Urgent Sponsoring kids with TRP inside Canada to become PR.

[abudhabian]

Hi All,

I have 2 daughters who got TRP, temporarily Resident Permit , for 1 year ,Multiple entries, from Abu Dhabi.....I ,my wife and a son are PR card holders ,currently I am unemployed.and my wife still have her job back in UAE, we are in Toronto.

1- How to start sponsorship application process for my 2 girls..?!....I read somewhere that ,it is a very confusing process, as the case processing center in Mississauga might consider it as an overseas application....if that is the case where to send the application to, to save time ?!

2- will my unemployment status negatively affect my kids sponsorship application, a friend told me that in cases of dependant children, financial assessment are not a factor as the right of a child to be with his/her parents is a priority, is that correct..!!

3- Does our application for PR in CANADA have to match the scenario and the documents given at Abu Dhabi at time of TRP Application..!, because when we applied for TRP ,my wife was the sponsor of the kids there and she showed her bank statement as prove of financial support in Canada, but now since I will file the Sponsorship for the 2 girls in Canada,but i am unemployed ......so I am afraid if I made my wife a co-signer here, that she might not be able to return to UAE till the application is finalized, what if at one point CIC calls her to ask her few questions,or maybe want to see the kids...!...................plz advise?


3- i didnt file tax for the last 3 years, and in the document check list a last notice of assessment is required...!!, what to do please?! shall i file tax for the last 3 years then submit the reciept to CPC ,or since i was unemployed i would just write an explanation letter explaining why i didnt attach the tax records..!!, is that right..!!

4-

 

[frege]

Hi All,

I have 2 daughters who got TRP, temporarily Resident Permit , for 1 year ,Multiple entries, from Abu Dhabi.....I ,my wife and a son are PR card holders ,currently I am unemployed.and my wife still have her job back in UAE, we are in Toronto.

1- How to start sponsorship application process for my 2 girls..?!....I read somewhere that ,it is a very confusing process, as the case processing center in Mississauga might consider it as an overseas application....if that is the case where to send the application to, to save time ?!

2- will my unemployment status negatively affect my kids sponsorship application, a friend told me that in cases of dependant children, financial assessment are not a factor as the right of a child to be with his/her parents is a priority, is that correct..!!

3- Does our application for PR in CANADA have to match the scenario and the documents given at Abu Dhabi at time of TRP Application..!, because when we applied for TRP ,my wife was the sponsor of the kids there and she showed her bank statement as prove of financial support in Canada, but now since I will file the Sponsorship for the 2 girls in Canada,but i am unemployed ......so I am afraid if I made my wife a co-signer here, that she might not be able to return to UAE till the application is finalized, what if at one point CIC calls her to ask her few questions,or maybe want to see the kids...!...................plz advise?


3- i didnt file tax for the last 3 years, and in the document check list a last notice of assessment is required...!!, what to do please?! shall i file tax for the last 3 years then submit the reciept to CPC ,or since i was unemployed i would just write an explanation letter explaining why i didnt attach the tax records..!!, is that right..!!

4-

Even though it's an overseas application (also called "outland"), you still need to send it to Mississauga. Then they may possibly send it to a visa office abroad for processing.

Because you're PRs, and not citizens, the one sponsoring the children has to live in Canada. For sponsoring a child, there can only be a sponsor, no co-signer.

Being unemployed isn't in itself a bar to sponsoring your children. But you need to show that adequate arrangements will be made so that your family will not need welfare for the foreseeable future. That can include your income and your wife's, as well as evidence of your future earning potential in Canada as well as your wife's. However, you should only discuss future job prospects at a later stage if you are told that there is a concern about adequate arrangements. When you are filling out the initial application, only give them the documents they ask for.

If you are not in compliance with your residency obligation (two years of presence in Canada in the last five years), then you should probably wait until you are in compliance before applying to sponsor the children.

If you were not legally required to file returns because you were not a Canadian resident for those years, then I don't think you should do that just for CIC's sake. Include any tax returns from the UAE, or any proof of employment and income, as well as the same things for your wife.

 

[abudhabian]

Even though it's an overseas application (also called "outland"), you still need to send it to Mississauga. Then they may possibly send it to a visa office abroad for processing.

Because you're PRs, and not citizens, the one sponsoring the children has to live in Canada. For sponsoring a child, there can only be a sponsor, no co-signer.

Being unemployed isn't in itself a bar to sponsoring your children. But you need to show that adequate arrangements will be made so that your family will not need welfare for the foreseeable future. That can include your income and your wife's, as well as evidence of your future earning potential in Canada as well as your wife's. However, you should only discuss future job prospects at a later stage if you are told that there is a concern about adequate arrangements. When you are filling out the initial application, only give them the documents they ask for.

If you are not in compliance with your residency obligation (two years of presence in Canada in the last five years), then you should probably wait until you are in compliance before applying to sponsor the children.

If you were not legally required to file returns because you were not a Canadian resident for those years, then I don't think you should do that just for CIC's sake. Include any tax returns from the UAE, or any proof of employment and income, as well as the same things for your wife.

Thx a lot frege for your answer, i am still little bit confused..!!,

1- why they consider it as overseas application while i am inside canada and the kids are also inside canada with 1 year TRP ..!!,

2- who will decide which overseas visa office they will send it to, I didnt see in the sponsorship documents any box that refers to selecting visa office..!!

3- I thought to make my wife a co-sign becuz she still have her job back in UAE so that might cover the financial requirement as we going to give her UAE bank statement that we submitted back in April for the TRP application.

4- as for the residency obligation, i spent like 10 months in Canada in the past 3 years,and still have 1 year and 2 months out the coming 2 years to reach for my Residency obligation,if my calculation is right,i am not violating the RO, right...!!...but I am afraid my wife will be in difficult situation later on,as she only stayed for a month out of the last 3 years,and probably she might go back to UAE to resume her job as we cant both stay unemployed here, and if she does that ,for sure she will violate her RO, the question is..!! how would cic find out she would preach RO if i didnt mention her as RO or given her PR card along with the application, I will only submit her uae bank statements...!!

5- about tax, well as I said i nearly stayed like 10 months in Canada, in between 2014 and 2015,but i was unemployed, i had income from different sources ,not through employment nor social welfare,well my parents used to assist me financially,so if i want to file tax now on these 2 years 2014 and 2015 where i was a resident what net income shall I enter..!!...i mean how they calculate it, shall i only mention how much is avaliable in the bank account by the end of the year or how much total money ,regardless of expenses,i had during these 2 years..!!.

6- also, regarding tax, my wife was away for 3 years from Canada ,and she wasnt a resident,she was employed in UAE all this time,so if she also file her tax for the years 2013,2014 and 2015....what shall she enter ,her monthly salary ,or her bank statement balance by the end of each year......how much money is taxable ?! i mean what if most of the salary is spent away..how they would calculate the tax?......shall she pay it now,retroactively...!!.


Sorry for asking basic questions about tax,we never filed it before.

7- after filing the tax, can we file for Canada child benefit since the kids are here now....even though we have one PR son and 2 TRP daughters....!!.

thx a lot.

 

[frege]

Thx a lot frege for your answer, i am still little bit confused..!!,

1- why they consider it as overseas application while i am inside canada and the kids are also inside canada with 1 year TRP ..!!,

2- who will decide which overseas visa office they will send it to, I didnt see in the sponsorship documents any box that refers to selecting visa office..!!

3- I thought to make my wife a co-sign becuz she still have her job back in UAE so that might cover the financial requirement as we going to give her UAE bank statement that we submitted back in April for the TRP application.

4- as for the residency obligation, i spent like 10 months in Canada in the past 3 years,and still have 1 year and 2 months out the coming 2 years to reach for my Residency obligation,if my calculation is right,i am not violating the RO, right...!!...but I am afraid my wife will be in difficult situation later on,as she only stayed for a month out of the last 3 years,and probably she might go back to UAE to resume her job as we cant both stay unemployed here, and if she does that ,for sure she will violate her RO, the question is..!! how would cic find out she would preach RO if i didnt mention her as RO or given her PR card along with the application, I will only submit her uae bank statements...!!

5- about tax, well as I said i nearly stayed like 10 months in Canada, in between 2014 and 2015,but i was unemployed, i had income from different sources ,not through employment nor social welfare,well my parents used to assist me financially,so if i want to file tax now on these 2 years 2014 and 2015 where i was a resident what net income shall I enter..!!...i mean how they calculate it, shall i only mention how much is avaliable in the bank account by the end of the year or how much total money ,regardless of expenses,i had during these 2 years..!!.

6- also, regarding tax, my wife was away for 3 years from Canada ,and she wasnt a resident,she was employed in UAE all this time,so if she also file her tax for the years 2013,2014 and 2015....what shall she enter ,her monthly salary ,or her bank statement balance by the end of each year......how much money is taxable ?! i mean what if most of the salary is spent away..how they would calculate the tax?......shall she pay it now,retroactively...!!.


Sorry for asking basic questions about tax,we never filed it before.

7- after filing the tax, can we file for Canada child benefit since the kids are here now....even though we have one PR son and 2 TRP daughters....!!.

thx a lot.

1. There are no in-Canada applications to sponsor a dependent child. That means that the application is usually processed by a visa office outside Canada.

2. You choose between the visa office that serves the country of your children's nationality and the visa office serving their country of residence. The children would have no reason to be interviewed, so you should probably choose whichever office has faster processing times according to people in the forum.

From the Immigration and Refugee Protection Regulations:

11 (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves

(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or

(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

3. There is no financial requirement (unless your daughters have children). The forms say that in this case there can be no co-signer. The "adequate arrangements" requirement can take your wife's income into account if necessary.

4. She might lose her PR and then you would need to sponsor her to Canada. The "adequate arrangements" would be based on her future ability to earn money in Canada as well as yours. It might be best and safest for her to move to Canada before she loses her PR, if you think she can find work here. It depends what her income is in the UAE and how much she can earn in Canada. You should ask a new question on the forum about whether there is any reason CIC would reject your sponsorship application in that case.

5. That is a tax question. You need to find out whether you were legally required to file a tax return those years. I would ask an accountant (or look here: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/flng-blgtns/menu-eng.html ) I think the immigration forms only ask for your notice of assessment for 2015.

6. If she didn't live in Canada and didn't have income that came from Canada in a certain year, then she probably didn't need to file a tax return in Canada.

7. Yes, you can get the CCB if you are considered (now) a resident of Canada for tax purposes. To calculate the credit, they will look at your income and your wife's income in 2015 from both Canada and the UAE. So it's possible they will ask to see UAE tax documents. This is something else to ask an accountant about. You can apply up to 11 months late without losing any money.

 

[frege]

Abudhabian, I've asked a question for you here: http://www.canadavisa.com/canada-immigration-discussion-board/sponsoring-a-spouse-who-has-lost-pr-due-to-residency-t438767.0.html;msg5330787#msg5330787

 

[canuck_in_uk]

2. You choose between the visa office that serves the country of your children's nationality and the visa office serving their country of residence. The children would have no reason to be interviewed, so you should probably choose whichever office has faster processing times according to people in the forum.

The option to select a visa office was removed quite some time ago. CIC chooses where to send apps.

 

[frege]

The option to select a visa office was removed quite some time ago. CIC chooses where to send apps.

Okay, thanks for the correction. But how does that square with 11(1) of the IRPR?

 

[abudhabian]

frege, a lot of info, i will read it again and again, thx a lot for ur info.

is there a section in this forum related to taxes.!

indeed how CPC decide which visa office?...when I was in UAE, I sent our PR application to london visa office which was quick and professional in replying to all our emails, but for the TRP for kids we applied through Canada Embassy in Abu Dhabi.

so how they going to decide which visa offcie?

btw what is CPC Mississauga direct telephone number becuz i am trying to call CIC since morning but they keep hanging up becuz of high volume of calls...the number i am dailing is this one

1 888 242 2100

thx again frege

 

[CDNPR2014]

frege, a lot of info, i will read it again and again, thx a lot for ur info.

is there a section in this forum related to taxes.!

indeed how CPC decide which visa office?...when I was in UAE, I sent our PR application to london visa office which was quick and professional in replying to all our emails, but for the TRP for kids we applied through Canada Embassy in Abu Dhabi.

so how they going to decide which visa offcie?

btw what is CPC Mississauga direct telephone number becuz i am trying to call CIC since morning but they keep hanging up becuz of high volume of calls...the number i am dailing is this one

1 888 242 2100

thx again frege

CIC processes PR applications based on the country of citizenship of the applicant. if the applicant has a valid temporary residency of another country during the application processing, they may choose to send it to that visa office. there is no way to know until the application is submitted and CIC tells you where it will go.

 

[CDNPR2014]

Okay, thanks for the correction. But how does that square with 11(1) of the IRPR?

well, considering the 11(1) says:
Place of application for permanent resident visa

11 (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

then, cic will make the decision based on the country of citizenship or residency. this doesn't change the rule, it just changes a person's ability to suggest a preferred visa office for their application. i'm not understanding how this doesn't line up? the rule doesn't suggest an applicant has the right to choose this themselves, unless i'm missing something.

 

[frege]

well, considering the 11(1) says:
Place of application for permanent resident visa

11 (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

then, cic will make the decision based on the country of citizenship or residency. this doesn't change the rule, it just changes a person's ability to suggest a preferred visa office for their application. i'm not understanding how this doesn't line up? the rule doesn't suggest an applicant has the right to choose this themselves, unless i'm missing something.

I always read the word *must* as meaning that the applicant must apply to one of those two offices. Perhaps CIC reads it differently.

I mean, imagine you are a resident of Australia and a citizen of Sweden. Then, on the one hand, you might choose Sweden because you're leaving (or getting kicked out of) Australia soon, and you might have to go to an interview. On the other hand, if you know you're going to be in Australia for a long time, it would be a pain in the neck to have to travel back to Sweden to have an interview. So it really depends on your plans on where you're going to be. And how is CIC going to know this?

Also, when you first submit the application, you need to use certain region-specific forms. Which ones do you use? Do you use the ones for a country you might well be leaving in two weeks?

In any case, things were different when we applied. We definitely had a choice between London and Paris.

 

[CDNPR2014]

I always read the word *must* as meaning that the applicant must apply to one of those two offices. Perhaps CIC reads it differently.

I mean, imagine you are a resident of Australia and a citizen of Sweden. Then, on the one hand, you might choose Sweden because you're leaving (or getting kicked out of) Australia soon, and you might have to go to an interview. On the other hand, if you know you're going to be in Australia for a long time, it would be a pain in the neck to have to travel back to Sweden to have an interview. So it really depends on your plans on where you're going to be. And how is CIC going to know this?

Also, when you first submit the application, you need to use certain region-specific forms. Which ones do you use? Do you use the ones for a country you might well be leaving in two weeks?

In any case, things were different when we applied. We definitely had a choice between London and Paris.

yes, i read must as one or the other as well. i don't understand how you think cic does it differently? where does it say the APPLICANT has the right to choose this? they don't, these are the rules cic must comply with while processing. no where does it suggest an applicant can make this choice. the reason there is no choice is probably because of scenarios like the one you suggested. a person can want to be processed one place in the beginning, then things change and they want it switched. also, it clearly states the person must have legal residence of at least a year. seems much easier to me to take the choice away from the applicant and leave it in CIC's hands. the rules are pretty straightforward. CIC must choose either country of citizenship or country of residence if lawfully there for at least 12 months. one of those will be chosen.

as for which application to use, well that's the risk of the applicant who is residing somewhere else for 12+ months. if cic decides to process based on citizenship, then presumably cic will request country specific documents down the road. for the most part, the application forms are identical for every country.

 

[frege]

frege, a lot of info, i will read it again and again, thx a lot for ur info.

is there a section in this forum related to taxes.!

indeed how CPC decide which visa office?...when I was in UAE, I sent our PR application to london visa office which was quick and professional in replying to all our emails, but for the TRP for kids we applied through Canada Embassy in Abu Dhabi.

so how they going to decide which visa offcie?

btw what is CPC Mississauga direct telephone number becuz i am trying to call CIC since morning but they keep hanging up becuz of high volume of calls...the number i am dailing is this one

1 888 242 2100

thx again frege

Yes, there's a section on taxation here: http://www.canadavisa.com/canada-immigration-discussion-board/canadian-finance-and-taxation-b25.0/

About the call centre, that's just the way it is. You sometimes have to call ten or twenty times to be able to talk to someone. You just need to keep trying.

I'm not sure how they or you decide on the visa office. The guide says:

Sponsored relatives must follow specific instructions depending on where they live. To find their region, use the list below.

http://www.cic.gc.ca/english/information/applications/fc.asp
But your daughters are in Canada now, so I'm not sure what this means. What is your kids' citizenship? What countries do they have permanent residence in?

 

[frege]

Abudhabian,

Based on RobTO's answers here: http://www.canadavisa.com/canada-immigration-discussion-board/sponsoring-a-spouse-who-has-lost-pr-due-to-residency-t438767.0.html;msg5330787#msg5330787
it seems there is a real possibility that if your wife stays in the UAE too long then you will need to sponsor her to come to Canada.

 

[abudhabian]

frege,

i managed to find an answer from cic, however the agent was not friendly at all,he said just sent the application to cpc missisaga and they will decide what visa office it will process the application,and refused to answer further questions.refereed me to cic website.

thx frege for ur great help.

+1 for your