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Urgent question about dependents landing first

Timeoutbleh

Full Member
Jan 16, 2017
43
2
My family have received our PR visa and will need to land soon to activate it. However, my relative in Canada isn't doing well health wise and we may have to send my daughter ahead to see her in the worst case scenario (i.e death). Is there a department/number/contact where we can ask, on compassionate grounds, whether her visa can still be activated even if she arrives in Canada before my wife who is the main applicant? We have already bought our tickets but we are afraid that my relative would not be able to hold on till then.

Appreciate any advice or information. Thank you!
 

Buletruck

VIP Member
May 18, 2015
6,876
2,707
Principal applicant needs to land first or at the same time. Dependants won’t be able to land until the principal applicant completes their landing.
 
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Lorenc80

Hero Member
Aug 13, 2018
246
50
My family have received our PR visa and will need to land soon to activate it. However, my relative in Canada isn't doing well health wise and we may have to send my daughter ahead to see her in the worst case scenario (i.e death). Is there a department/number/contact where we can ask, on compassionate grounds, whether her visa can still be activated even if she arrives in Canada before my wife who is the main applicant? We have already bought our tickets but we are afraid that my relative would not be able to hold on till then.

Appreciate any advice or information. Thank you!
I think that would not be possible. it's either the primary applicant alone, or all togethere. dependents cannot land before primary applicant
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
My family have received our PR visa and will need to land soon to activate it. However, my relative in Canada isn't doing well health wise and we may have to send my daughter ahead to see her in the worst case scenario (i.e death). Is there a department/number/contact where we can ask, on compassionate grounds, whether her visa can still be activated even if she arrives in Canada before my wife who is the main applicant? We have already bought our tickets but we are afraid that my relative would not be able to hold on till then.

Appreciate any advice or information. Thank you!
Your daughter would have to enter as a visitor but in the process of travelling, would likely use up her single entry IM-1 visa.
This could result in her not being able to return to Canada later in order to perform the actual PR landing.
 
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scylla

VIP Member
Jun 8, 2010
95,815
22,094
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My family have received our PR visa and will need to land soon to activate it. However, my relative in Canada isn't doing well health wise and we may have to send my daughter ahead to see her in the worst case scenario (i.e death). Is there a department/number/contact where we can ask, on compassionate grounds, whether her visa can still be activated even if she arrives in Canada before my wife who is the main applicant? We have already bought our tickets but we are afraid that my relative would not be able to hold on till then.

Appreciate any advice or information. Thank you!
It's not possible for your daughter to land first. Compassionate grounds will not be considered. Your daughter can only land after your wife or along with your wife. If your daughter must travel earlier, she will need to enter as a tourist.
 

Timeoutbleh

Full Member
Jan 16, 2017
43
2
Update:

We were directed to this clause at ENF 4 Port of entry examinations:

12.13 Family members arriving before the principal applicant Occasionally, a border services officer at Immigration Secondary will encounter a family member who arrives before the principal applicant and is seeking permanent residence. ENF 4 Port of entry examinations 2016-12-23 64 Paragraph R51(b) requires a permanent resident visa holder to establish that they and their family members, whether accompanying or not, meet the requirements of the Act and Regulations. For a family member to meet these requirements, it is usually incumbent on the principal applicant being admissible at the POE. This also holds true for the principal applicant arriving before their family members. A border services officer encountering this situation should obtain the following information from the family member or principal applicant: 1) why the family member or principal applicant is preceding the rest of the family (e.g., to seek accommodation or employment, lack of a seat on the aircraft carrying the principal applicant); 2) when the rest of the family is due to arrive; 3) and the person’s means of support. The border services officer should complete the verification process but should not grant permanent resident status to the family member. If the person has a valid permanent resident visa and the border services officer is satisfied that the rest of the family intends to come to Canada, the border services officer may wish to defer the examination pursuant to section A23 in order to obtain more information or wait until the rest of the family arrives so they may be examined. The border services officer should enter the information into GCMS by means of a GCMS Note, which indicates that the granting of permanent residence has been deferred pending the arrival of the rest of the family. If the border services officer has reasonable grounds to believe that the rest of the family will not be coming to Canada, the border services officer should initiate enforcement action unless the person qualifies in their own right for permanent resident status.

My understanding of that bold part is that if we can justify why my daughter has to arrive first, that she is being supported by the family member who is coming with her and that we (her immediate family) will be entering soon after, even though her PR will not be activated immediately, it will still be activated once we land afterwards. Is that right? Does anybody have any idea on what the examination is about and whether we have to do it at the airport or we have to make an appointment to do it afterwards?
 
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steaky

VIP Member
Nov 11, 2008
14,751
1,745
Job Offer........
Pre-Assessed..
Update:

We were directed to this clause at ENF 4 Port of entry examinations:

12.13 Family members arriving before the principal applicant Occasionally, a border services officer at Immigration Secondary will encounter a family member who arrives before the principal applicant and is seeking permanent residence. ENF 4 Port of entry examinations 2016-12-23 64 Paragraph R51(b) requires a permanent resident visa holder to establish that they and their family members, whether accompanying or not, meet the requirements of the Act and Regulations. For a family member to meet these requirements, it is usually incumbent on the principal applicant being admissible at the POE. This also holds true for the principal applicant arriving before their family members. A border services officer encountering this situation should obtain the following information from the family member or principal applicant: 1) why the family member or principal applicant is preceding the rest of the family (e.g., to seek accommodation or employment, lack of a seat on the aircraft carrying the principal applicant); 2) when the rest of the family is due to arrive; 3) and the person’s means of support. The border services officer should complete the verification process but should not grant permanent resident status to the family member. If the person has a valid permanent resident visa and the border services officer is satisfied that the rest of the family intends to come to Canada, the border services officer may wish to defer the examination pursuant to section A23 in order to obtain more information or wait until the rest of the family arrives so they may be examined. The border services officer should enter the information into GCMS by means of a GCMS Note, which indicates that the granting of permanent residence has been deferred pending the arrival of the rest of the family. If the border services officer has reasonable grounds to believe that the rest of the family will not be coming to Canada, the border services officer should initiate enforcement action unless the person qualifies in their own right for permanent resident status.

My understanding of that bold part is that if we can justify why my daughter has to arrive first, that she is being supported by the family member who is coming with her and that we (her immediate family) will be entering soon after, even though her PR will not be activated immediately, it will still be activated once we land afterwards. Is that right? Does anybody have any idea on what the examination is about and whether we have to do it at the airport or we have to make an appointment to do it afterwards?
Like the other poster said, your daughter likely to enter as visitor and she can do the landing at a land border afterwards.
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
Update:

We were directed to this clause at ENF 4 Port of entry examinations:

12.13 Family members arriving before the principal applicant Occasionally, a border services officer at Immigration Secondary will encounter a family member who arrives before the principal applicant and is seeking permanent residence. ENF 4 Port of entry examinations 2016-12-23 64 Paragraph R51(b) requires a permanent resident visa holder to establish that they and their family members, whether accompanying or not, meet the requirements of the Act and Regulations. For a family member to meet these requirements, it is usually incumbent on the principal applicant being admissible at the POE. This also holds true for the principal applicant arriving before their family members. A border services officer encountering this situation should obtain the following information from the family member or principal applicant: 1) why the family member or principal applicant is preceding the rest of the family (e.g., to seek accommodation or employment, lack of a seat on the aircraft carrying the principal applicant); 2) when the rest of the family is due to arrive; 3) and the person’s means of support. The border services officer should complete the verification process but should not grant permanent resident status to the family member. If the person has a valid permanent resident visa and the border services officer is satisfied that the rest of the family intends to come to Canada, the border services officer may wish to defer the examination pursuant to section A23 in order to obtain more information or wait until the rest of the family arrives so they may be examined. The border services officer should enter the information into GCMS by means of a GCMS Note, which indicates that the granting of permanent residence has been deferred pending the arrival of the rest of the family. If the border services officer has reasonable grounds to believe that the rest of the family will not be coming to Canada, the border services officer should initiate enforcement action unless the person qualifies in their own right for permanent resident status.

My understanding of that bold part is that if we can justify why my daughter has to arrive first, that she is being supported by the family member who is coming with her and that we (her immediate family) will be entering soon after, even though her PR will not be activated immediately, it will still be activated once we land afterwards. Is that right? Does anybody have any idea on what the examination is about and whether we have to do it at the airport or we have to make an appointment to do it afterwards?
Ok you are mixing terms
family member does not equal to dependant or principal applicant. Your question is answered in this sentence:

4 Port of entry examinations 2016-12-23 64 Paragraph R51(b) requires a permanent resident visa holder to establish that they and their family members, whether accompanying or not, meet the requirements of the Act and Regulations. For a family member to meet these requirements, it is usually incumbent on the principal applicant being admissible at the POE. This also holds true for the principal applicant arriving before their family members.

Why? Because even if you have COPR in your hands you are not yet a Canadian PR. The final decision is done on POE by the officer that confirms and sings your COPR (and yes also rare, they are cases when people are rejected on POE).
And since all your dependants are approved only because the principal applicant is approved, it has no sense to let them enter beforehand (that would be a nice loophole).

So your highlighted sentence would be valid for situation, where bigger family is arriving in batches. (for example father first - he is principal applicant, then 18 years old daughter - still dependant, but other than that able to travel alone without any complication. Then mother with small children).
 

scylla

VIP Member
Jun 8, 2010
95,815
22,094
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My family have received our PR visa and will need to land soon to activate it. However, my relative in Canada isn't doing well health wise and we may have to send my daughter ahead to see her in the worst case scenario (i.e death).
Your daughter cannot land before you. She can only come to Canada with the primary applicant or after.