Newborn PR sponsorship and my PR status issue

[matchbox]

I would be very grateful if anyone can advise my situation or share the similar scenarios .

My husband and I landed as the PR on 1st Oct 2010 and we stayed there for less than one month . I visited there again in 2011 for less there one month again.

We planned to move there permanently in 2012 to reunite with my family but it did not happen .

Now , we would like to move there permanently . I am aware that we have missed the chance to meet the 730 days rule by a few months . I would like to take the chance to try to get in , praying for not to be reported .

My question is relating to my 9 month old baby , I understand I can only sponsor for him in country .

As he holds the visa exempt passport ,hope I can bring him as a visitor .

How soon can I submit his sponsorship without jeopardising my PR status ?

Hopefully, I do not have to wait for two years before I can submit the application , worst case scenario , if it happens , what type of visa can I apply or extend to keep him in the country with me during these times?

Many thanks for all your kind advice .

 

[Leon]

By not meeting the RO (residency obligation), you have already risked your PR. If you are able to enter Canada without getting reported for it, you would be taking another risk to your PR if you apply to sponsor your child before 2 years have passed.

You could apply to extend your child's visitor status after 5 months but if you do, you may be taking the risk that immigration will start looking into why you are not applying to sponsor him. They may grant you one extension of usually 6 months but when you apply again, I think questions will arise.

You would be risking your PR if you leave and re-enter with him but what you could do is have other relatives whose PR is in good standing or who have citizenship travel with your child for a short trip, for example to the US. They should of course have a statement from you and your husband that they can travel with him. When they re-enter Canada, he will most likely get a new stamp for another 6 months.

 

[Msafiri]

matchbox,

1. The major issue if sponsorship is not initiated is obtaining provincial health coverage. If you can cover the child's medical expenses via an insurance policy then don't risk the sponsorship.

2. You will get at least 3 extensions without any issues likely up to 24 months in total - CIC are hard pushed to separate you from your child if you are all in Canada on the premise that with a refusal who would take care of the child back in your home country? The same doesn't apply to sponsorship though - you will just attract you breach the RO and your application will be delayed and eventually likely bounced.

 

[matchbox]

Hi Leon and Msafiri ,


Many thanks for the great advice and pointing out the health cover which I have not thought through yet . Definitely , I will look into that before moving takes placed .

By any chance , have you seen lately on this forum that people like us who have breached RO passed it through immigration ? Sorry if this question sounds silly . A bit nervous .

Thanks again .

 

[Msafiri]

1. No clear statistics but based on a anecdotal evidence and feedback here most people get through ok but somehow just can't seem to realize they need to stay in Canada for 730 days or how ever many days they need to get their PR back in standing. Its almost as if there is a ''I got in once'' so guess what "I will risk it again' mentality going on here.

2. My take is that CIC/ CBSA likely read these forums so if you provide enough detail to give them a clear profile you are more likely to be pulled up. Its also noticeable that CBSA give a pass to those who are honest with their breach. You may need to consider separate entries to minimize the risk of both being reported.

 

[keesio]

If you are able to enter Canada without getting reported for it, you would be taking another risk to your PR if you apply to sponsor your child before 2 years have passed.

Agree with Leon that if you can get in without being reported, it is a big risk to try to sponsor your child ASAP. There was a similar case on this forum where someone was able to get in without being reported but then tried to sponsor their child right away and is now having their PR status investigated.