Thread for outland Buffalo applicants!

[puzzle69]

I'm sorry you're having to go through this, Rinnerz. I hope everything gets sorted out. I received some bad news myself today. The CIC informed me last month that since my son was the dependant child of a Canadian citizen (my wife) he would be granted Canadian citizenship. They refunded us the $150 fee for his PR and we applied for his Proof of Citizenship card. We just found out by mail that he was not eligible for a POC card because he is adopted. We adopted him in the U.S. in 2006. I'm annoyed because Mississauga knew this before they forwarded my app to Buffalo. His adoption decree was with all of his documents. Now we have 2 choices: go back to applying for his PR or apply for citizenship through adoption. I have no idea how long the citizenship process would take for a child adopted outside of Canada. Does any one have an idea about the time frame?

We have another concern as well. My son has PDD-NOS. He is 4 and on the autism spectrum. He is high-functioning and is very healthy. He rarely goes to the doctor and is on one generic medication that he takes daily. My concern is bringing him to the DMP for a medical. He does not do well in doctor's offices and I'm afraid his diagnosis of mild ASD could cause a problem with his PR. If we go the citizenship route he wouldn't need a physical and it may be a non-issue, but could take a very long time. Is it possible the CIC could deny him PR because of his ASD, even if he is a dependant child of a Canadian citizen? We have a call in to the Canadian Consulate General but they have not returned our call. We are getting stressed out by this. We're nervous that the CIC could see him as a burden on the health system, even though he visits the doctor as much, or less, than a typical chid his age.

Any advice on either of these issues would be tremendously helpful. Thanks everyone.

 

[buffalo-toronto]

I'm sorry you're having to go through this, Rinnerz. I hope everything gets sorted out. I received some bad news myself today. The CIC informed me last month that since my son was the dependant child of a Canadian citizen (my wife) he would be granted Canadian citizenship. They refunded us the $150 fee for his PR and we applied for his Proof of Citizenship card. We just found out by mail that he was not eligible for a POC card because he is adopted. We adopted him in the U.S. in 2006. I'm annoyed because Mississauga knew this before they forwarded my app to Buffalo. His adoption decree was with all of his documents. Now we have 2 choices: go back to applying for his PR or apply for citizenship through adoption. I have no idea how long the citizenship process would take for a child adopted outside of Canada. Does any one have an idea about the time frame?

We have another concern as well. My son has PDD-NOS. He is 4 and on the autism spectrum. He is high-functioning and is very healthy. He rarely goes to the doctor and is on one generic medication that he takes daily. My concern is bringing him to the DMP for a medical. He does not do well in doctor's offices and I'm afraid his diagnosis of mild ASD could cause a problem with his PR. If we go the citizenship route he wouldn't need a physical and it may be a non-issue, but could take a very long time. Is it possible the CIC could deny him PR because of his ASD, even if he is a dependant child of a Canadian citizen? We have a call in to the Canadian Consulate General but they have not returned our call. We are getting stressed out by this. We're nervous that the CIC could see him as a burden on the health system, even though he visits the doctor as much, or less, than a typical chid his age.

Any advice on either of these issues would be tremendously helpful. Thanks everyone.

There might be better comments on this but as per my knowledge as Autism is not a Contagious disease, it should not be a problem. there might be questioning or need for more documents but as its not a harm to Canadians, I think it should be Ok

 

[Rinnerz]

I'm sorry you're having to go through this, Rinnerz. I hope everything gets sorted out. I received some bad news myself today. The CIC informed me last month that since my son was the dependant child of a Canadian citizen (my wife) he would be granted Canadian citizenship. They refunded us the $150 fee for his PR and we applied for his Proof of Citizenship card. We just found out by mail that he was not eligible for a POC card because he is adopted. We adopted him in the U.S. in 2006. I'm annoyed because Mississauga knew this before they forwarded my app to Buffalo. His adoption decree was with all of his documents. Now we have 2 choices: go back to applying for his PR or apply for citizenship through adoption. I have no idea how long the citizenship process would take for a child adopted outside of Canada. Does any one have an idea about the time frame?

We have another concern as well. My son has PDD-NOS. He is 4 and on the autism spectrum. He is high-functioning and is very healthy. He rarely goes to the doctor and is on one generic medication that he takes daily. My concern is bringing him to the DMP for a medical. He does not do well in doctor's offices and I'm afraid his diagnosis of mild ASD could cause a problem with his PR. If we go the citizenship route he wouldn't need a physical and it may be a non-issue, but could take a very long time. Is it possible the CIC could deny him PR because of his ASD, even if he is a dependant child of a Canadian citizen? We have a call in to the Canadian Consulate General but they have not returned our call. We are getting stressed out by this. We're nervous that the CIC could see him as a burden on the health system, even though he visits the doctor as much, or less, than a typical chid his age.

Any advice on either of these issues would be tremendously helpful. Thanks everyone.

It doesn't make much sense to me to "sponsor" a child who could be considered a Canadian citizen, by virtue of being adopted by a Canadian citizen or otherwise. I don't really know if that would complicate things for you or not. Here's the link to how to apply for him, though: http://www.cic.gc.ca/english/information/applications/cit-adoption.asp. It doesn't say on there (or on other adoption citizenship pages) how long it would take. If it's the same as applying for proof of Canadian citizenship, the posted processing times are at about 10 months currently: http://www.cic.gc.ca/english/information/times/canada/certif-processing.asp. Maybe others can chime in with even more info on this.

Regardless, dependent children being sponsored under the Family Class are considered excessive demand exempt. So, I doubt that his condition would be an issue, if he somehow did need to be sponsored. Hope that helps. You could always repost your questions as a new thread; you might get more varied feedback that way.

 

[kerianne]

I agree with the last couple of posts. To my knowledge the medical exams are just to determine if the person being sponsored will be a burden on the health system (ie. a kidney dialysis patient, etc.) or a cantagious person that could potentially cause an epidemic (ie HIV, tuberculosis, etc.). Not too long ago on this forum, a woman was sponsored by her husband and she was in remission from breast cancer, I believe. She was approved PR. I hope that you get the information that you need and that it all works out for the best. Good luck!

 

[puzzle69]

Thanks for all of the responses. We are trying to get confirmation on what Rinnerz posted, that dependant children of Canadian citizens are exempt from excessive burden decisions. I hoping for this, so we can pick up where we left off on the PR application. CIC kind of screwed us up by refunding us the fee for his PR. Now we'll have to repay if we go that route. Hopefully they still have all of his paperwork with my application. If there is any chance he could be denied due to his ASD we'll have to persue citizenship through special grant for adopted children. No medical, but the Canadian consulate told us this could take 1-3 years! That could kill my PR app. because we may not have his citizenship before my landing window closes. Just hoping we get an all clear to continue the sponsorship process.

 

[Jeff]

Just got an update from ecas:

"We started processing ******'s application on April 26, 2011."

 

[Rinnerz]

Thanks for all of the responses. We are trying to get confirmation on what Rinnerz posted, that dependant children of Canadian citizens are exempt from excessive burden decisions. I hoping for this, so we can pick up where we left off on the PR application. CIC kind of screwed us up by refunding us the fee for his PR. Now we'll have to repay if we go that route. Hopefully they still have all of his paperwork with my application. If there is any chance he could be denied due to his ASD we'll have to persue citizenship through special grant for adopted children. No medical, but the Canadian consulate told us this could take 1-3 years! That could kill my PR app. because we may not have his citizenship before my landing window closes. Just hoping we get an all clear to continue the sponsorship process.

I.) From the Immigration and Refugee Protection Act:

Health grounds

38. (1) A foreign national is inadmissible on health grounds if their health condition

(a) is likely to be a danger to public health;

(b) is likely to be a danger to public safety; or

(c) might reasonably be expected to cause excessive demand on health or social services.

Exception

(2) Paragraph (1)(c) does not apply in the case of a foreign national who

(a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;

(b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;

(c) is a protected person; or

(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).


Also from the official DMP Handbook:

6.1 Applicants who are excessive demand exempt are identified by, and will bring with them to the DMP office for examination, one of the following forms:

IMM 1017 EDE-EFE Medical Report
IMM 1017 EFC (in Canada) Medical Report
Appendix C: Medical Instructions

6.2 Applicants identified as being excessive demand exempt should not be investigated by the DMP beyond the functional inquiry, the physical/mental examination, and the required routine laboratory and radiology tests (chest radiograph, serological test for syphilis, serological test for HIV).

If an excessive demand exempt applicant provides information on a condition that might require significant medical or social services in Canada, either verbally or by providing copies of specialists' reports, this information may be included with the immigration Medical Report, but should neither cause delay nor add additional expense for the applicant.
If, in the DMP's clinical opinion, conditions so identified are likely to require immediate care following the applicant's arrival in Canada, this information should be noted on the immigration medical report.


II.) Many people on the forums and elsewhere have had to apply for Canadian citizenship for their children just before or during their (the mother/father's) PR process. It does not cause delays, from what I've read. What they usually do is include the child's birth certificate (in your case, also their adoption information), along with an explanation and proof of having applied for citizenship for the child. (There are threads about this lying around on these forums; searches may turn up more info for you.)

III.) Either way, you can land as a PR and then turn right back around and go back to the States to settle your affairs etc. There is absolutely no requirement to enter Canada, land, and then stay there from that exact point onwards. In general, you just have to make sure that you continue to satisfy the PR residency requirement, i.e. residing 2 out of every 5 years in Canada. And even that can also be satisfied by proving you were physically accompanying/living with a Canadian citizen spouse/child if you weren't actually in Canada.

IV.) I'd still post elsewhere for further confirmation on the citizenship versus sponsoring issue for your child, just in case.

 

[Rinnerz]

Further update on my own mess:

My consultant forwarded what he's sent to Buffalo about my "missing" police certificate. He has the original courier receipt for when he sent the whole thing off, copies of the original certificate, and 2 emails from him to Buffalo - dated in December - that he'd sent them to confirm that it was sent (since we never got correspondence after the AOR). He's sent them the emails and copy and basically says, "Either find the original or confirm that this copy is acceptable". He says if all of this isn't good enough, that he'll "go to the program manager".

I don't have much hope that they will accept a copy, but maybe we'll get lucky and they'll find the original somewhere. I guess we'll see how this pans out...

 

[puzzle69]

I hope CIC either finds your clearance or accepts the copy, Rinnerz. They really should since they lost it, but I know immigration doesn't always make the logical choice. Thanks again for all of your help. It looks as though we won't have an issue with PR. It does seem ridiculous that our son can't just get citizenship because he's adopted. We adopted him as a newborn and had the adoption decree finalized 3 1/2 years ago. We are listed on his birth certificate as his legal parents. Makes no sense...Anyway, it appears that PR would be the quicker route. I don't think we can potentially wait 3 years. If we go PR he will be processed with me at the same time.

 

[rjessome]

Further update on my own mess:

My consultant forwarded what he's sent to Buffalo about my "missing" police certificate. He has the original courier receipt for when he sent the whole thing off, copies of the original certificate, and 2 emails from him to Buffalo - dated in December - that he'd sent them to confirm that it was sent (since we never got correspondence after the AOR). He's sent them the emails and copy and basically says, "Either find the original or confirm that this copy is acceptable". He says if all of this isn't good enough, that he'll "go to the program manager".

I don't have much hope that they will accept a copy, but maybe we'll get lucky and they'll find the original somewhere. I guess we'll see how this pans out...

Good consultant. Hopefully they will "turn up".

 

[jessibee]

Further update on my own mess:

My consultant forwarded what he's sent to Buffalo about my "missing" police certificate. He has the original courier receipt for when he sent the whole thing off, copies of the original certificate, and 2 emails from him to Buffalo - dated in December - that he'd sent them to confirm that it was sent (since we never got correspondence after the AOR). He's sent them the emails and copy and basically says, "Either find the original or confirm that this copy is acceptable". He says if all of this isn't good enough, that he'll "go to the program manager".

I don't have much hope that they will accept a copy, but maybe we'll get lucky and they'll find the original somewhere. I guess we'll see how this pans out...

They "lost" my husband's FBI certificate as well. I simply emailed them myself and asked them to look for it. Within two days I got a response saying that they found it and there was no need to re-do it. Hopefully this is the case for you as well! Good luck.

 

[Rinnerz]

They "lost" my husband's FBI certificate as well. I simply emailed them myself and asked them to look for it. Within two days I got a response saying that they found it and there was no need to re-do it. Hopefully this is the case for you as well! Good luck.

Yep, I was thinking of your case as soon as this happened, hoping I'd be so lucky . The thing is, I immediately emailed them, telling them it was already sent and asking them to look for it again. (This was yesterday morning, really early, before my consultant got involved.) They actually replied within an hour saying basically, "Nope. We have no record of having received it. It's still outstanding on your application." It didn't sound like they even bothered to look for it, considering how quickly they replied.

But this was all before my consultant stepped in and got on their case, so hopefully there's still a chance things will get straightened out.

Anyway, it'd be great if we got some kind of update on this today, but I'm guessing we'll have to at least wait the weekend before knowing what's going on. I think I'm going to try to spend most of my weekend getting rid of yesterday's migraine, watching anime, and maybe somehow getting to Old Navy to splurge with the gift card my mother-in-law gave me for Christmas -- and I don't even like shopping. I just need distractions right now, and probably more sleep than I'm getting, hah.

 

[kerianne]

Well. I landed today.

It was painless.

I was all nervous, so nervous I couldn't eat all day, I was just counting down the hours til my boyfriend got home from work. We crossed at the Sumas-Huntingdon border. I flagpoled it. When I crossed into the US the guard told me that normally they have the PR applicant go into the building, have a background check (I'm assuming a bunch of questions and them looking on the computer) and then they are supposed to refuse entry to the US so that when I turn around to the Canadian side they cannot refuse entry. But because I'm American, they cannot refuse me entry. That whole thing sounds weird but I guess that's just how it works.

Anyways. So my boyfriend came with me, he drove his truck. There were only 2 cars in the line up, and about 10 under the canopy for searching and a HUGE line up inside the building. At least 8-10 people. (Normally when I go in there there is only about 2 or 3 people). There were only women working inside and they all looked mean. lol There was one woman that was chomping her gum and real demanding when helping the few others in front of us. I was thinking great, I'm gonna get stuck with her and she's gonna ream me. Well, I got stuck with her, and it turns out she was super super nice. She didn't ask me any questions except to confirm my identity and that my boyfriend agreed to the 3 year obligations of sponsoring me.

I wasn't asked to provide proof of income, nothing. She asked if I was bringing any goods now or later and I said just a rubbermaid full of school supplies and a bag of clothes...She said well you're good to go! I laughed and said wow I feel so official, and she replied well this is very official. Have a good day!

So that was it. A huge sigh of relief now as I am residing in Canada as a Permanent Resident

Absolutely, positively, the best feeling in the world, and SOOO worth the wait. I landed exactly 1 year and 2 days preceeding the acceptance of my initial application.

I hope you all the best, and quick processes!! Thank you everybody who has given me input and helped cheer me up when times felt rough. I will keep my account and jump in here and there to give an update about SIN, health care, etc. But other than that it's onto the next chapter of my life!! WOOO

If anybody has questions or anything, feel free to send me a PM.

CHEERS!!

 

[spiritrac]

congratulations Kerianne

 

[jessibee]

Congrats Kerianne! I'm glad landing was painless after the long wait!