Entry of Children with Visitor Status

[Paul1234]

Hello,

I would highly appreciate your advice regarding the possible entry of our children to Canada.

We currently live in Germany. I have a Travel Document that allows me to return to Canada as a permanent resident. My wife is a permanent resident. Our two children (2 and 4 years old) are German citizen and have no status in Canada.

If all four of us travel to Canada with the intent to return to Canada permanently, will our two children be able to return/enter Canada as well?

I am getting mixed advice from CIC.
- On one hand, I am being told that in most cases the immigration office will allow the children to enter as well because they do not need a visa to enter as visitors (not required for German citizens), and so would enter as visitors and after entry, my wife or myself would sponsor them from within Canada. It is possible for a permanent resident to sponsor dependent children from within Canada.
- On the other hand, I am being told that there is the high risk that the immigration offer will not allow the children to enter as visitors, as there is not the bona-fide intent to enter as visitors but to stay in Canada permanently. I am told that my wife or myself have to enter and sponsor them from within and when they receive their permanent residency document, they can come to Canada.

Many thanks, Paul

[Leon]

If you were in the situation that the children needed a visa to enter Canada, you could still try to apply for a TRV or even a TRP for them in the hopes that they would be allowed to come with you.

When the children are visa exempt to Canada, everybody just takes them along.  I have never heard of a visa exempt child coming to Canada with a PR parent being refused entry.  If you have already started filling out the forms to sponsor them, you can show that to the immigration officers stating that you know you have to sponsor them and that you will.

[wilson]

Hi,

I am getting mixed advice from CIC.
- On one hand, I am being told that in most cases the immigration office will allow the children to enter as well because they do not need a visa to enter as visitors (not required for German citizens), and so would enter as visitors and after entry, my wife or myself would sponsor them from within Canada. It is possible for a permanent resident to sponsor dependent children from within Canada.

Yes, it is possible. According to current timeline it would take almost one year for  PR for your children after sponsorship application submitted. Your children may be (not sure) allowed to be in Canada in visitor status for more than 6 (six) months if you get an extended period for them. You can tell the officer that you are going to submit the sponsorship application immediately and  it depends up on the mercy of the officer.

On the other hand, I am being told that there is the high risk that the immigration offer will not allow the children to enter as visitors, as there is not the bona-fide intent to enter as visitors but to stay in Canada permanently.

Yes, it is correct too.


I am told that my wife or myself have to enter and sponsor them from within and when they receive their permanent residency document, they can come to Canada.
 

  Yes. This the the safest method I too suggest, if your situation permits!.

[Paul1234]

Hello,

Many thanks for the feedback.

I would highly appreciate your advice regarding the possible sponsorship of our children in Canada after they enter as visitors.

We currently live in Germany. I have a Travel Document that allows me to return to Canada as a permanent resident. My wife is a permanent resident. Our two children (2 and 4 years old) are German citizen and have no status in Canada.

What would the situation look like if all four of us enter Canada as visitors with initially the genuine intention to stay only for four weeks as visitors but with the main focus to see if it would be possible for me to find a good employment in Canada and if after getting the impression after several job interviews that it would be possible to find a good job in Canada we change our mind and decide to stay in Canada permanently?

In that case I would return to Germany to terminate my current employment and return to Canada a few weeks after that with a new Travel Document. My wife would stay in Canada with the Children. Would my wife be able to sponsor the children that initially entered as visitors? Are there any other concerns that I should look at in a situation like that?

Many thanks for your feedback.

Regards,

Paul

[Leon]

Your wife will not have a problem sponsoring the children for PR, even if they originally entered as visitors.

If you got a travel document meeting the residency requirements, your plan sounds fine but if you got it through some special circumstances, not meeting the residency requirements, I would be careful about leaving again.