New born baby after getting COPR and VISA

[nickprado]

Sorry for the confusion here I am not clearly laying out what had happened.
We applied in March 2021 through this lawyer while mentioning pregnancy in the application. We got AOR/MED/SA in May 2021 and we had raised webform to delay medical due to pregnancy till Jul 2021. Once child was born in July 2021 we send payment for child, BC, passport and photo to include on the existing application while completing my wifes medical at the same time. In Aug 2021 we got Pre-arrival and passport request. I repeatedly asked our lawyer whether it makes sense to send my wifes passport since we dont see our son as a dependent on file yet. I asked in writing to my lawyer if the application maybe closed if we send my wifes passport at the time. They assured it will not and IRCC will ask for my babys passport in due course. So we send passport as per lawyer advise and my wife got her PRV and COPR in September 2021.
I waited a whole month and in start of October 2021 called IRCC who said file was closed without adding on the child. I had to argue this to my lawyer who said call centre agents maybe wrong but I had to call few times and then they raised webform later in October 2021 to IRCC to reopen the application. At this point I was already thinking of the mistake they made and told them about it on our meeting over phone. They brushed it and said let us give them these webforms and wait for them to reopen the file. I personally saw no movement on file so I called IRCC raised webforn with IMM008DEP form as I learned that from the forum. Then in Dec 2021 they reopened the file asking for IMM008DEP and 5669 and Sponsor form this time with DEP on the file listed on it. This we send in Dec 2021, they requested child medical end of Dec 2021 which we completed in Jan 5 2022 and it was passed in Jan 9 2022. I got DM on Sponsor side which was SA2 on Jan 18 2022. Since then radio silence, all the while we waited and when we reached one year mark on file end of March 2022 (before IRCC revised timelines) we raised our concern that it is taking longer than usual and that can we get access to to new PR portal and think about TRV (as I havent seen my baby yet) if it takes another month, i.e. end of April but this time I wrote that we as a family are paying for the mistake of sending passport per lawyers advise despite my concern and IRCC ignoring delaying medical due to pregnancy etc and to that we got that email from lawyer along with them saying they wont help us with PR portal access either. All along we were in touch with MP since Nov 2021 who have given us some form of update. Hope I am clear now and just want advise on what to do with our lawyer and our application

 

[armoured]

Okay, that helps. (Suggestion if you are writing to others: Sentences. Paragraphs. Bullet Points. Timeline organised.)

-Personally I'd say your lawyer made mistake of advising you to send passport without your child's passport. I think that might have forced them to notice that there's a dependent on here. But it's hard to say and a bit of a guess on my part.

-So I understand your spouse has a COPR and visa and can come to Canada. But that your child does not.

-I do not know if there's much that the MP or lawyer can outright do at this stage. It does seem to be processing. Am I mistaken in that?

-I would still keep calling, perhaps you can get info. If you decide to write eg to Minister - make it maximally coherent. (My suggestion would be VERY short summary, simple 'ask' or request, and background/timeline in an attachment.)

-Personally I'd apply for TRV for the child as well. It doesn't cost much, and there is a possibility this will force someone to 'make a decision.' (The processing of TRV may mean someone signing off and them working out that there is an issue here, and everything ready for the visa if the visa officer in charge just pulls the proverbial thumb out - resolving two files at once). This is - to be absolutely direct - a bit of a longshot.

(Note, if you get the trv, it may be problematic to use it)

-Something has gone off the rails with your relationship with lawyer and possibly the MP. You may want to revisit how you work with them / 'reboot.'

-You're obviously frustrated - and understandably so. But my gut reaction is you've possibly been taking it out on people who are trying to help - and that is making things worse.

-I could be wrong so don't be offended. Take the opportunity to go for a long walk and think about it.

Good luck.

 

[nickprado]

Thanks Armoured, this helps. I did take out my frustration on lawyer but not MP (who had helped to reopen file sooner but they have a set schedule to check progress it seems).
My wifes COPR was cancelled after file was reopened with child addon. If I apply for TRV I would have to apply for both correct? These are the questions I wanted my lawyer to help me with.
When I communicated to my lawyer over call I did mention difficulty my wife is facing and they understood that but when I am asking for solutions they reacted that way.
What I dont understand is why is it taking this long to wrap up after everything is done for IRCC to finish making decision? Is there a program manager contact I can correspond to?

 

[armoured]

Thanks Armoured, this helps. I did take out my frustration on lawyer but not MP (who had helped to reopen file sooner but they have a set schedule to check progress it seems).
My wifes COPR was cancelled after file was reopened with child addon. If I apply for TRV I would have to apply for both correct? These are the questions I wanted my lawyer to help me with.
When I communicated to my lawyer over call I did mention difficulty my wife is facing and they understood that but when I am asking for solutions they reacted that way.
What I dont understand is why is it taking this long to wrap up after everything is done for IRCC to finish making decision? Is there a program manager contact I can correspond to?

Ah, I'd missed that the COPR was cancelled.

The only concrete answer I can give you is yes, apply for TRV for both. That way if approved, they can at least join you.

You don't need your lawyer to do that. And there is at least some chance the TRVs will be approved because presumably your spouse was cleared for all eg security before (and child not muhc of a security risk). That said, not a guarantee. Personally I would emphasize compassionate family reunification because there was a mistake in the file before - and wife was previously approved for and issued copr. You could also ask MP's office to see about and support that request (family reunification, compassionate basis).

As above, there is a chance this will push someone to just make a decision on the PR app.

For the rest: even though it seems like just a mistake etc., no-one can give you an answer for why it is taking so long etc. May as well stop asking that and spend your time on useful things you can do.

Right now, you can apply for a TRV.

 

[nickprado]

Thanks armoured

 

[armoured]

Thanks armoured

Good luck.

 

[nickprado]

My wife was asked to do medical again today. Dont know we are going in circles since after this my newborn medical will be less than 6 months in June. Unless IRCC officer wraps us up in may then we will go again in remedical loop. Seems like they are playing with our lives on purpose. We have decided to leave this and go back if that is to happen

 

[armoured]

after this my newborn medical will be less than 6 months in June.

What's the significance of the six months after newborn's medical?

 

[nickprado]

They need validity of 6 months on medicals to approve the file for DM/PPR/COPR.
So if not decided by June 2022 due to my newborns medical in from Jan 2022 they will request medical again for newborn again. Circles of waste unless the officer has proper sense in wrapping this in appropriate time. Medical extensions etc all is done by March 31 2022

 

[YVR123]

They need validity of 6 months on medicals to approve the file for DM/PPR/COPR.
So if not decided by June 2022 due to my newborns medical in from Jan 2022 they will request medical again for newborn again. Circles of waste unless the officer has proper sense in wrapping this in appropriate time. Medical extensions etc all is done by March 31 2022

I've never heard of this. Do you have link to this requirement?

 

[nickprado]

I've never heard of this. Do you have link to this requirement?

Its in GCMS notes where it mentioned Medical passed and validity > 6 months. This was in previous approval

 

[armoured]

Its in GCMS notes where it mentioned Medical passed and validity > 6 months. This was in previous approval

Okay, didn't know that. Note that IRCC can extend validity (by internal medical officer), up to 3 months.

Have you applied for TRV? Since you seem awfully angry about your spouse not joining you (with child), that might be a logical step to take.

 

[nickprado]

Okay, didn't know that. Note that IRCC can extend validity (by internal medical officer), up to 3 months.

Have you applied for TRV? Since you seem awfully angry about your spouse not joining you (with child), that might be a logical step to take.

If they could extend it why didnt they do it in my case? Yes am trying to get my profile and apply to TRV. Just also we tried TRV with my wife in dual intent was rejected

 

[armoured]

If they could extend it why didnt they do it in my case? Yes am trying to get my profile and apply to TRV. Just also we tried TRV with my wife in dual intent was rejected

I can't answer why they did not do it in a specific instance - just noting that your belief that the 6/12 month periods for the two medicals does not mean it will get caught in a loop.

You don't say when you applied for TRV (don't know what you mean by profile). If it was at a different stage, you may have a higher chance, and as noted, make the point that this is partly due to processing issue, covid, etc, and request compassionate treatment for family reunification. Ask your mp for assistance too. It may not work, but it is worth a try and is something you can do.

 

[nickprado]

My wife passed meds on 13th May 2022. Waiting for PPR now. My messages to MP office started getting ignored. I consulted another lawyer who was confused why they didnt just give the PPR instead asked remeds and wanted our MP to call and ask but I send them 3 emails already and no response.