Can a stepfather sponsor dependent child

[ssy81]

Hi experts,
Our PR application was approved by VO (we received email confirming this last June 2016),pending obtaining final court decision permitting the immigration of my daughter. Said court decision takes a very long time.
I wonder if it's a good idea to inform the VO that I wish to remove my child from our present PR application.
In this way, the other members of my family will obtain the immigration visas before our medicals and PCC expire .
The plan is, I and my son will make a short landing then return to my home country to stay with my other child.
My husband will stay in Canada . Can my husband (stepfather of the child)be her sponsor while the mother is outside Canada?
If yes- is it compulsory that he will have minimum income before he initiates the procedure?
Few more questions :
-is immigration visa processing for minors faster than i.e. sponsoring a spouse?
- what is the chance of visiting visa refusal if a minor child applies to visit her mother & family in Canada?
- can my daughter obtain study permit while she is visiting us in Canada (she is 13 years old)?
- will her tuition fees using such study permit be like for international students i.e. no access to public education?
Thank you in advance

 

[zardoz]

Hi experts,
Our PR application was approved by VO (we received email confirming this last June 2016),pending obtaining final court decision permitting the immigration of my daughter. Said court decision takes a very long time.
I wonder if it's a good idea to inform the VO that I wish to remove my child from our present PR application.
In this way, the other members of my family will obtain the immigration visas before our medicals and PCC expire .
The plan is, I and my son will make a short landing then return to my home country to stay with my other child.
My husband will stay in Canada . Can my husband (stepfather of the child)be her sponsor while the mother is outside Canada?
If yes- is it compulsory that he will have minimum income before he initiates the procedure?
Few more questions :
-is immigration visa processing for minors faster than i.e. sponsoring a spouse?
- what is the chance of visiting visa refusal if a minor child applies to visit her mother & family in Canada?
- can my daughter obtain study permit while she is visiting us in Canada (she is 13 years old)?
- will her tuition fees using such study permit be like for international students i.e. no access to public education?
Thank you in advance

You can't "remove" the child from your application. All you can do is request that the child be non-accompanying. This still means that all the medicals etc have to be completed and up to date for the child. IRCC will not issue COPR documents to anyone until all the process is complete. They may require that the court decision is made, even for a non-accompanying child.
I'm unsure about a step-child being sponsored in isolation. Normally they would be included as a dependent of the eligible Principal Applicant, you, in this case.

 

[ssy81]

We already passed the medical tests in March 2016, including my daughter.
My question is, shall I change my daughter to non accompanying dependant, as the court delays the immigration of the whole family
The court decision is to substitute the father's lack of consent for child immigration to Canada. actually I won the court case, but they are dragging the enforcement due to very slow law enforcement in my country .
I provided to VO court decision that I'm the custodial parent since 2006 (when we divorced) but they still need the permit a minor to immigrate

Experts, please share your thoughts

 

[Rob_TO]

My husband will stay in Canada . Can my husband (stepfather of the child)be her sponsor while the mother is outside Canada?

I don't think you can sponsor step-children directly, just like you can't sponsor step-parents.

So if you move her to non-accompanying, then YOU will need to sponsor her later on after becoming PR. And as a PR, you MUST be physically residing in Canada to submit the app and then stay in Canada during processing. So if your daughter couldn't come to Canada as a visitor, you may need to be separated from her for a while.

If yes- is it compulsory that he will have minimum income before he initiates the procedure?

There is no minimum income required to sponsor your child.

-is immigration visa processing for minors faster than i.e. sponsoring a spouse?

Should be a bit quicker, but really depends on visa office.

what is the chance of visiting visa refusal if a minor child applies to visit her mother & family in Canada?

Many children's TRVs are refused since CIC believes they would stay in Canada even after TRV expires. If TRV is refused can also try a TRP (though not sure success rate).

- can my daughter obtain study permit while she is visiting us in Canada (she is 13 years old)?
- will her tuition fees using such study permit be like for international students i.e. no access to public education?

Possibly, and yes would most likely need to pay expensive international student fees to the school.

 

[ssy81]

Rob TO, thank you very much for your replies.

Seems we better wait to obtain the final court decision and immigrate together. Can the VO close / reject our application due to us delaying to provide the final court decision? If VO plans to reject the application, will they inform us by giving us a deadline, or I will learn about the rejection by checking my ECas?
I.e. can unresolved custody issues be a reason for visa rejection.
Your and other experts' feedback is highly appreciated.

 

[Rob_TO]

Rob TO, thank you very much for your replies.

Seems we better wait to obtain the final court decision and immigrate together. Can the VO close / reject our application due to us delaying to provide the final court decision? If VO plans to reject the application, will they inform us by giving us a deadline, or I will learn about the rejection by checking my ECas?
I.e. can unresolved custody issues be a reason for visa rejection.
Your and other experts' feedback is highly appreciated.

I would keep the visa office updated with your court process, showing reason for delays and that you are actively trying to get everything resolved. While CIC is supposed to inform you on key dates to receive documents by, there are cases where they simply cancel an app after not receiving requested info. Sometimes applicants are not notified in advance due to one reason or another.

I doubt they would outright cancel an app due to this, but really you never know as it depends on the visa officer.

Your original plan of switching her to non-accompanying may still be a good option, as long as you are confident she could get a TRV or TRP to come to Canada after the fact when you are ready to sponsor her. You may want to check in the visitors section of this forum, on others experiences with children's TRVs from your home country.

 

[ssy81]

Rob, thanks again for your advice.
I doubt I can prove to VO that my child has sufficient ties to the home country, due to both her parents live abroad at the time of filing a TRV application. The TRV will be applied for very soon after the sponsor's arrival to Canada, which may have negative impact too.
I couldn't find any helpful information about minors sponsorship in the country-specific forum.
Also, reading CBC news, it seems unlikely Canada to drop the visa requirements for my country anytime soon ( it's one of the 2 EU countries whose nationals need visa to enter Canada)
I will continue updating the VO on the court progress at least once a month.
Being separated from my child for 16 months seems too long...(current average processing time for outland family sponsorship )

 

[Rob_TO]

Being separated from my child for 16 months seems too long...(current average processing time for outland family sponsorship )

Remember that the posted visa office times on CIC site are more worst-case times, not averages. Also they more reflect spousal sponsorship which usually has more steps and checks than dependent child. So I don't think it would take anywhere close to the full time posted.

Also if TRV fails, people have then successfully gotten their children here on TRPs.

 

[krissahagun07]

Hi there i have some question somehow related to this thread. My question is i have a non accompanying step child whom we would like to start processing her application, what is the best solution for the problem? Based on your knowledge or people you’ve known experience the same situation?