't mind. Could you also please take your time to visit the Federal Skilled Worker Section of this forum Doglover? This is my honest request. Once again, Thank you.

 

[Leon]

I am not the smartest here and not the senior, PMM is. And yes, hopefully there will always be people around here who are ready to share their knowledge and try to help others the best they can.

 

[Doglover]

@ Alok11

Many Thanks for the appreciation, However I am neither an expert nor senior but I love to share whatever i know.

Anyways I visit skilled worker forum too frequently.

Thanks again