Visit visa for 3yr old, mother PR

[bkinblack]

hi
This might be a bit long, but any guidance will be appreciated.
I am a PR card holder since 2002. My card was renewed in March 2008, a couple of months later I came to India and got married here. My husband is an Indian national and he was never interested in migrating to Canada. He had a good job and was well settled here. We had a baby in 2009 and I did not go back to Canada during this term, partly because of a complicated pregnancy and mostly because Iwanted to be with my husband at that time. In retrospect, it might have been wiser to go back and give birth in Canada as I could have avoided the mess I'm in now, but i took an emotional decision at the time.

After the baby was born there was an uphill struggle for getting the documents together, and then the passport took forever to come. Passport finally arrived in Dec 2010. In the meantime my parents were in touch with CIC and they advised us to get an indian passport and apply for a trp.

I applied for a TRP in August 2011, and it was rejected.I was asked to sponsor the child and the usual thing about how the officer was not convinced that the baby would leave Canada when the TRP expired. From what I understand I am to apply for a sponsorship from WITHIN Canada at the Mississauga center and IN PERSON. The problem with this is to leave my child here and apply for a visa there.
My husband meanwhile moved to the Middle east for a job and I was unable to join him because of family visa issues.
cont'd next post

 

[bkinblack]

My PR card will expire next march and I'm not sure what to do to save it now. However, there are times when I really needed to travel in the last two years since my mother was diagnosed with cancer and I've not been able to because I cant leave my daughter behind especially since my husband is also away. After the TRP was rejected I didnt know what to do and I let it go. Now I need to go to my mother as she is really unwell and I need a visit visa for my daughter. Will someone please advise me about what to do? I can provide documents etc to verify about my mother's illness and shes currently in the hospital. and I do intend to come back at the end of it, I just want to be with her for a month or so to help her recover. any suggestions? will it help me to talk to an immigration consultant or a lawyer?

 

[Leon]

If your parents are in Canada, they could talk to their member of parliament about your problems with the visa for your child. They may be able to pull some strings. Actually, you do not meet the residency requirements so should have lost your PR by now but you can try it based on that you would have been able to meet the requirements if they would have given you a visa for your child back in 2010.

This is a common problem for PR's who have children outside Canada. If you are refused a TRV (normal visit visa) for your child because it is not the intention for the child to stay temporarily, there is the other option to apply for a TRP which is a special visa based on humane and compassionate reasons. If you can not even get that, the last option would be to go alone to Canada and complete the sponsorship.

You should apply for a TRP for your child again based on H&C reasons that you are a PR but you need to be able to take your child with you to visit your sick mother because your husband is working in the middle east and can not take care of her. At the same time, your father should go talk to their member of parliament and ask them to pull some strings if he can so that you will get it.

 

[badicioiu]

I applied for a TRP in August 2011, and it was rejected.I was asked to sponsor the child and the usual thing about how the officer was not convinced that the baby would leave Canada when the TRP expired.

This situation shows clearly that even in the case of TRP the applicant must convince the officer it would leave Canada before the TRP expiration. So the difference between TRP and TRV is that in case of TRV there are some other (objective) reasons for rejection which could be waived under special circumstances in case of TRP.
To get a TRP/TRV for your child you have to prove that you would go back showing ties to India and strong reasons to go back. Focus on this if you apply again.
If you cannot show that it's not likely you will ever get a visa for the child.
Regarding the sponsorship I guess your parents could sponsor your daughter as well, but if you stay outside Canada you might loose the PR status and most probably they will not be able to sponsor you.