Visa for Newborn outside Canada: Parents are PR

[Md.Azad]

Hi Everyone ,

I need suggestions from our experienced forum members .

My wife and me are PRs of Canada .We landed to Canada in May 2016 .We got our PR cards.We stayed in Canada for only 1 week . Now we want to enter Canada by Sep 2019 to fullfil minmum 730 days in 5 yrs .We are blessed with a new born child who is Australian Citizen .
Now ,what is the process of applying PR for our child ?
What documents do I need ?
How much time will it take ?
Kind Regards
Azad

 

[Bs65]

So if you landed May 2016 you need to enter the country again by May 2019 in order to meet the 2 years out of 5 residency obligation. If you leave it until Sept 2019 there is a chance you will be reported leading to PR status being revoked subject to appeal. If not reported then you need to stay put for 2 plus years to reset the residency obligation.

PR card validity by the way is not relevant to the residency obligation only the initial landing date is relevant in your case.

You cannot as PRs apply for PR for your son from outside of Canada plus and others can correct me but you need to be in compliance with the residency obligation to be a sponsor.

 

[canuck_in_uk]

Hi Everyone ,

I need suggestions from our experienced forum members .

My wife and me are PRs of Canada .We landed to Canada in May 2016 .We got our PR cards.We stayed in Canada for only 1 week . Now we want to enter Canada by Sep 2019 to fullfil minmum 730 days in 5 yrs .We are blessed with a new born child who is Australian Citizen .
Now ,what is the process of applying PR for our child ?
What documents do I need ?
How much time will it take ?
Kind Regards
Azad

As your above, your PR Residency started May 2016. You need to return ASAP.

If you return after and are able to enter without being reported, you will have to wait 2 years until you once again meet the RO before you can sponsor your child.

 

[Md.Azad]

So if you landed May 2016 you need to enter the country again by May 2019 in order to meet the 2 years out of 5 residency obligation. If you leave it until Sept 2019 there is a chance you will be reported leading to PR status being revoked subject to appeal. If not reported then you need to stay put for 2 plus years to reset the residency obligation.

PR card validity by the way is not relevant to the residency obligation only the initial landing date is relevant in your case.

You cannot as PRs apply for PR for your son from outside of Canada plus and others can correct me but you need to be in compliance with the residency obligation to be a sponsor.

Thanks for the response .I am worried I cannot enter within MAY as currently, I am waiting for Citizenship of Australia which will take at least 3-6 months .I was planning to move Canada after getting Australiaian citizenship. No hope left for Canada.

Can I appeal with the above reason? What is the process of appeal?

Kind Regards
Azad

 

[Copingwithlife]

You are asking if you can appeal your R/O with Canada, because you are in the waiting phase to gain citizenship with ANOTHER country ? So in a nutshell you put applying for Australian citizenship before moving to Canada ? That is NOT a valid reason. So you were not being in compliance with Canada's rules, so you could be in compliance with another countries residency rules, and that is your reason ? And now you are worried ? You seem to have been aware of all the terms and conditions on getting Australian residency and citizenship rules, but you never checked out the rules for Canada ? I rarely shake my head

 

[Md.Azad]

You are asking if you can appeal your R/O with Canada, because you are in the waiting phase to gain citizenship with ANOTHER country ? So in a nutshell you put applying for Australian citizenship before moving to Canada ? That is NOT a valid reason. So you were not being in compliance with Canada's rules, so you could be in compliance with another countries residency rules, and that is your reason ? And now you are worried ? You seem to have been aware of all the terms and conditions on getting Australian residency and citizenship rules, but you never checked out the rules for Canada ? I rarely shake my head

 

[Md.Azad]

Hi mate
Thanks for answering my queries .Actually things are out of my control.Canada was my first preference when I applied .But visa process took 2.5 yrs .In uncertainty I applied for Australia which issued PR within 6 months .Again after applying for citizenship it took more than 1 yr for test .Now again waiting for oath taking ceremony .I can leave Australia with resident return visa which may risk citizenship .Anyway thanks again for your response .
Cheers
Azad

 

[canuck_in_uk]

Thanks for the response .I am worried I cannot enter within MAY as currently, I am waiting for Citizenship of Australia which will take at least 3-6 months .I was planning to move Canada after getting Australiaian citizenship. No hope left for Canada.

Can I appeal with the above reason? What is the process of appeal?

Kind Regards
Azad

You have no grounds to appeal, so don't waste IRCC resources doing so.

 

[canuck78]

You have the option to just stay in Australia. You also had the choice to abandon your pursuit of Australian citizenship 3 years ago if Canada was your 1st choice. Not sure why you just don’t stay there?

 

[Md.Azad]

Hi Canuck78
You are right !At that time we did not think that way .
Anyway ,if I enter now .After initial set up (3 months ),can I take my wife and child ?
My wife is dependent PR (she also landed in May 2016 ) .Her PR card validity till Sept 2021 .
Can she enter after 3 months ?
What will be visa process for my child ? Can I apply PR for him after entering in Canada ( even he is in other country ?How long it will take ?
Thanks
Azad

 

[lampbreaker]

Hi Canuck78
You are right !At that time we did not think that way .
Anyway ,if I enter now .After initial set up (3 months ),can I take my wife and child ?
My wife is dependent PR (she also landed in May 2016 ) .Her PR card validity till Sept 2021 .
Can she enter after 3 months ?
What will be visa process for my child ? Can I apply PR for him after entering in Canada ( even he is in other country ?How long it will take ?
Thanks
Azad

Both of you have to maintain residency obligation.

Try to get a visitor visa for your child. If that is approved, you can all travel together and then you can sponsor the child for PR.
If Visitor visa is not approved, your child will have to stay behind (and most likely your wife also). Then after you are settled, you can sponsor both of them.

 

[canuck78]

Hi Canuck78
You are right !At that time we did not think that way .
Anyway ,if I enter now .After initial set up (3 months ),can I take my wife and child ?
My wife is dependent PR (she also landed in May 2016 ) .Her PR card validity till Sept 2021 .
Can she enter after 3 months ?
What will be visa process for my child ? Can I apply PR for him after entering in Canada ( even he is in other country ?How long it will take ?
Thanks
Azad

PR card validity isn't related to meeting your RO. RO is calculated 5 years from the landing date.

 

[k.h.p.]

Why are you collecting PR and citizenship like this?

If you do not enter Canada by May you will not meet your residency obligations. I highly doubt that the IRB/IAD will take "waiting on Australian citizenship" as a reason to overturn a visa officers decision.

If Canada is what matters to you, abandon Australia.

 

[Copingwithlife]

Why are you collecting PR and citizenship like this?

If you do not enter Canada by May you will not meet your residency obligations. I highly doubt that the IRB/IAD will take "waiting on Australian citizenship" as a reason to overturn a visa officers decision.

If Canada is what matters to you, abandon Australia.

People put the time and energy into what they feel is most useful, you obviously put Australia over Canada, so as you mentioned, you could leave Australia with a returning resident visa, so there is nothing stopping you from leaving now to fulfill your requirements,but stated that it could risk your Australian citizenship. So even to bring up the questions on how to possibly appeal it, is ludicrous

 

[Bs65]

Hopefully based on the responses above everything is clear now that to meet the residency obligation you both , you and your spouse need to return in next few weeks and even then at this stage you may be directed for an interview in secondary given you are borderline with the residency obligation.The PR cards being valid simply means that you can as PRs board a plane back to Canada nothing else.

Even though when you originally applied for PR your spouse was classified as a dependant , once landed she would be responsible for her own residency obligation/PR status so she cannot wait 3 months without risking her status being revoked on entry.

The only positive thing is that your child being an Australian citizen only needs a passport and an ETA to travel to Canada, no visa required to enter on visitor status, although you all would require something extra to transit the US if that is the chosen route.