Approved PR got cancelled

[neil2010]

We are horribly shocked...after 2 yrs we got the PR and within a month we got job also there. We resigned from current job.

Actually on 29th Sep'2010, I got an email asking for our passport for stamping. That email has 4 links below to go throgh, which we missed. In one of that link, it was mentioned like donot submit your passport if u r expecting a child. My due date was 12th oct'2010. But as I was not aware about the fact, I submitted the passport.

After child birth, everyone told like US citizen doesn't need visa to enter in CAnada, so my baby also doesn't need anything.

I already got a job in Canada and resigned from current. And applied for addition of my newborn to my PR. But just 1 wk before going there, I got an email from them that my PR has got cancelled and I need to apply from scratch.

In my medical report, it was clearly mentioned that I am pregnant. and we intentionally didn't hide anything, it was just a mistake but now its braking our whole world....we are in pathetic situation now....

Anyone if know any way out...HELP!

[explorer101]

Write a detailed letter explaining the whole circumstances to Visa Office. Do write that it was a mistake not amounting to any sort of concealment.  Refer to medical report. Tell them the decision to cancel visa is too harsh and you as a layman can not be expected to know everything about the immigration process. Make them understand that it is simple matter of oversight and not any sort of  concealment.  Tell that you would face undue hardship as you have already resigned from present job. Request them to take the whole situation sympathetically and reconsider the decision of cancellation of visa.      

[rjessome]

You don't need to apply from scratch.  The baby needs to be medically examined now since he/she has been added to your application so they will assess you as a family of 3 for financial requirements.  New visa's will be issued if everything goes well with the medical.

[BlueRobin]

neil2010,
You missed several steps in your application process , due to which , you are in this unfortunate and avoidable situation.
 

• You did not include your child in the application immediately after birth.
  
• You sent your passports for stamping without even reading the condition that pregnant women should not submit their passports
• You quit your job before landing in Canada.

You have shown extreme carelessness in your immigration process. If you think about it by your logic, any US citizen crossing the border to Canada can become a Canadian Permanent Resident.

The truth is any US citizen can cross the border to Canada without visa, but they cannot become Canadian PR.

Please don't lose heart. Write a detailed explanation letter with the reasons for not submitting your child's passport for inclusion in the PR application.Send all the documents required for including the child and also send the related FEEs. The CIC should be able to include your child in the application and issue you fresh visas.And please, please for your children's sake , do basic research. There is no excuse for such stupidity.

[SoonToCanada]

Hi BlueRobin,

Eventhough you are concerned in replying, you could sound more gentle in your reply, as they are already in distress. Done is Done, let us not try to critisize, what they have already realized.  "There is a way for every Situation and Everything happens for Good", as we have a saying in India.

I agree with explorer101 and rjessome in their comments, which is the right way to do.

SoonToCanada.

neil2010,
You missed several steps in your application process , due to which , you are in this unfortunate and avoidable situation.
 

• You did not include your child in the application immediately after birth.
  
• You sent your passports for stamping without even reading the condition that pregnant women should not submit their passports
• You quit your job before landing in Canada.

You have shown extreme carelessness in your immigration process. If you think about it by your logic, any US citizen crossing the border to Canada can become a Canadian Permanent Resident.

The truth is any US citizen can cross the border to Canada without visa, but they cannot become Canadian PR.

Please don't lose heart. Write a detailed explanation letter with the reasons for not submitting your child's passport for inclusion in the PR application.Send all the documents required for including the child and also send the related FEEs. The CIC should be able to include your child in the application and issue you fresh visas.And please, please for your children's sake , do basic research. There is no excuse for such stupidity.

[Benjamin Sapkota]

 all my best wishes are with u neil.............. stay cool and pray to god................

[coolguy2010]

neil2010,
You missed several steps in your application process , due to which , you are in this unfortunate and avoidable situation.
 

• You did not include your child in the application immediately after birth.
  
• You sent your passports for stamping without even reading the condition that pregnant women should not submit their passports
• You quit your job before landing in Canada.

You have shown extreme carelessness in your immigration process. If you think about it by your logic, any US citizen crossing the border to Canada can become a Canadian Permanent Resident.

The truth is any US citizen can cross the border to Canada without visa, but they cannot become Canadian PR.

Please don't lose heart. Write a detailed explanation letter with the reasons for not submitting your child's passport for inclusion in the PR application.Send all the documents required for including the child and also send the related FEEs. The CIC should be able to include your child in the application and issue you fresh visas.And please, please for your children's sake , do basic research. There is no excuse for such stupidity.

Hi Bluerobin,

We are finally human being and mistakes happen sometime in life. Don't be so harsh with others.

Agreed with SoontoCanada.


Regards
Cool

[saki]

Write a detailed letter explaining the whole circumstances to Visa Office. Do write that it was a mistake not amounting to any sort of concealment.  Refer to medical report. Tell them the decision to cancel visa is too harsh and you as a layman can not be expected to know everything about the immigration process. Make them understand that it is simple matter of oversight and not any sort of  concealment.  Tell that you would face undue hardship as you have already resigned from present job. Request them to take the whole situation sympathetically and reconsider the decision of cancellation of visa.      

I second that and do not delay anything send the letter ASAP.

Cheers
SAki

[raanjhaa]

We are horribly shocked...after 2 yrs we got the PR and within a month we got job also there. We resigned from current job.

Actually on 29th Sep'2010, I got an email asking for our passport for stamping. That email has 4 links below to go throgh, which we missed. In one of that link, it was mentioned like donot submit your passport if u r expecting a child. My due date was 12th oct'2010. But as I was not aware about the fact, I submitted the passport.

After child birth, everyone told like US citizen doesn't need visa to enter in CAnada, so my baby also doesn't need anything.

I already got a job in Canada and resigned from current. And applied for addition of my newborn to my PR. But just 1 wk before going there, I got an email from them that my PR has got cancelled and I need to apply from scratch.

In my medical report, it was clearly mentioned that I am pregnant. and we intentionally didn't hide anything, it was just a mistake but now its braking our whole world....we are in pathetic situation now....

Anyone if know any way out...HELP!

dont worry

just get ur facts and fight for it,,,,,nd be patient,,,,,u will get it

[Leon]

Although I agree it is harsh to cancel your PR because of this, this is not a new rule.  It is very important that if any changes have happened in your family, new baby, new marriage etc. that you let immigration know and add the new family member to your application BEFORE you land.

When you landed as a PR signing your landing papers without having added this baby to your application, you are basically saying that this baby does not exist.  Immigration sees this as a misrepresentation.  If they would allow it, there would be a lot of people whose spouses or children might be refused on medical grounds who would simply "forget" the spouse or child on the application and apply to sponsor them later where they could no longer be refused for that reason.  This is why immigration does not allow you to sponsor spouses or children you forget to list on your application.  You can appeal this but I can't give you much hope.

[neil2010]

Although I agree it is harsh to cancel your PR because of this, this is not a new rule.  It is very important that if any changes have happened in your family, new baby, new marriage etc. that you let immigration know and add the new family member to your application BEFORE you land.

When you landed as a PR signing your landing papers without having added this baby to your application, you are basically saying that this baby does not exist.  Immigration sees this as a misrepresentation.  If they would allow it, there would be a lot of people whose spouses or children might be refused on medical grounds who would simply "forget" the spouse or child on the application and apply to sponsor them later where they could no longer be refused for that reason.  This is why immigration does not allow you to sponsor spouses or children you forget to list on your application.  You can appeal this but I can't give you much hope.

I agree what you said. I don't want to immigrate without examining the new child. But they are saying there is no provision of adding a child at this point. We are ready to surrender our visa stamped passport and send all the necessary doc for the new born, do the medical test etc- which is not a application from scratch. We are ready to do that, but we are not getting that option, instead they are saying to submit a new application from scratch.

Thank you all for all your suggestions and comments.

[Leon]

So you did not land yet?  I have not heard about people being refused to add a dependent before when they had not landed yet.  Normally they would withdraw your PR visa and wait until you have added the child to the application and then re-issue the visa for everybody.

I can understand they would be irritated though that they have already issued you a visa and in the meantime you are waiting 2 months before you tell them you had a baby but I am not sure this is standard procedure.  Like I said, I haven't heard about it before.  Message PMM about this.  He might know.

[neil2010]

We did not try to land yet. We just requested the cosulate to add the new born and send all the forms and fees. Thats when they replied and saying that we need to submit a new application from scratch.
We got the passport request on 29th Sep 2010, and my L1A visa was expiring on 14th Oct 2010. So I did little hurry as I did not want to take a chance of RFE of L1A extension and going back to India. Also I overlooked the links they sent regarding the family member notice as during the last stage of my wife pragnancy, I was so involved in house hold activities and caring other child. We never thought that addition of a child to an approved PR will be a problem. Yes if it is found that the new born is medically unfit and based on that PR is cancelled, is logical. But there is no provision of adding a new child as the file is closed is harse.

If anybody has any suggestion will be helpful

[kimwayne]

Although I agree it is harsh to cancel your PR because of this, this is not a new rule.  It is very important that if any changes have happened in your family, new baby, new marriage etc. that you let immigration know and add the new family member to your application BEFORE you land.

When you landed as a PR signing your landing papers without having added this baby to your application, you are basically saying that this baby does not exist.  Immigration sees this as a misrepresentation.  If they would allow it, there would be a lot of people whose spouses or children might be refused on medical grounds who would simply "forget" the spouse or child on the application and apply to sponsor them later where they could no longer be refused for that reason.  This is why immigration does not allow you to sponsor spouses or children you forget to list on your application.  You can appeal this but I can't give you much hope.

Thank you so much for this reply.This the answer that I am looking for.plus 1 for you.

[SISH7255]

Neil 2010,

Sorry to hear about your case. I think you have to hire a good lawyer and file a case. Senior members such as Qorax, Leon, PMM may help you to find a good lawyer, a lawyer which has more knowledge than, atleast these gems. In the rejection letter there may be a Canadian clause, the basis on which your PR visas are rejected. Read carefully this clause. An experienced lawyer can find some loopholes, or refer some past examples to fight your case.


Wish you all the best!