Awaiting since long for family class sponsorship visa for my 2 year kid

[Nirav_unique]

Hi,
Myself and my wife have Canadian PR. We applied for family class sponsorship visa for my 2 years old daughter (born in India) in October 2018, my wife being a sponsor and self as a co-signer. I have been in Canada since last 6 months. However, my wife stayed in Canada for a month initially while applying for visa and went back to India on fulltime payroll of a Canadian company. We already submitted an employment letter of my wife mentioning official visit to India, employment letter of self and schooling record of my elder son (who is in Canada) to IRCC in February 2019. It has been almost 7 months now, we applied for Visa for my daughter and eligibility assessment of the sponsor is still not completed.

We now came to know that our file has gone for secondary review. As my daughter and my family are under stressful situation, we are planning to apply for visitor visa for my daughter.

Please can somebody guide:
1) How much time secondary review process takes in such cases?
2) Is it possible if my daughter can get visitor visa while PR file is under process?
3) Is entry as a visitor in Canada from the US-Canada border post possible while PR file is under process?

Many thanks in advance....

 

[21Goose]

1. No idea
2. Yes, it is possible. There's no bar to getting a visa while a PR app is in process, though of course it may take longer if they decide to cross-check with the secondary review.
3. Yes, if the visitor has a valid TRV, they can enter at any port of entry

 

[APPNOV2014NY]

Sponsor needs to stay in Canada while family sponsorship application is in progress. This could be the reason for secondary review. Secondary review can take upto 2 years.

 

[Buletruck]

1. See above. Secondary review has no set timeline.
2. A TRV is possible, but difficult as she doesn't meet the definition of a visitor. Her intention is to stay permanently.
3. As long as she has a TRV she can enter from the US. If she doesn't (and isn't a PR, she will not be allowed entry.

How long were you out of Canada before October and when did you become a PR? Did you meet the RO when you applied for her PR?

 

[Nirav_unique]

1. No idea
2. Yes, it is possible. There's no bar to getting a visa while a PR app is in process, though of course it may take longer if they decide to cross-check with the secondary review.
3. Yes, if the visitor has a valid TRV, they can enter at any port of entry

Thank you for the reply.. Is there any chance if my daughter could get TRV at the border itself having her PR file under process (like the way people get work permit or study permit at the border)?

 

[Nirav_unique]

1. See above. Secondary review has no set timeline.
2. A TRV is possible, but difficult as she doesn't meet the definition of a visitor. Her intention is to stay permanently.
3. As long as she has a TRV she can enter from the US. If she doesn't (and isn't a PR, she will not be allowed entry.

How long were you out of Canada before October and when did you become a PR? Did you meet the RO when you applied for her PR?

I have PR since 2015. I visited Canada in 2015 and went back to India. Then I migrated permanently to Canada on October 31 2018. We didn't meet RO for her PR.

 

[Buletruck]

Is there any chance if my daughter could get TRV at the border itself having her PR file under process

Not possible. They don't issue TRV's at the border.

We didn't meet RO for her PR.

This is likely why your application is in secondary review. It's very probable that IRCC is reviewing your residency obligation. You should not have submitted her application until you met RO. You and your wife status are very likely under review.

 

[Nirav_unique]

Not possible. They don't issue TRV's at the border.



This is likely why your application is in secondary review. It's very probable that IRCC is reviewing your residency obligation. You should not have submitted her application until you met RO. You and your wife status are very likely under review.

Is there a way if I meet RO now to update our status along with necessary proofs, which can help to get my daughter's visa sooner?

 

[Buletruck]

No. RO is calculated from the date the application is received. Your bigger concern now should be your own status if they find you failed to meet RO and move to revoke your status.

 

[Nirav_unique]

Now I understood. I am meeting the RO as of now as it was still more than 800 days left when I landed here. But my wife has a bit different situation. She has gone to India on a payroll of a Canadian company (on full time basis) and yet not stayed in Canada much here. So, probably there wouldn't be any issues if we had put up a file considering me as a sponsor instead of my wife.

 

[Buletruck]

When did you actually land and when did you actually settle in Canada?

 

[canuck_in_uk]

Hi,
Myself and my wife have Canadian PR. We applied for family class sponsorship visa for my 2 years old daughter (born in India) in October 2018, my wife being a sponsor and self as a co-signer. I have been in Canada since last 6 months. However, my wife stayed in Canada for a month initially while applying for visa and went back to India on fulltime payroll of a Canadian company. We already submitted an employment letter of my wife mentioning official visit to India, employment letter of self and schooling record of my elder son (who is in Canada) to IRCC in February 2019. It has been almost 7 months now, we applied for Visa for my daughter and eligibility assessment of the sponsor is still not completed.

We now came to know that our file has gone for secondary review. As my daughter and my family are under stressful situation, we are planning to apply for visitor visa for my daughter.

Please can somebody guide:
1) How much time secondary review process takes in such cases?
2) Is it possible if my daughter can get visitor visa while PR file is under process?
3) Is entry as a visitor in Canada from the US-Canada border post possible while PR file is under process?

Many thanks in advance....

Potential RO issues aside, expect a refusal because your wife failed to reside in Canada throughout the process.

 

[Nirav_unique]

When did you actually land and when did you actually settle in Canada?

- My wife landed on Oct 4, 2018
- Wife started full time job in Canadian company from Oct 15, 2018
- Submitted PR application on Oct 25, 2018
- I landed on Oct 31, 2018
- Wife went to India on official duty from Nov 12, 2018
- Validity of our PR Feb 2021

 

[Nirav_unique]

Potential RO issues aside, expect a refusal because your wife failed to reside in Canada throughout the process.

Don't they consider as if she is in Canada while traveling to other country when official on payroll of a Canadian company? Like consideration of this while counting number of days in Canada when gone outside officially?

 

[YVR123]

- My wife landed on Oct 4, 2018
- Wife started full time job in Canadian company from Oct 15, 2018
- Submitted PR application on Oct 25, 2018
- I landed on Oct 31, 2018
- Wife went to India on official duty from Nov 12, 2018
- Validity of our PR Feb 2021

The important part is how long have your wife (the sponsor) stayed in Canada. And she was NOT in Canada during most part of the application process.

She only started the job for less than month before she left "for her job", it doesn't count as working for a Canadian company temporary outside. As she landed in Oct 4, 2018, she still has a lot of time to meet her RO. BUT since she LEFT the country during the sponsorship application, I think the application will be refused.

May be you can look into staying in Canada and sponsoring your child instead.