Family sponsorship visa

[Raga]

Friends,
I became a permanent resident in November 2006, but have live in Canada only for 2 months as I worked for a Candian travel company in Europe since then. As the final days of living out of Canada with out losing my PR status, I and my wife have decided to move from Italy and settle in Canada. Now my wife does not have a PR status and just when I was planning to move to Canada and sponsor her, we  find ourselves in the family way and are expecting our baby. I do not have the heart to leave my wife all by herself in Italy to fend for herself during her pregnancy. Especially considering the fact that I might lose my PR if I was to exit Canada one more time
My questions are as follows:
My wife has managed to get a tourist visa to canada. Would be a good idea for me to sponsor her when she is in canada. How long will it take for her to get a PR status. I am also concerned about health care as she is expecting our child.
Is there any way I can sponsor her while being outside Canada ? Would the fact that I am working for a Canadian company be considered in my favor
Basically I & my wife do not want to be seperated at the this critical juncture in our lives.Let me know if I am on a wild goose chase or is there is some way we can make our Canadian dream happen.
Thanking you all in anticipation

[rjessome]

1.  The length of time depends on your wife's nationality and what embassy would be processing the application.  Doesn't sound like she is Italian as you said she has a tourist visa and Italy is visa exempt.  However, if she has been legally admitted to Italy for year (not living there for a year but allowed into the country for at least a year) she could have the application processed at the embassy in Rome but they may not be as fast as the embassy in her home country.  Check out processing times in this link.

http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp

If you do decide to travel to Canada, yes, you can sponsor her from here BUT buy a comprehensive health care insurance package as her health care would not be covered by the Canadian system.

2.  No, as a PR you cannot sponsor your wife while living outside of Canada.  The only thing that is potentially in your favour about working for a Canadian company is that it may count towards maintaining your PR because you are working for a Canadian company.  Research the meaning of "Canadian Company" pertaining to immigration law.  This is taken from the Immigration and Refugee Regulations:


Division 2

Residency Obligation

Canadian business

61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

(i) that is capable of generating revenue and is carried on in anticipation of profit, and

(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

(c) an organization or enterprise created by the laws of Canada or a province.

Exclusion

(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

Employment outside Canada

(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression "employed on a full-time basis by a Canadian business or in the public service of Canada or of a province" means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to
(a) a position outside Canada;

(b) an affiliated enterprise outside Canada; or

(c) a client of the Canadian business or the public service outside Canada.

 

[Leon]

Get her to join you on a tourist visa and apply for her sponsorship.  You have the choice of inland or outland.

If you apply inland, your application goes to Vegreville and you can expect first stage approval in 6-7 months if all goes well and that should get her health care and work permit.  Your baby being born in Canada would automatically have citizenship.

If you apply outland, the application goes to Mississauga and takes a bit over a month to approve you as her sponsor and after that, it will go to her country of nationality and depends on the country how long it takes.  You are probably cutting it pretty close to get the delivery of the baby covered under healthcare.

Your PR should be protected if you are working for a Canadian employer.  If it is, then you can stay in Italy until the baby is born and then go to Canada and sponsor both.

[Raga]

Dear Rjessome & Leone,
Thanks a billion for your valuble advice. Hope I can take the liberty of asking a couple of Q's:
1) Considering the fact that I landed on 29th Nov 2006 & the expiry date on my PR card say 2013, is there any figment of a chance that I will be allowed to fly back into Canada in May 2010 & sponsor my family once I am there.What are the chances that my PR card be take away from me or will I not be allowed into the country.
2) Otherwise would you recommend that my pregnant wife come into canada as a tourist along with me before the 29th of Nov 2009. The new born child is born in Canada. Simultaneously I apply for outland processing of my sponsorship. Once the notification of interview come she flys back to her parent country, gets her visa & returns back to Canada as a legal resident.

3) How expensive is medical care for a pregnant woman. Will the fact of me being a resident help.

4) From the forum I hear that inland processing of sponsorship cases takes a long time. Is it true ?

5) Incidentaly I own a Canadian travel company. I facilitate travel of north americans in Europe. We repored a profit of cad$ 70,000 last year & if all goes well will report $ 110,000 profit this year. Will this work in my favour in retaining my PR staut or will it be seen as a case of a company registered to maintina the Pr status.
I eagerly look forward to your response. Thanking you immensely for your assistance.

[Leon]

1) If your PR card is still valid, a lot of people have actually got in without any questions even though they did not meet the residency requirements.  If they think you don't meet them, they can tell you to prove that you meet them in which case you'd have 30 days to make your case.

2) She might not be called for an interview.  I guess it might be touchy if they call her for interview while she is too pregnant to fly.

3) If she's in Canada as a tourist unless you find some insurance that covers delivery which is unlikely since she's already pregnant, she will not be covered by health care.  You being a PR probably wouldn't help with that.  Your bill could be between $5,000 and 10,000 for the delivery.  You should contact the health care of the province you are planning to live in and ask them about coverage and ask them what your bill would be.  Of course if you are unlucky and there are any complications, your bill could sky-rocket.

4) Inland processing can take for first stage approval 6 months if all goes well and there are people who get PR in as little as 9-10 months but there are also cases that go bad and people may be waiting for years.

5) When you say we, does your company have any employees?  They might see it as a company started to keep your PR.  Is there any reason why your company needs to be in Canada?  I am not sure how they'd see it.

[christopherwayne]

hi everyone...

im just hoping i can find help here. my case is a mess. i applied for restoration for my work permit and it took them 4mos to decide on what to do with mine. they refused my application coz i dont have a valid lmo. i received the refusal letter on the 25 of aug (the letter is dated aug 17). it states there that i need to leave the country immediately.
    my employer hired an agent to do my paper work but unfortunately she got other jobs than working on immigration papers.
    i and my 7mos bf did what we thought would help me not to be sent home. we got a marriage license and exchanged vows just last fri.
    the immigration call centre agent told me i only have 1mo to stay since i got the letter.
    my husband wants to sponsor me. the question is do i still need to go home? i"ve read that it took 6-8mos for it to get approved if it goes well. (huh!thats a long wait!) or is it better just to go home now and just wait for my work permit and lmo to be released? dont that take long too?

[Leon]

You could apply to change your status to visitor.  They might say no but the processing time right now is something like 3 months so it would buy you a little time.  You have implied status until they say no.

You can either apply for sponsorship inland or you can apply outland.  If you apply inland and apply for visit status at the same time as well as an open work permit to be issued at your first stage approval, if all goes well, you would get your open work permit in 6 months and they will not kick you out while you are being processed but you also can not leave Canada or you risk not getting back in.  Getting PR through inland usually takes about a year.  The problem is, if they have any questions about your application and want an interview, they will not give you the first stage approval in 6 months, instead they will send your file to the local office to have your interview.  Depending on the caseload of the local office, you could be waiting 1-3 years for this interview without a work permit and without being able to leave.  I don't know the likelyhood of being called for interview but I see one thing with your case that might cause a red flag with them and that is you are getting married right at the same time your work permit is being refused so they might see it as you getting married to avoid having to leave.

If you apply for outland sponsorship and they deny changing your status to visitor, you might have to go home but the application will still go on and you can return once you are approved.  The timeline depends on your country of nationality, you can see it here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship (currently 38 days to approve sponsor) and here: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp (average 6 months but varies a lot by which country you are from).

As for getting your LMO and temporary work permit back, I have heard an LMO can be around 6 weeks.  If you are visa exempt, you can go to the border with your LMO and get your work permit there.  If not, you will have to wait for it.  At http://www.cic.gc.ca/english/information/times/canada/process-in.asp#temp_res it says: same employer 76 days.

At least your first step is sending in the form to change your status to visitor, see http://www.cic.gc.ca/english/information/applications/visitor.asp

[christopherwayne]

hi leon...

  i just talk to a call centre agent and she said theres no other option if you received a refusal letter fr the immigration but to leave. gosh! its breakin my heART. dont wanna leave my husband...

[Leon]

You should call them again.  The CIC info-line is not always reliable.  Depends on who you get and what they know.  You could also ask an immigration lawyer.

[Raga]

Hi Leon,
Thank for your prompt responses & helping us in zeroing down on the options that we have:
I am pleasantly surprised to know that I will be allowed to touch down in Canada even though I have spent only 50 day out of the 3 & half years since becoming a resident.

1 )Is it a gurantee that I will not be refused entry into Canada.
2) Is it certain that I will be allowed to sponsor my family inspite of the fact that I will be able to accompalish only 500 days of stay in the 5 years as a resident.

3) If summoned to prove within 30 days- am I to prove that I will permanently reside in Canada from that point onwards.
4)  in the sponsorship form I saw a condition which says " if you are not in Canada while sponsoring,  give us reasons that you have intentions of returning back. Do you think it would work if I sincerely quote my wife's pregnancy as the reason for not being in Canada.
Kind Regards & Thanks

[Leon]

1) Unless you show up with a bomb or something, you will not be refused entry but if they realize you have been out of Canada that long, they may give you the 30 days to prove your status, either that you have been living in Canada more than you have or that you have been working for a Canadian employer if they accept that it's your own company.

2) If they ask you to prove your status, you can not sponsor your family while your own PR status is questionable.  First you'd have to set your own status straight, then you can sponsor.

3) You would have to prove that you meet the residency requirements today, that is that you have not lost your PR status already.  You do not have to prove anything about the future but of course you can lose your PR again in the future.

4) As a PR, you have to be residing in Canada to sponsor.  Only a citizen can sponsor from outside Canada.

[Raga]

Hi Leon & other friends,
Over the week end I spoke to a distant family friend who is a PR in canada. He told me that he applied for sponsoring his family while in Canada and after 2 weeks went back to his parent country to live with his family.
The application was processed in 4 months and now the whole family is living together in Waterloo. I expressed my disbelief  that the sponsorship could be considered when he was not even in the country. He seemed confident that CIC only has the record of the date when you enter the country and have no record of when you exit Canada.
Is it true.
Thanking You.

[Leon]

You can also find people who lost their PR status by not living in Canada and managed to get back and managed to renew their PR card by lying or even get citizenship by lying.  It's a gamble.  You don't know what immigration know and they will not tell you unless they catch you.  I have heard CIC is sharing info with the US so if you fly through the US, they could find out.  I have no idea if they are sharing info with other countries too.  Basically it's your risk to take.