visiting a sponsored spouse and planning a child, a case of PR holder sponsoring

[memphis25]

Dear All,

Some expert ,Please answer my qurey

Rule says,  It is required to be in Canada for a PR status person to sponsor his spouse.

For that purpose I am in Canada, whereas my wife sponsorship application has been approved from Missisuaga office and the case has been forwarded to her country Islamabad ( Pakistan Embassy).

Being a newly wed , my questions are ,,

1> how long should I remain in Canada to sponsor my wife?
2> What if I travel to see her now (while application remains in process) and we decide to have a child?
3> would the Canadian Embassy in Pakistan grant the visa to the newly born child?
4> if yes how would that be possible? or would my wife be eligible to travel while she is pregnant. Actually I am confused here that the Canadian office would object my leaving from Canada during the sponsorship process.
4> Normally, how long the newly granted visa remains valid for the sponsored person before she could fly to Canada?


I would highly appreciate the good details on the above question,, I am very desperate with all these confusing questions.
thanks in advance,
memphis.

[waitingintz]

You must stay in Canada for the entire time the application is in process (you'd have to look up expected timelines for your visa office on the immigration website)

If you did not declare a child in your application then no, immigration would not issue a visa for one.  If the child is born in Canada then he/she will be canadian and not require sponsorship.

Whether your wife can travel or not is up to her doctor.

When the PR visa is issued, it will be valid until 1 year from the day your wife did her medical exam or when her passport expires, whichever is sooner.

[memphis25]

Thanks waitingintz.

From what you say means that I cannot even take a break of a week or 2 weeks to go out of canada to see my wife during the process of application?

If the child is born after the application is made there is no process that after the delivery of child, in the country where my wife is residing, we may be able to apply to add up the child in wife's application?

Would highly appreciate if more experts can shed some light on this.


thanks in advance,
Memphis

[Dmitri]

Sure you can go visit as long as you still maintain ties with canada.

[rjessome]

Thanks waitingintz.

From what you say means that I cannot even take a break of a week or 2 weeks to go out of canada to see my wife during the process of application?

If the child is born after the application is made there is no process that after the delivery of child, in the country where my wife is residing, we may be able to apply to add up the child in wife's application?

Would highly appreciate if more experts can shed some light on this.


thanks in advance,
Memphis

Yes, visits are allowed.

Yes, if a child is born outside of Canada and before landing in Canada as a PR, you must advise CIC of the birth of the child and add them to the application.

[memphis25]

Thanks all for the reply but there are few more points, i m trying to understand here,

1> during my sponsoring period , if i travel from canada to see my wife in another country and remain there for a longer period of time say till the birth of the child then at what stage the immigration authorities could object or check that the sponsoring person is out of canada ?. As my wife's case has already been transferred to her country for further processing and I have lived for more than 8 months in Ottawa with out my wife and after submitting the sponsoring application.

2> if the child is born in the country where my wife is residing, then would she be asked by Canadian visa office in her country to update them about the birth of the child ,, i mean, is there any process to update canadian embassy to add the newly born member in sponsored application ?


would really be helpful is someone could provide details answere with laws/bylaws to my questions for which i m very desperate about.



regards,#
memphis

[scylla]

You should limit your visit to a few weeks. Otherwise you'll be putting the PR application in jeopardy.

[memphis25]

Can you please explain how and at what stage the PR could go in jeopardy situation.

thanks,
memphis

[sanyrog]

Memphis,

As per the rule, a canadian PR shud stay in canada till the process gets completed, but 2 to 3weeks visit is ok, as long as u can show ties back to canada. But to answer ur prev qn, when the PR would go in jeopardy - it all depends on the luck.. If the CHC dint find out that ur not in canada, i.e. if they dint find any need to confirm that ur still in canada, then its ur luck, and np. But, at any time, if they try for something else and finds out that ur not in canada for a longer time, then it will result in jeopardy. So I would say, its the risk which we gotta take. It could go either way!

[memphis25]

Thanks Sanyrog, could someone pls tell their experience about the canadian officials querying in such cases. trying to understand the probable scenarios here.

Most imp. what is the process to add a newly born child to the application of sponsored spouse or what child / sponsored person / sponsoring person docs are required to be submitted  when the case is at the stage where the case file is transferred to the particular country's  canadian embassy visa office and is in process there.


tia,
memphis

[rjessome]

Thanks Sanyrog, could someone pls tell their experience about the canadian officials querying in such cases. trying to understand the probable scenarios here.

Most imp. what is the process to add a newly born child to the application of sponsored spouse or what child / sponsored person / sponsoring person docs are required to be submitted  when the case is at the stage where the case file is transferred to the particular country's  canadian embassy visa office and is in process there.


tia,
memphis

You might be interested to read some caselaw where applications were refused because the visa officer did not believe the PR sponsor was living in Canada.

http://www.canlii.org/eliisa/search.do?language=en&searchTitle=Search+all+CanLII+Databases&searchPage=eliisa%2FmainPageSearch.vm&text=immigration+%2B+refused+%2B+%22not+residing+in+canada%22&id=&startDate=&endDate=&legislation=legislation&caselaw=courts&boardTribunal=tribunals

If your wife gives birth to your child in her home country prior to landing as a PR, you must advise the visa post and add the child to the application.  The child must be medically examined prior to PR being issued for both your wife and the child.