sponsoring child of PR born outside Canada

[toby]

I am perplexed by an answer Leon (a very knowledgeable fellow) gave in a different post.

He said that if a permanent resident of Canada gave birth to a child in her native country, she would have to sponsor the child to Canada – as if it were a spouse or other family member. 

This could take a long time!!  And it makes no sense to me. Why would Canada insist on a long approval process, when – as long as the child is healthy, not posing an “excessive demand” on the health-care system – there is virtually no likelihood that the child would be refused a visa to Canada? Getting a heath examination takes a few weeks, not months or years.

Furthermore, Leon said that if the mother wanted to sponsor the child while living in Canada, the child would probably be denied a TRV (for the reason that obviously the child would be staying with the mother in Canada, and not returning to its native country).  Again, if Canada is intent on reuniting families, why not have some sort of fast-track approval process for natural children born outside Canada?

[canadianwoman]

I agree it seems ridiculous. The child will eventually be allowed in, so why not right away, since it is better for the infant and, really, for Canada, if it is allowed to stay with its mother in Canada.
I think in this situation the parents will usually be able to get a TRP, allowing the child into Canada while they wait for the PR application to be accepted.

[sunjohn]

I went through the same situation.But my kid was given a TRP for 6 months.Now we are back in Canada with the newborn.But they are now telling us to go back and apply from our home country or apply through Buffalo,which only becomes eligible after 1 year stay in Canada.What I dont understand is that the TRP is valid for 6 months only so how can we wait for 1 year?and then with this TRP if we exit Canada to Buffalo are we permitted to come back to Canada?
Anybody experienced please help

[PMM]

Hi

I agree it seems ridiculous. The child will eventually be allowed in, so why not right away, since it is better for the infant and, really, for Canada, if it is allowed to stay with its mother in Canada.
I think in this situation the parents will usually be able to get a TRP, allowing the child into Canada while they wait for the PR application to be accepted.

Because CIC want to see that the Permanent resident is residing in Canada.

[missha]

I went through the same situation.But my kid was given a TRP for 6 months.Now we are back in Canada with the newborn.But they are now telling us to go back and apply from our home country or apply through Buffalo,which only becomes eligible after 1 year stay in Canada.What I dont understand is that the TRP is valid for 6 months only so how can we wait for 1 year?and then with this TRP if we exit Canada to Buffalo are we permitted to come back to Canada?
Anybody experienced please help

You should apply PR based on humanitarian grounds. I am not sure about it but I read somewhere here on this form. Or try to extend TRP, I have seen people getting extensions here. Dont go back! Learn the laws.

[Leon]

I went through the same situation.But my kid was given a TRP for 6 months.Now we are back in Canada with the newborn.But they are now telling us to go back and apply from our home country or apply through Buffalo,which only becomes eligible after 1 year stay in Canada.What I dont understand is that the TRP is valid for 6 months only so how can we wait for 1 year?and then with this TRP if we exit Canada to Buffalo are we permitted to come back to Canada?
Anybody experienced please help

You must have misunderstood something.  You should absolutely NOT leave Canada.  As a PR, you must be IN Canada to sponsor your child for PR.

The application however is an outland application.  That means that you would mail it to Mississauga and after that it gets sent to the visa office responsible for the childs country of nationality.

That is, you do not have to go anywhere.  Only the application forms are travelling.

[sunjohn]

Thanx PMM,missha and Leon.
Leon,CIC through telephone told us that the child if in anycase cannot wait for 1year (as the TRP is 6 months only) can also go to New Delhi and apply,while father should remain and sponsor from Canada.
Else the law is that the child should stay atleast 1 year in Canada to apply through Buffalo...which we are confused abt the re-entry to Canada and 6 months TRP 

[steaky]

Thanx PMM,missha and Leon.
Leon,CIC through telephone told us that the child if in anycase cannot wait for 1year (as the TRP is 6 months only) can also go to New Delhi and apply,while father should remain and sponsor from Canada.
Else the law is that the child should stay atleast 1 year in Canada to apply through Buffalo...which we are confused abt the re-entry to Canada and 6 months TRP 

So the child must go back to New Delhi upon expiry of the 6 months TRP? Does that mean either your wife or yourself will escort her back to India?

[Leon]

Either you misunderstood or CIC gave you the wrong information.  The criteria to apply through Buffalo is not that your child has been staying in Canada for one year.  It is that your child has been admitted to Canada with at least a one year visa which it hasn't.

I do not know why you would want to apply through Buffalo anyway.  New Delhi has even faster processing than Buffalo so what are you waiting for?   You should apply for the child now, outland through New Delhi.  That does not mean any of you have to go there.  You just list the visa office for processing as New Delhi but send the application to Mississauga.

When the TRP is about to expire, if the PR of the child is not yet through, you apply to extend the TRP based on the application already being in process.

[missmini]

i'm not perplexed and i agree with PMM; if u r a PR why oh why would u give birth to the child outside Canada when having the child in Canada will make the child citizen from birth;

if u got ur immigration visa and r pregnant, then advise CIC of the change, have ur child in ur home country and they will prepare the papers for the child too and it would take just a few months more; then u could all land together; Canada always asks to update them of changes in ur family, it's very important, but many people don't, they r afraid of declaring any change

for sure some people could fall between these two categories, it happens, and feel sorry for them....but they r not the majority....

[missha]

You have to apply for Inland PR based on Humanitarian and compassion grounds  and send to the office in Alberta that child cant live without parents while her TRP is in process. Search out this form, people like you had gone thru same situations.

On the other hand, you have to file for her extension using visitor extension form and ticket the section "E" and name your reason why you would like to extend her stay which would be her PR application in process and baby cant stay without parents.