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Can children return to the US for a visit after PR appl. has been sent in ?

Rosey520

Newbie
Aug 10, 2009
7
0
I sponsored my husband and his 2 children for a spousal visa and PR. The paperwork was sent in on July 29, 2010 so it's obviously a long way from being processed. My husband has full custody of his children but the rest of their family lives in the US. They've been here in Canada since August, 2009 and of course we've requested extensions of visitor status as needed. The children's birth mother would like the boys to return to the US for a couple of months over summer vacation but I've found conflicting information about whether or not they can travel back and forth. The last thing I'd want is to fly them to VA and have them denied re-entry into Canada after their visit. Can somebody please clarify what the rules are ? If they aren't allowed to leave Canada after the application process has started could I please have the website so I can print it out and send it to their mother so she doesn't think we're refusing her the right to see her children? I've told their mother several times that she's welcome to visit them here anytime she'd like but so far she's adament they need to return to the US to visit her.

Thank you in advance for your help !
 

rjessome

VIP Member
Feb 24, 2009
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Rosey520 said:
I sponsored my husband and his 2 children for a spousal visa and PR. The paperwork was sent in on July 29, 2010 so it's obviously a long way from being processed. My husband has full custody of his children but the rest of their family lives in the US. They've been here in Canada since August, 2009 and of course we've requested extensions of visitor status as needed. The children's birth mother would like the boys to return to the US for a couple of months over summer vacation but I've found conflicting information about whether or not they can travel back and forth. The last thing I'd want is to fly them to VA and have them denied re-entry into Canada after their visit. Can somebody please clarify what the rules are ? If they aren't allowed to leave Canada after the application process has started could I please have the website so I can print it out and send it to their mother so she doesn't think we're refusing her the right to see her children? I've told their mother several times that she's welcome to visit them here anytime she'd like but so far she's adament they need to return to the US to visit her.

Thank you in advance for your help !
Is this an inland or outland application?
 

Siouxie

Hero Member
Sep 15, 2008
273
31
Ontario
Visa Office......
Vegreville / London UK
App. Filed.......
16-02-2005
LANDED..........
26=01=2010
If you allow the children to leave for a visit to their birth mother, they run the risk of not being allowed back into Canada. Actually, my biggest concern would be that she would refuse to return them to Canada...

I believe that if they were refused entry back into Canada it could invalidate the original application for PR (inland processing) but could possibly be changed to the children being processed overseas.

Please see: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

5.28. Applicants who leave Canada before a final decision is taken on their application for permanent residence

An applicant's departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.

A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).

Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)].

It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).

There is a lot of information on Dependant Children in the manual which you could read.

5.10. Accompanying dependent children

For purposes of in Canada processing, accompanying dependent children are children listed on the application who are applying for permanent residence and:

• reside in Canada; or
• reside outside Canada, but will join the applicant if permanent resident status is received.

5.11. Dependent children living outside Canada

For dependent children living outside Canada, the CPC-V will forward a copy of the permanent residence application listing the dependent children and their relevant contact information to the responsible visa office for verification of the relationship, once the sponsor and applicant have been assessed and approved against eligibility requirements.

The visa office will determine admissibility of dependent children outside Canada, conduct interviews if necessary and advise the CPC-V of the outcome by updating the electronic record. The CPC then informs the CIC responsible for the applicant's place of residence that permanent residence may be granted. Once the CIC has granted permanent residence to the principal applicant, it will notify the visa office, which will issue permanent resident visas to the overseas dependent children who are seeking permanent residence.

If their mother refused to return them and then refused to take them for medicals etc., they would not be granted PR visa's and in fact it could make them inadmissible.

5.12. Dependent children in the sole custody of a former or separated spouse/common-law partner

The Regulations create an exception regarding the admissibility requirements for principal applicants when their children are in the sole custody of a separated or former spouse or common-law partner. Applicants must however provide documentary proof of the custody arrangements.

The CPC or the CIC may insist on a child being examined if it believes that custody arrangements are not genuine, but rather, that they were entered into in order to facilitate the applicant's permanent residence in Canada by hiding the child's inadmissibility. If an applicant lists a child in the sole custody of a separated or former spouse or common-law partner, it is appropriate to inform applicants that:

• children who are not examined cannot later be sponsored as members of the family class, despite any future changes in custody arrangements (see Section 5.26 on excluded relationships);

I think under the circumstances, it would be far better to wait until the children have their Permanant Residence before allowing them to return to the US for a couple of months.

I am sure other's will be able to advise you.
 

Rosey520

Newbie
Aug 10, 2009
7
0
Thank you so much for the information. You're absolutely right about her refusing to send them back and she IS a flight risk if she has the boys. Since posting the original question we found out that their birth mother has a felony conviction in the US and that's why she won't even try to come up here to see them. We were also warned that if she has them, she will run. Now that I have something in print to send her, I'm hoping it will end the argument once and for all. Once residency is granted or denied then all of us can travel to the US and she can have supervised visits with the boys as is outline in the custody aggreement. If they went down there to visit they'd be staying with their grandmother and she would have to go there to see them. Thank you again for saving us alot of trouble !