ADVICE REQUIRED FROM SENIORS ESP.-Single mother to immigrate without child

[nvr]

Hi

I have applied for immigration under FSW, and have a five year old son. Unfortunately I have not been able to get the required court permission to remove him to Canada, due to court delays.

THe visa office wants to close my file and have given me an option to immigrate without my son and sponsor him later when he gets the court permission as he has been medically examined and fulfils all other requirements. I am thinling of leaving him with my parents and take the PR beacuse as per new NOC list my profession is not there.

My queries are:
1. Can I land in Canada and then return to India after a week, as my son is totally dependent on me. Is it feasible? What are the requirements?
2. How long does it take to sponsor a minor son from Canada?
3. I have read the Family Class guide, but it says that I can sponsor a family member only after 12 months of stay in Canada. Thats a very long time to be separated from my son.What is the earliest time I can apply for his sponsorhip after landing in Canada?
4.  Can the embassy give a tourist visa to him, after his court permission so that he may stay with me till he gets sponsored.
5. Any other advice on how I should proceed.

Thanks

[qorax]

Hi

I have applied for immigration under FSW, and have a five year old son. Unfortunately I have not been able to get the required court permission to remove him to Canada, due to court delays.

THe visa office wants to close my file and have given me an option to immigrate without my son and sponsor him later when he gets the court permission as he has been medically examined and fulfils all other requirements. I am thinling of leaving him with my parents and take the PR beacuse as per new NOC list my profession is not there.

My queries are:
1. Can I land in Canada and then return to India after a week, as my son is totally dependent on me. Is it feasible? What are the requirements?
2. How long does it take to sponsor a minor son from Canada?
3. I have read the Family Class guide, but it says that I can sponsor a family member only after 12 months of stay in Canada. Thats a very long time to be separated from my son.What is the earliest time I can apply for his sponsorhip after landing in Canada?
4.  Can the embassy give a tourist visa to him, after his court permission so that he may stay with me till he gets sponsored.
5. Any other advice on how I should proceed.

Thanks

Dear Ma'am,

It'd definitely be painful for u to leave your son behind, however CIC has advised u correctly. And your opinion to move w/out him, for now, makes perfect sense. At this juncture there's no benefit in delaying your record of landing. Canada would surely be better than your current place of residence. And rest assured, u'd be able to fetch your son here when u have his legal custody. Here's the 5 answers:

1. Yes, it's very much feasible. There's no requirement to be met other than returning in [short of] 3yrs. max. but, it'd be advisable for u to stay here for at least 2+ months, until u receive your PR cards. Then your returning gets a lot easier. 'coz getting a PRTD would be another additional headache for u.

2. Usually under the FC cat, it takes 8-12 months. But, u can ask for expediting the same under humanitarian grounds. I've heard of cases getting their family members in 6 months too.

3. As above, u can use the humanitarian clause to apply imdtly, as soon as u have the custodial papers - whether by a court decree or thru a waiver obtained from your Ex. But, do not try to fetch that waiver now (before u land), 'coz who knows - your Ex might put a spoke into your move plan. Landing asap is of utmost importance for u.

4. Yes, u can apply for his TRV - visitor's visa.

5. As above.

All the very best Ma'am!

Qorax 

[nvr]

Thanks Qorax,

I was really hoping to hear from you..

I know logically it is how it should be, just emotionally its a tough call. I already have his legal custody but need to get the consent to move out..And u are right his father has already put a spoke and thats why the court is involved now..

I have my relatives residing there, and I was raeding ur comments on another forum, taaht we can give their address for the PR card and get a travel document. Ontario has a 3 month wait for PR card, thats why the dilemma increases..

Cant my relatives courier the PR card to India on receiving it..?

rgds

[qorax]

Ma'am,

U heard it wrong. There's no wait period in Ontario for the PRCs. It's just the processing time, 4-6 weeks. Yes, u can get your relatives to receive it & forward it to u. But, the problem is, if there's any issue while processing the PRC - Service Canada will require your [physical] presence in one of their offices. That'd be a killer, don't u think?

Qorax 

[nvr]

Thanks for the clarification, that means it is advisable to be there till I get the PRC...
Very helpful info for taking the decision..

Rgds

Ma'am,

U heard it wrong. There's no wait period in Ontario for the PRCs. It's just the processing time, 4-6 weeks. Yes, u can get your relatives to receive it & forward it to u. But, the problem is, if there's any issue while processing the PRC - Service Canada will require your [physical] presence in one of their offices. That'd be a killer, don't u think?

Qorax 

[barsindoo]

The waiting time will fly without you noticing if you occupy yourself with meaningful activities like, studying for the written driver's test, taking some short courses in areas of interest etc.

Qorax's advice is spot on. Please avail yourself this golden opportunity.

[nvr]

U r right Barsindoo, nothing keeps you occupied like work.!
Just that mother in me will keep me anxious during the time..Still thats what I have to do!
Thanks for the advice.

Regards

The waiting time will fly without you noticing if you occupy yourself with meaningful activities like, studying for the written driver's test, taking some short courses in areas of interest etc.

Qorax's advice is spot on. Please avail yourself this golden opportunity.