Bringing Children to Canada for Family Sponsorship Medical

[Dawnie]

Hi there,

I'm marrying my Canadian fiance soon and he is then sponsoring myself and my children (from a previous marriage) and we will be applying for our permanent residency at the same time. After we get married in Canada, I'm returning to the UK (I'm a British citizen) to gain custody of my children. I then intend to fly back to Canada with my children so we can have our medicals and file our sponsorship and PR paperwork.

My question is about entering Canada with my children and what to say at customs. We will be entering on a tourist visa and remaining in Canada while the visa and PR is processed. I also need to bring the children to Canada so they can have their medicals carried out by a panel approved physician. What do I say at customs? I was intending to just keep my mouth shut and say that we're visiting my "boyfriend for a holiday": I have been visiting him in Canada quite a lot over the last few years and have multiple stamps in my passport. I was questioned by customs on my first visit but they just wave me through now I have that evidence.

My fiance is probably going to fly to the UK so he can help me with the children on our flight to Canada, and when we land he will go through a different channel to me at customs so this won't pose a problem. I'm concerned that customs might think it usual that I'm taking my children for a "holiday" outside of term time however I will have written approval from their father.

If I don't just run with the "we're on holiday" story and see how it goes, is there any way we will be let into Canada if we're open and honest with customs about the process we're going through and the children having to enter to have their medicals? How else will we get the medical reports if we're not allowed into Canada?

Any advice would be gratefully received. I have an email contact for CIC and will talk to them on the telephone if I need to when I head back there in a few weeks but thought you guys might have some advice.

Many thanks in advance

 

[scylla]

You can do the medicals in the UK. In fact - you can do them anywhere in the world as long as you use one of the designated physicians.

Don't use the "we need to do the medicals in Canada" argument. It doesn't hold water.

 

[Dawnie]

Thanks for the advice. However, due to the locations of docs in the UK and financial constraints, we're going to have to wait until we're in Canada to have the medicals done anyway.

For the sake of discussion, if we did have the medicals done here and forwarded all the paperwork and still wanted to enter Canada before it was all approved (again for personal reasons) what would we say at customs?

 

[Alurra71]

I have no idea what to tell you to say at customs. Just remember, that anything other than the truth could potentially be held against you if something happens and you have to leave Canada and then try to re-enter.

I really don't know what to tell you other than people do it, but I don't know how. *shrugs*

 

[Dawnie]

Thank you for the reply.

Can I just clarify that I'm reading all this right with you guys: I am a British citizen, will be married to a Canadian, and it is perfectly legal for me and my children to enter Canada on a tourist visa then apply for family class sponsorship and PR when we arrive. We can remain in Canada whilst this is being processed and it is also legal for us to stay past the 6 months expiry of our tourist visa if the paperwork takes longer than 6 months.

Many thanks for your time

 

[Alurra71]

Thank you for the reply.

Can I just clarify that I'm reading all this right with you guys: I am a British citizen, will be married to a Canadian, and it is perfectly legal for me and my children to enter Canada on a tourist visa then apply for family class sponsorship and PR when we arrive. We can remain in Canada whilst this is being processed and it is also legal for us to stay past the 6 months expiry of our tourist visa if the paperwork takes longer than 6 months.

Many thanks for your time

Yes, perfectly legal for you to enter on tourist visa and the sponsor from Inland. If you with to gain 'implied' status you can also file an OWP with your Inland application and you yourself with have status, but I think you would need to extend your visit for the children, which shouldn't be a problem for the CiC perspective. A senior member may know more than I do, but all of what you have said is correct.

 

[Dawnie]

Thanks so much for this

I fully intend to apply for an OWP at the same time as filing the inland application. I think I read it somewhere that the OWP comes through earlier than the visa and PR, do you know if this is true? I have no problems remaining in Canada while everything is processed and I didn't want to work for the first 6 months after I arrive with the children so I can help them settle into their new routine. However, after that 6 months I'd very much like to start working, part time to begin with. I wouldn't like to have to wait up to 18 months to get an OWP so wondered if anyone had any experience of the processing time in relation to this?

And finally, inland processing times. I'm reading it elsewhere, other than the CIC website, that straight forward applications that are filled in correctly, have all the supporting documentation, don't require a great deal of investigation, and that include dependent children can take as little as 6 months. I know you guys are the right ones to ask about this

Again, many thanks for the replies

 

[PMM]

Hi

Thank you for the reply.

Can I just clarify that I'm reading all this right with you guys: I am a British citizen, will be married to a Canadian, and it is perfectly legal for me and my children to enter Canada on a tourist visa then apply for family class sponsorship and PR when we arrive. We can remain in Canada whilst this is being processed and it is also legal for us to stay past the 6 months expiry of our tourist visa if the paperwork takes longer than 6 months.

Many thanks for your time

Unless you have sole custody of the children and the ability to remove them from the UK, you might find that without that permission, you will not be allowed to bring them into Canada. Canada is a signatory to the Haque Convention.

 

[Dawnie]

I will have sole custody of my children when I leave the UK and the legal right to remove them. I'm busy dealing with this right now and will have all the legal paperwork to file with the inland application

 

[canuck_in_uk]

I fully intend to apply for an OWP at the same time as filing the inland application. I think I read it somewhere that the OWP comes through earlier than the visa and PR, do you know if this is true? I have no problems remaining in Canada while everything is processed and I didn't want to work for the first 6 months after I arrive with the children so I can help them settle into their new routine. However, after that 6 months I'd very much like to start working, part time to begin with. I wouldn't like to have to wait up to 18 months to get an OWP so wondered if anyone had any experience of the processing time in relation to this?

And finally, inland processing times. I'm reading it elsewhere, other than the CIC website, that straight forward applications that are filled in correctly, have all the supporting documentation, don't require a great deal of investigation, and that include dependent children can take as little as 6 months. I know you guys are the right ones to ask about this

I would suggest that you consider applying outland through London. It will take about 10 months to get sponsor approval and the OWP. It is then another 8 months to actually get PR. There is NO WAY that an inland app will be processed in 6 months, someone is giving you incorrect information.

Outland, you will most likely have your PR before that 10 months.

 

[Dawnie]

Thank you but due to personal circumstances I have to leave the UK at the end of November and head to Canada.

I'm guessing I can't file an outland application through London before my departure?

 

[canuck_in_uk]

Thank you but due to personal circumstances I have to leave the UK at the end of November and head to Canada.

I'm guessing I can't file an outland application through London before my departure?

Actually, you can file outland from anywhere in the world, even in Canada. You can file outland and then go to Canada or go to Canada first and file outland once you arrive.

 

[Dawnie]

Oh that's brilliant news

I thought it would be only classed as outland if I was still in the UK and had a UK address.

But it's which office I send it via. Excellent, I'll make sure we fill in an outland application and file it via London.

Thank you soooo much for your help, I really appreciate it

 

[canuck_in_uk]

Oh that's brilliant news

I thought it would be only classed as outland if I was still in the UK and had a UK address.

But it's which office I send it via. Excellent, I'll make sure we fill in an outland application and file it via London.

Thank you soooo much for your help, I really appreciate it

Happy to help .

You send the entire application first to Mississauga, Ontario. Once the sponsor is approved (about a month right now), they send the app to London. Though London says 10 months, most apps get through faster than the posted processing times.

Check out the London thread and spreadsheet. Lots of good info and helpful people

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.11490.html
https://docs.google.com/spreadsheet/ccc?key=0AvI5l_hMO7UKdHc2LUJuZ2Itcld2Vk1WR25GeVZxYVE#gid=0

 

[Dawnie]

Thank you, thank you, thank you