+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Karlglund

Newbie
Nov 15, 2014
5
0
Hello

I am a Canadian living in Serbia, been with my wife since 2007 who is a Serbian Citizen, we have a 5 year old daughter who has dual citizenship(Canadian and Serbian). Now here is the problem, we like to go back to Canada for awhile but I can not find the answers to my questions so hopefully someone can help.

1. From what I can understand a visa for my wife can take from 55 days to one year or more, but this is a problem, you have 2 Canadians who have the right to return to Canada at anytime they choose to., however since there is a child involved she is entitled to both parents, this is not only a right but by the constitution of Canada. So in this situation can the time line for a visa for my wife be shorten?

2. The fee just for a visa to Canada is 600 canadian dollars, and the fee for permanent residence is higher, this is also a huge problem for us since wages in serbia are low and paying this kind of money is way to much since i can not understand why it is for Canada it is just a country, yes thats right I am a Canadian and saying this! Canada is not a special country its just like any other country so why so high for visas??? and also this would stop us from affording to move back to Canada when you visa fees, we have to pay our expenses to live while waiting visa and expenses to move(Flight, moving costs etc...). Which in turn goes against our right to return back to Canada. So is there anything that our government can do in this situation? This situation is not a everyday situation you have 2 Canadians living outside Canada one being a child who also has many rights to have their parents by their side.

Sorry if this sounds harsh but it upsets me to see that there are different situations and its hard to answers to these type of situations.
 
Karlglund said:
Hello

I am a Canadian living in Serbia, been with my wife since 2007 who is a Serbian Citizen, we have a 5 year old daughter who has dual citizenship(Canadian and Serbian). Now here is the problem, we like to go back to Canada for awhile but I can not find the answers to my questions so hopefully someone can help.

1. From what I can understand a visa for my wife can take from 55 days to one year or more, but this is a problem, you have 2 Canadians who have the right to return to Canada at anytime they choose to., however since there is a child involved she is entitled to both parents, this is not only a right but by the constitution of Canada. So in this situation can the time line for a visa for my wife be shorten?

2. The fee just for a visa to Canada is 600 canadian dollars, and the fee for permanent residence is higher, this is also a huge problem for us since wages in serbia are low and paying this kind of money is way to much since i can not understand why it is for Canada it is just a country, yes thats right I am a Canadian and saying this! Canada is not a special country its just like any other country so why so high for visas??? and also this would stop us from affording to move back to Canada when you visa fees, we have to pay our expenses to live while waiting visa and expenses to move(Flight, moving costs etc...). Which in turn goes against our right to return back to Canada. So is there anything that our government can do in this situation? This situation is not a everyday situation you have 2 Canadians living outside Canada one being a child who also has many rights to have their parents by their side.

Sorry if this sounds harsh but it upsets me to see that there are different situations and its hard to answers to these type of situations.

No, they will not speed up the process for you. Your case is not more special than anybody else's.
You will have to pay the fees that are required. People are hired to deal with applications, these people get paid. Therefore there are application fees.
 
This situation is much different and I can not find anywhere on the internet or from the embassy to this type of situation.

your saying then that two Canadians who can return to Canada anytime but can not because one is a child which is entitled to both parents in this matter. But one parent is not Canadian, then the right of the 2 canadians returning anytime is being denied?

there is a conflict in the laws of Canada then?????????????
 
Karlglund said:
Hello

I am a Canadian living in Serbia, been with my wife since 2007 who is a Serbian Citizen, we have a 5 year old daughter who has dual citizenship(Canadian and Serbian). Now here is the problem, we like to go back to Canada for awhile but I can not find the answers to my questions so hopefully someone can help.

1. From what I can understand a visa for my wife can take from 55 days to one year or more, but this is a problem, you have 2 Canadians who have the right to return to Canada at anytime they choose to., however since there is a child involved she is entitled to both parents, this is not only a right but by the constitution of Canada. So in this situation can the time line for a visa for my wife be shorten?

2. The fee just for a visa to Canada is 600 canadian dollars, and the fee for permanent residence is higher, this is also a huge problem for us since wages in serbia are low and paying this kind of money is way to much since i can not understand why it is for Canada it is just a country, yes thats right I am a Canadian and saying this! Canada is not a special country its just like any other country so why so high for visas??? and also this would stop us from affording to move back to Canada when you visa fees, we have to pay our expenses to live while waiting visa and expenses to move(Flight, moving costs etc...). Which in turn goes against our right to return back to Canada. So is there anything that our government can do in this situation? This situation is not a everyday situation you have 2 Canadians living outside Canada one being a child who also has many rights to have their parents by their side.

Sorry if this sounds harsh but it upsets me to see that there are different situations and its hard to answers to these type of situations.
Having a Canadian citizen child gives your wife no rights and no privileges. If it did, the population of Canada would be huge, with many using children as "anchor babies". The fees reflect the average cost of processing the thousands of applications. CIC are not out to make a profit.
 
Karlglund said:
This situation is much different and I can not find anywhere on the internet or from the embassy to this type of situation.

your saying then that two Canadians who can return to Canada anytime but can not because one is a child which is entitled to both parents in this matter. But one parent is not Canadian, then the right of the 2 canadians returning anytime is being denied?

there is a conflict in the laws of Canada then?????????????
Not at all. No rights have been violated. You can choose one of two mutually exclusive paths to take. You have the right to make that choice. The government of Canada doesn't have to automatically offer both at once. If you want both, you apply for PR for your wife. You are not the first and will not be the last to raise this argument. However, it's flawed.
 
I would disagree with the comment that the population of Canada would be huge , how many canadians live outside of Canada and how many are a family where one parent is canadian and the child is also first generation Canadian????

I was born and raised in canada, my parents are Canadian, my wife who is the mother also has rights, she has to the right to her child but the child has the right to live in Canada at anytime she chooses to but since is is only 5 years then I have the right to make that choice for her...but then there is a conflict cause a visa can take a very long time which comes down to goes against the right a for a Canadian to return to Canada at anytime and a child to the right of both parents???
 
I don't even think the fees for a PR application cover all the associated costs. Taxpayer money also probably goes into it.

Unfortunately, there is nothing in your case that makes you different from the thousands of people applying for PR every year. Almost everyone applying for PR through the family class are wives, husbands, mothers, fathers and children of Canadian citizens (and Canadian Permanent Residents). (There are a few grandparents and nieces and nephews and whatnot but the vast majority are people like your wife.) It IS a pretty common situation where there are two Canadians living outside Canada and one of the parents of the Canadian child needs to apply for PR so that he or she can live in Canada.

Your child is not denied entry to Canada, nor are you denied return to Canada. Your wife is also eligible to apply to become a PR, and she will likely get PR. All she has to do is do what everyone else in her situation does - apply for PR.
 
Karlglund said:
I would disagree with the comment that the population of Canada would be huge , how many canadians live outside of Canada and how many are a family where one parent is canadian and the child is also first generation Canadian????

I was born and raised in canada, my parents are Canadian, my wife who is the mother also has rights, she has to the right to her child but the child has the right to live in Canada at anytime she chooses to but since is is only 5 years then I have the right to make that choice for her...but then there is a conflict cause a visa can take a very long time which comes down to goes against the right a for a Canadian to return to Canada at anytime and a child to the right of both parents???
Because any child born on Canadian soil automatically becomes a citizen*, even to parents who have no legal status in Canada, anyone could claim their child has the right to enter Canada and therefore, so do the parents.

*except certain diplomatic cases.
 
Karlglund said:
I would disagree with the comment that the population of Canada would be huge , how many canadians live outside of Canada and how many are a family where one parent is canadian and the child is also first generation Canadian????

I was born and raised in canada, my parents are Canadian, my wife who is the mother also has rights, she has to the right to her child but the child has the right to live in Canada at anytime she chooses to but since is is only 5 years then I have the right to make that choice for her...but then there is a conflict cause a visa can take a very long time which comes down to goes against the right a for a Canadian to return to Canada at anytime and a child to the right of both parents???

You and your family have the right to choose where to live. You can apply for a visa or for Permanent Residency for your wife, wait and get a visa or Permanent Residency, and you can all go to Canada. No one is kicking you out of Serbia. You can stay in Serbia while your wife's visa or PR is processing. I don't understand where and how anyone's rights are being violated.
 
Zadorz I was reading that situaion as you mentioned that a child born on canadian soil to parents not of canada could have parents say the child has a right to return to canada and they would be allowed to go also, no it says a child born on canadian soil must apply for canadian citizenship and can not sponsor parents until 18..


Again different situation...I am Canadian, daughter is first generation Canadian she has her citizenship card and passport, got this when she was born immediately for her..question is that rights are being affected by the government..

My right as a Canadian and daughter for I make the decisions for her cause she is underage.. from returning anytime, cause the child in Canada is the right to both parents, but I have the right also as the father and Canadian to return back to Canada but also the child to have my child with me...so to me this is a huge conflict to the Canadian laws...
 
Karlglund said:
Zadorz I was reading that situaion as you mentioned that a child born on canadian soil to parents not of canada could have parents say the child has a right to return to canada and they would be allowed to go also, no it says a child born on canadian soil must apply for canadian citizenship and can not sponsor parents until 18..


Again different situation...I am Canadian, daughter is first generation Canadian she has her citizenship card and passport, got this when she was born immediately for her..question is that rights are being affected by the government..

My right as a Canadian and daughter for I make the decisions for her cause she is underage.. from returning anytime, cause the child in Canada is the right to both parents, but I have the right also as the father and Canadian to return back to Canada but also the child to have my child with me...so to me this is a huge conflict to the Canadian laws...
You can argue this for as long as you like but it doesn't change either the facts or the legislation. If you want to take it further, hire a lawyer.
 
The right to return to Canada when you choose to???

Pr can take up to one year or more...daughter is 5 should be in school by now but here in serbia it is 7 years old to start school, economy is going downhill fast and waiting a year effects us greatly...

To me it seems that people are justifying Canada's laws??? when you have many other countries with much shorter times, and I can use UK as the example we got working visas in less then 1 week...so what makes Canada so special???

I will not defend my own country on this matter when it makes no sense to me... I got my serbian citizenship very easy...Canada is only a country and to have Canadians live outside of our country and comment that it has to be that way should be ashamed. No it does not have to be that way and I am old enough to know that we are making our country to be special when it is not.. I feel there are rights being violated no matter how you put it...

there is an article that states that Canada is considering on allowing another 100000 immigrants to enter canada in 2016 this is wrong...
 
Karlglund said:
I would disagree with the comment that the population of Canada would be huge , how many canadians live outside of Canada and how many are a family where one parent is canadian and the child is also first generation Canadian????

Nearly 10% of Canadians, almost 3 million people, live outside of Canada. I would hazard a guess that at least many hundreds of thousands of those, if not more, are married to non-Canadians and have Canadian children. You are not unique. There are many others on this forum in the same situation.

Karlglund said:
The right to return to Canada when you choose to???

I feel there are rights being violated no matter how you put it...

You have the right to return to Canada when you choose. Your wife is not Canadian and therefore does not have that right and should in no way be automatically granted that right simply because she has a Canadian child. You have the right to continue living in Serbia or apply for your wife's PR to come to Canada.

You chose to live in Serbia, you chose to marry a Serbian, you chose to have a child in Serbia, you chose to not apply for your wife's sponsorship. Key point in there: YOU CHOSE. You cannot now argue that rights are being violated because of the life choices that you made.
 
Your wife does have a right to apply for Permanent Residency so that she can live with you and your daughter in Canada. No law says that she also has a right to receive it instantly, and without paying the necessary fees.
 
Karlglund said:
The right to return to Canada when you choose to???

Pr can take up to one year or more...daughter is 5 should be in school by now but here in serbia it is 7 years old to start school, economy is going downhill fast and waiting a year effects us greatly...

To me it seems that people are justifying Canada's laws??? when you have many other countries with much shorter times, and I can use UK as the example we got working visas in less then 1 week...so what makes Canada so special???

I will not defend my own country on this matter when it makes no sense to me... I got my serbian citizenship very easy...Canada is only a country and to have Canadians live outside of our country and comment that it has to be that way should be ashamed. No it does not have to be that way and I am old enough to know that we are making our country to be special when it is not.. I feel there are rights being violated no matter how you put it...

there is an article that states that Canada is considering on allowing another 100000 immigrants to enter canada in 2016 this is wrong...

Many people are very naïve when it comes to Immigration. Canada immigration was broken a long time ago. Best wishes