Can I get PR??????????

[princeofindia]

My plan:

A)Have second child in 2013.
b)Land in March 2015
c)PR expires in March 2020
d)Wife and second child stays in Canada from March 2015 to March 2018.
e)Myself and first child stay in Abu Dhabi from March 2015 to March 2018
f)Wife files for citizenship for herself, 1st child and second child in March 2018. At the time my wife files for citizenship for herself she can include children under age of 18 even if they do not meet 3 year stay in the country.So my first child also gets citizenship even if he did not reside for 3 years in canada.
g)Having received citizenship by 2019 (assuming it takes 1 year for verifying and granting citizenship for CIC) my wife and second child join me and my first child in Abu Dhabi.
h)She does not need to file for pr card renewal as she becomes a citizen in the first four years of pr card as she stays in canada for 3 years continously.

Is this plan foolproof?

Only hitch- i need to convince my wife to have a second child and stay away from her first child.

e)

princeofindia,

According to your plan on what dates (Month/Year) will:

1. Your spouse apply for PR Card renewal?
2. Apply for Citizenship?

Sir

I have one interesting question for you. My research says by Canadian law this is possible. Can you please confirm.

My PR application is being processed along with my wife and one child. It takes 2 years to process from Abu dhabi. Assume in 1 year from now I have a second child.
1. If I update them the birth of my second child will they process PR for my second child along with ours so that we can all land together in 2 years from now.
2. Suppose number 1 is accomplished and my wife and second child stay back for 3 years in the first 5 year cycle. During this time my first child and myself stay back in Abu dhabi.
3. Having accomplished 1095 days in Canada my wife files for citizenship application for herself and my second child since both stayed for 1095 days in Canada.
4. Canadian law states for child under 18 to apply for citizenship:

-the person applying is the child's parent, adoptive parent or legal guardian
-the child is a permanent resident, but does not need to have resided in Canada for three years; and
one parent is already a Canadian citizen or is applying to become a citizen at the same time.

So EVEN IF MY FIRST CHILD STAYS WITH ME IN ABU DHABI HE IS ELIGIBLE FOR CITIZENSHIP WHEN MY WIFE FILES FOR HERSELF AND MY SECOND CHILD.

5. I know this separates me from second child and my wife from first child but this ensures one child stays with one of the parents and the emotional turmoil is at least less. Then the mother and second child come back to Abu dhabi in 3 years with citizenship.

6. Finally both children both Canadian citizens go back to Canada for graduation without losing a school year which they would if they had studied in Canada.

Sir this might seem like a movie script but do you see this being legally possible.

Regards
Princeofindia

 

[scylla]

f)Wife files for citizenship for herself, 1st child and second child in March 2018. At the time my wife files for citizenship for herself she can include children under age of 18 even if they do not meet 3 year stay in the country.So my first child also gets citizenship even if he did not reside for 3 years in canada.

This part of your plan is definitely incorrect and won't work. Your first child will not get citizenship. To get citizenship, your first child must be living in Canada when the application is processed. Only your second child and your wife will get citizenship.

 

[scylla]

g)Having received citizenship by 2019 (assuming it takes 1 year for verifying and granting citizenship for CIC) my wife and second child join me and my first child in Abu Dhabi.

This part of your plan is also incorrect. It's currently taking closer to two years (21 months) to obtain citizenship after applying. This assume there are no issues with the application. If there are issues with the application, it will be 3-4 years.

 

[princeofindia]

This part of your plan is also incorrect. It's currently taking closer to two years (21 months) to obtain citizenship after applying. This assume there are no issues with the application. If there are issues with the application, it will be 3-4 years.

Hi

Thanks for ur reply. Can you please tell me ur opinion on the following.

1. My wife and child stay in Abu dhabi. If my wife and child stay for 730 days in Canada in 5 years by utilizing my child's school holidays and then apply to renew PR card after 5 years can canada government deny them renewal of PR card even if they stayed for 730 days in Canada just because their primary residence is Abu dhabi.
2.how much time it takes to renew PR card if RQ is given.
3.Also once they submit for renewal do they both have to stay in Canada till they get PR card renewed.if they leave the country just after year 5 after filing to renew the PR card can someone pickup for them the renewed PR card. They don't intend to come to canada for year6,7,8. So even if cic takes 3 years to issue them a renewed PR card the delay does not matter. But my main concern is cic should not deny them even if they stayed for 730 days in Canada.

Looking forward to your advise.my main problem is I can't leave my job in Abu dhabi and neither can I survive without my wife and child away from me. So spending 730 days in canada by using the child's school holidays in Abu dhabi is a sensible idea for me even if it is expensive.

Regards
Princeofindia

 

[Leon]

1. My wife and child stay in Abu dhabi. If my wife and child stay for 730 days in Canada in 5 years by utilizing my child's school holidays and then apply to renew PR card after 5 years can canada government deny them renewal of PR card even if they stayed for 730 days in Canada just because their primary residence is Abu dhabi.

If they have proof of their arriving in Canada such as boarding cards and flight tickets from their flights and some proof of staying in Canada, paying for housing, bank records etc., they should be able to get their PR cards no matter where their primary residence is. However, if they are very close to the 730 days or they don't have much proof of their staying in Canada, it is more likely to get an RQ. Before they apply to renew, they should order their travel history from CBSA and send that with their application along with copies of all the pages of their passport and a list of all their trips referenced to the copies. They also need to mark their stays in Canada by doing something where they can get a letter from someone that they attended something. Your wife could attend some courses or classes or whatever she feels like. Your child could play sports or take part in art classes or music. After each stay, they should get a letter from the someone stating that they attended this x many times per week from date 1 to date 2. These letters will also help their proof of staying in Canada.

2.how much time it takes to renew PR card if RQ is given.

If they get RQ, it could possibly take up to a year or two to get their renewal.

3.Also once they submit for renewal do they both have to stay in Canada till they get PR card renewed.if they leave the country just after year 5 after filing to renew the PR card can someone pickup for them the renewed PR card. They don't intend to come to canada for year6,7,8. So even if cic takes 3 years to issue them a renewed PR card the delay does not matter. But my main concern is cic should not deny them even if they stayed for 730 days in Canada.

They can leave but if their PR cards are expired, they will need travel documents to return to Canada unless they are visa exempt. New PR cards are always mailed out but renewals are sometimes mailed out and sometimes have to be picked up. If they are picked out to pick their cards up, they will have to arrive in person to collect them.

What I have put in bold will not work and I will tell you why. They must meet the residency requirements for each rolling 5 year period. If they plan to meet their 730 days by staying around 146 days per year, in year 6, the days they stayed in year 1 will move outside the 5 year window and in year 7, the days they stayed in year 2 will move outside the 5 year window etc. The days that move outside the 5 year window will have to be replaced by new days stayed in Canada. If they managed to get their PR cards renewed, it is a question of getting away with returning to Canada without having stayed in Canada that much but they would risk losing their PR and if they left without having been able to renew their PR cards and were in the position of having to apply for a travel document to return later in order to pick up their renewed cards, the travel document will not ask for how long they stayed in Canada in their first 5 years as a PR but rather how long they stayed in the past 5 years. If they can not meet 730 days for the travel document without any H&C grounds to back it up, they would lose their PR.

 

[princeofindia]

Thanks Leon.

I will be grateful if you can answer my query below

1.If my second child is born in Canada will the baby be given automatic citizenship and passport on birth?
2. I believe that Ontario waiting period for starting health insurance card is 3 months. So if my wife lands in 4th month of pregnancy and delivery is in 9th month I presume it will be covered under health card as delivery is after 5 months.
3. Do you think a woman can survive 22 hours in a flight in her 4th month of pregnancy or there could be threat to baby or child.
4. Some provinces start coverage immediately after landing. Can we stay in those provinces or have to compulsory stay in toronto.
5.My PR card is going to take a year to process.I have an opportunity to apply for open work permit which is faster and takes only 5 months from Abu dhabi.but will I have access to health card just like PR card under open work permit category after 3 months of landing.
6. Will having second child as being born Canadian citizen help my first child with Indian passport to be sponsored later when he grows up.

Thanks a lot as for you help and valuable advise.

If they have proof of their arriving in Canada such as boarding cards and flight tickets from their flights and some proof of staying in Canada, paying for housing, bank records etc., they should be able to get their PR cards no matter where their primary residence is. However, if they are very close to the 730 days or they don't have much proof of their staying in Canada, it is more likely to get an RQ. Before they apply to renew, they should order their travel history from CBSA and send that with their application along with copies of all the pages of their passport and a list of all their trips referenced to the copies. They also need to mark their stays in Canada by doing something where they can get a letter from someone that they attended something. Your wife could attend some courses or classes or whatever she feels like. Your child could play sports or take part in art classes or music. After each stay, they should get a letter from the someone stating that they attended this x many times per week from date 1 to date 2. These letters will also help their proof of staying in Canada.

If they get RQ, it could possibly take up to a year or two to get their renewal.

They can leave but if their PR cards are expired, they will need travel documents to return to Canada unless they are visa exempt. New PR cards are always mailed out but renewals are sometimes mailed out and sometimes have to be picked up. If they are picked out to pick their cards up, they will have to arrive in person to collect them.

What I have put in bold will not work and I will tell you why. They must meet the residency requirements for each rolling 5 year period. If they plan to meet their 730 days by staying around 146 days per year, in year 6, the days they stayed in year 1 will move outside the 5 year window and in year 7, the days they stayed in year 2 will move outside the 5 year window etc. The days that move outside the 5 year window will have to be replaced by new days stayed in Canada. If they managed to get their PR cards renewed, it is a question of getting away with returning to Canada without having stayed in Canada that much but they would risk losing their PR and if they left without having been able to renew their PR cards and were in the position of having to apply for a travel document to return later in order to pick up their renewed cards, the travel document will not ask for how long they stayed in Canada in their first 5 years as a PR but rather how long they stayed in the past 5 years. If they can not meet 730 days for the travel document without any H&C grounds to back it up, they would lose their PR.

 

[amikety]

Thanks Leon.

I will be grateful if you can answer my query below

1.If my second child is born in Canada will the baby be given automatic citizenship and passport on birth?
2. I believe that Ontario waiting period for starting health insurance card is 3 months. So if my wife lands in 4th month of pregnancy and delivery is in 9th month I presume it will be covered under health card as delivery is after 5 months.
3. Do you think a woman can survive 22 hours in a flight in her 4th month of pregnancy or there could be threat to baby or child.
4. Some provinces start coverage immediately after landing. Can we stay in those provinces or have to compulsory stay in toronto.
5.My PR card is going to take a year to process.I have an opportunity to apply for open work permit which is faster and takes only 5 months from Abu dhabi.but will I have access to health card just like PR card under open work permit category after 3 months of landing.
6. Will having second child as being born Canadian citizen help my first child with Indian passport to be sponsored later when he grows up.

Thanks a lot as for you help and valuable advise.

Your plan sounds like you want to become "Canadians of Convience."

Please note the Immigration Minister has noticed this and spoken out against it. There are no plans at this time to address it, but there could be in the future.

 

[Leon]

1.If my second child is born in Canada will the baby be given automatic citizenship and passport on birth?

Citizenship is automatic, passport you have to apply for. Any child born in Canada gets automatic citizenship except when the parents are foreign diplomats.

2. I believe that Ontario waiting period for starting health insurance card is 3 months. So if my wife lands in 4th month of pregnancy and delivery is in 9th month I presume it will be covered under health card as delivery is after 5 months.

Yes but if she gives birth prematurely in the 7th month, it would not be covered.

3. Do you think a woman can survive 22 hours in a flight in her 4th month of pregnancy or there could be threat to baby or child.

I have no idea. I suggest you ask a doctor about that.

4. Some provinces start coverage immediately after landing. Can we stay in those provinces or have to compulsory stay in toronto.

Are you applying under FSW? If you are applying under FSW, you can land in any province except Quebec. If you named Toronto as your chosen city but decide to go to some other city instead, immigration will really not care.

5.My PR card is going to take a year to process.I have an opportunity to apply for open work permit which is faster and takes only 5 months from Abu dhabi.but will I have access to health card just like PR card under open work permit category after 3 months of landing.

What kind of open work permit can you get? Open work permits are generally only granted under special circumstances. Temporary foreign workers are generally covered under health care in Canada but the exact rules depend on the province. In some cases there are problems with open work permits because the province wants the person to have a work permit naming an employer in their province so they can be sure that they live there.

6. Will having second child as being born Canadian citizen help my first child with Indian passport to be sponsored later when he grows up.

Not really. Regardless of the child with Canadian citizenship, you can all lose your PR's if you do not meet the residency requirements. The child with Canadian citizenship may be able to sponsor you when he or she is grown, that is if they choose to live in Canada, meet the income requirements to sponsor their parents and that there is a class to sponsor parents at that time. As for this child to be able to sponsor a sibling, there is currently one way to sponsor an adult sibling and that is through provincial nominee programs in Manitoba and Saskatchewan and who knows if they will still have family class 20 years from now.

 

[naser20004]

interesting how not loosing 1 school year is more important than anything else anyway my advice to you, do some good research about job market and opportunities in Canada before you apply, if you think it works or you have good chances, then apply and once approved take a long holiday (2-3 month), come to Canada on your own, try to find a job, if that works then move the whole family to Canada for good, if that does not work, then go back to your job, your loss is minimal, if you decide to move to Canada only for the sake of citizenship for you or your children and maintaining your job in AD, sorry to tell it won't work or it is not worth it as it is extremely difficult to live a way from wife and children for 3 years is really too much and any other way around that won't really work.