**URGENT** helps needed on children sponsorship: docs required

[siddebian]

I've received letter from the immigration officer (Hongkong) indicating that my children do not meet the requirement of immigration to Canada as member of the family class.

My wife has been living in home country for 2 years (still meeting Residence obligations, and will apply for PRTD to come back to Canada), as her PR card already expired a year ago. She couldn't come back due to the pregnancy and baby caring.

Now the officer has concerns that my children's sponsor (I'm not sure if they are referring to my wife) doesn't meet the requirement being the sponsor, and asked for providing the evidence in 30 days to prove the sponsor has been residing in Canada since the day when the application was submitted.

Here are some facts:
- I submitted the application from within Canada.
- I visited my family for 1 month about 2 weeks after the application was submitted.
- The sponsorship application was submitted with me be the only sponsor, I didn't include my wife as the sponsor.
- My wife doesn't have valid PR card right now, but still meeting the RO requirement. (Has lived in Canada about 935 days in past 5 years)

Here are the docs required from the officer:
- Permanent Resident Card: A copy of both sides of a Permanent Resident Card Photocopy of your wife's valid Canadian permanent resident card.
- Client Information: Receipt of information from client Reliable evidence of your wife's current permanent residency in Canada.

What should I do with it as my wife is in the situation as I described above? In the application I submitted, I didn't include my wife as co-signer, shouldn't that indicate me being the only sponsor for my children's immigration application?

Could anyone help advising/suggesting the feasible options for me to proceed with my children's immigration application? The decision will be made as reject if the docs/evidence are not provided.

Thanks a lot,
Sid.

 

[siddebian]

Anyone could have any clues of advice/suggestions?
Appreciated.

Thanks a lot,
Sid.

 

[profiler]

Anyone could have any clues of advice/suggestions?
Appreciated.

Thanks a lot,
Sid.

What did the letter say with respect to your children not being a member of the family class? Did they cite a law number or rule?

With respect to your question, I am not sure how the paperwork was filled out, but a PR is required to be living in Canada during an application being made for PR. Additionally, were the children born during your wife's PR application? Were they examined?

 

[CaroM8]

I really don't know enough to respond to this adequately, but given you are a PR, I was under the impression you had to be living in Canada during the entire process of the application. Which means that your one month visit might have messed things up?
Were your kids included in your own, or wife's PR application??

I'm not sure though, hopefully a senior member chimes in for you!

Good luck!

 

[profiler]

Additional information notwithstanding, here is a snip from the Immigration and Refugee Protection Act (IRPA) Regulations regarding Sponsors (was taken from: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-27.html#h-79):

DIVISION 3
Sponsors

Sponsor

130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

So reading your history on the forum, looks like your wife and you are both PR's...did either of you get a citizenship? If not, then that is probably what they are questioning. PR's have to reside in Canada if they are making a sponsorship application.

I am not sure if there is a way to fix this, besides withdrawing and reapplying. I will defer to more senior members who might know a better solution to this situation.

Best of luck!

 

[canadianwoman]

It sounds to me that they do not believe that the sponsor lives in Canada. You are the sponsor, not the mother. As you are a PR, you have to be residing in Canada for the duration of the processing. If you only spent one month outside of Canada, that should have been short enough to be considered a vacation. However, this is up to the visa officer.

You should submit proof that you reside in Canada and have done so for the duration of the processing. Show proof that you went out for only a month as a vacation - for example, you could show that you continued to lease an apartment in Canada or kept ownership of a home; that you continued to have a job, and just had a month off; and so on.

Also submit a letter explaining the situation - that you are the sponsor, that you reside in Canada, that your wife is a PR but is residing outside of Canada, and that she has met and will be able to meet her residency obligations.

Send them the photocopies they asked for, and the explanation that you are the sponsor, not your wife, and that that is why not having proof she lives in Canada is OK.

 

[siddebian]

Really appreciate all responses!

I'll prepare docs and letters of explanations for now.

Couple of more questions:
1) if I have to re-apply, when would be good time to submit the new application? Do I need to wait for the final decision is made or need to withdraw the current one before doing it?

2) Would the re-submission be processed differently from the rejected ones in history in terms of processing time and chances of being approved?

3) To meet the requirement of "sponsor residing in Canada", do I need to be always physically present in Canada during the process until the final decision is made?

4) If the current sponsorship application is rejected eventually, would it be easier to apply for temporary visitor visa for my children to come to Canada?

Thanks a lot, really appreciated!
Sid.

 

[profiler]

Really appreciate all responses!

I'll prepare docs and letters of explanations for now.

Couple of more questions:
1) if I have to re-apply, when would be good time to submit the new application? Do I need to wait for the final decision is made or need to withdraw the current one before doing it?

2) Would the re-submission be processed differently from the rejected ones in history in terms of processing time and chances of being approved?

3) To meet the requirement of "sponsor residing in Canada", do I need to be always physically present in Canada during the process until the final decision is made?

4) If the current sponsorship application is rejected eventually, would it be easier to apply for temporary visitor visa for my children to come to Canada?

Thanks a lot, really appreciated!
Sid.

Are you physically in Canada now? If so, you might want to make a quick call to your MP's office about the letter. They might be able to sort this all out for you (and, that's their job)...

 

[Aquakitty]

Sorry, your post is a bit confusing.

So you sponsored your wife as PR, but not the children? Were the children born after the sponsorship? Are you a PR or citizen?

 

[canadianwoman]

1) if I have to re-apply, when would be good time to submit the new application? Do I need to wait for the final decision is made or need to withdraw the current one before doing it?
2) Would the re-submission be processed differently from the rejected ones in history in terms of processing time and chances of being approved?
3) To meet the requirement of "sponsor residing in Canada", do I need to be always physically present in Canada during the process until the final decision is made?
4) If the current sponsorship application is rejected eventually, would it be easier to apply for temporary visitor visa for my children to come to Canada?

1. Wait for the decision on the current application. The additional documents you send in might be enough for them to be approved. If they are rejected, you can reapply as soon as you are ready.
2. The reapplication would be essentially the same as the current application. Order your GCMS notes after the current application is refused (if it is) and see what the reasons were for refusing. Then when you reapply, make sure you correct whatever problems caused the rejection.
3. A PR who is the sponsor must be residing in Canada from the time the application is sent in until the final decision has been made. Short vacations out of the country are allowed, but they should be short. Since you seem to have had issues with only a month out of Canada, next time keep your vacation shorter than this.
4. You can apply for a TRV, but TRVs for children are often rejected because they generally do not have ties to their homeland. If the TRV is rejected you can then apply for a TRP, which is often given to children. Whether you get a TRV or a TRP for them, or they remain in their homeland, you can still try to sponsor them again.