Can I separate my dependent child's application from my spousal sponsorship

[Amy612]

Hi,
I am sponsoring my husband and my dependent child. Their file is In Process from april 10, 2012 in Singapore. It's 1o months now and Singapore 's avg processing time is 21 months. Recently my husband sent an email to Singapore. They replied:
" Right now Your file is with our security officer for review".
My husband is an ex Navy officer. I am wondering are they doing extensive security clearence? I ordered GCMS notes and received first week of July. In notes it said relationship bonafied. There was nothing about the extensive security check. I know no one can say how long it may take for the processing. If it take too much time I would like to separate my son's application from my husband's aplication. So that he can get his PR and land before my husband. My son is two years now and I can not stay without him for long time.
Is there anyone who can tell me is it possible or not? I really appricaite any comments or advice.

 

[PMM]

Hi

Hi,
I am sponsoring my husband and my dependent child. Their file is In Process from april 10, 2012 in Singapore. It's 1o months now and Singapore 's avg processing time is 21 months. Recently my husband sent an email to Singapore. They replied:
" Right now Your file is with our security officer for review".
My husband is an ex Navy officer. I am wondering are they doing extensive security clearence? I ordered GCMS notes and received first week of July. In notes it said relationship bonafied. There was nothing about the extensive security check. I know no one can say how long it may take for the processing. If it take too much time I would like to separate my son's application from my husband's aplication. So that he can get his PR and land before my husband. My son is two years now and I can not stay without him for long time.
Is there anyone who can tell me is it possible or not? I really appricaite any comments or advice.

Basically no you can't. He can probably expect and interview with CSIS.

 

[OhCanadiana]

Just to make sure, you aren't a Canadian citizen, right? There's just been a few cases lately with citizens that didn't realize the process was different for their natural-born children (certificate of citizenship, etc) if one parent was either born in Canada or naturalized prior to the baby's birth. Figure I'd double check my assumptions here....

 

[Amy612]

Hi


Basically no you can't. He can probably expect and interview with CSIS.

PMM,
Thanks for the reply. Is there any way I can start new sponsorship for my son alone?

 

[Amy612]

Just to make sure, you aren't a Canadian citizen, right? There's just been a few cases lately with citizens that didn't realize the process was different for their natural-born children (certificate of citizenship, etc) if one parent was either born in Canada or naturalized prior to the baby's birth. Figure I'd double check my assumptions here....

I am a permanent resident. So I have to stay in Canada for the full rpocessing time. I am finding it very difficult to stay without my son. If my husband's application takes too much time, then I don't know what should I do about my son.

 

[OhCanadiana]

I am a permanent resident. So I have to stay in Canada for the full rpocessing time. I am finding it very difficult to stay without my son. If my husband's application takes too much time, then I don't know what should I do about my son.

Thanks for clarifying. You still have a few options:

You could try to start a new application for him but it would mean starting from the very beginning and explaining the situation (since they do ask if you have any other open applications/undertakings). I don't know that it would necessarily be faster given that you are already 10 months into this one and would recommend exploring other options.

Would a visit help?
You could visit them as long as it is clear that it is just a visit and that you are still living in Canada so you can't wait out the process in Singapore but you can visit them there or in a third country.
Or, they could visit you in Canada for longer period of time (assuming they are citizens of Singapore, they are visa exempt). Your husband can't work in Canada during his visit and would need to go back for any interviews (so be sure someone checks his mail) and they would need to intend to go back to Singapore before their stay expires, but they could visit you for an extended period of time. Usually visa exempt folks get a 6 month duration of stay, which you could always apply to extend should you decide you want to do that once they are in Canada.

 

[Amy612]

Thanks for clarifying. You still have a few options:
You could try to start a new application for him but it would mean starting from the very beginning and explaining the situation (since they do ask if you have any other open applications/undertakings). I don't know that it would necessarily be faster given that you are already 10 months into this one.
Would a visit help?

Thanks for the information. They need TRV to visit me as they are from Bangladesh. My husband refused for his study permit before the sponsorship application. So I don't think he will get visa.
I am thinking of starting a new application.

 

[Leon]

Your husband will still have to pass the clearance before the application can be completed. You can not exclude your husband from the application. He must be listed either as accompanying or non-accompanying and either way, he needs to pass the background checks.

There is another option though. Apply for a TRV for your son to join you. If it is refused, apply for a TRP. A TRP is a temporary visa sometimes granted to people who can not get a TRV but have humanitarian grounds. PR's with young children often seem to be granted TRP's for the child to bring it with them to Canada while it is being sponsored.

 

[RobsLuv]

That's true - I agree with Leon. I don't recommend cancelling your husband's PR ap in favour of a new PR ap just for the child. One thing is that you'd have to wait until the first ap was completely out of the system before you could start a new one, and that might take longer in the end than just continuing with this one. They aren't posting dependent child processing times anymore either, so there's no way to know that it won't take just as long to process your child's ap as it's taking to process your husband's. Assuming that it's taking a long time (or will take a long time) because of his military service is not wise. It will take however long it takes to be done - just leave it as it is and let it run its course.

I think the idea of applying for a temporary visa for your child in the interim, though, is a good one. It's possible that part of the reason TRVs have been refused in the past might be that your husband was included. If you apply for a TRV just for your child, on humanitarian grounds and the in "best interest of a child", it might be approved. Singapore's long processing times could even work to your advantage in this case. Include proof with your application of your ability to provide a home and support for him, and also provide proof of any situation at home in Bangladesh that is detrimental to his well being (for example, if your husband is away from him a lot for work, etc) that would be remedied by his being in Canada with you. Then, once your child is here, make sure you keep applying to extend his TRV so that he can remain with you legally until he is granted PR.

Most adult applicants for PR from non-visa-exempt countries are refused temporary visas to Canada during processing of the PR application due to fear that they will not leave Canada if the application is refused - and, because an adult can usually maintain a life in their home country while waiting for PR, there is not the same "humanitarian and compassionate" considerations that would apply to a child. If you can get your child a TRV, it is safe for you to travel quickly home to pick him up and bring him back to Canada without jeapordizing your sponsorship.

Best of luck.

 

[Amy612]

Your husband will still have to pass the clearance before the application can be completed. You can not exclude your husband from the application. He must be listed either as accompanying or non-accompanying and either way, he needs to pass the background checks.

Leon,
Thanks a lot. Actually I didn't notice that my husband still has to pass background check if I apply for my son separately. I will apply for TRP for my son. By the way do you know if he gets TRP, will he be eligible for health insurence like OHIP?

 

[Amy612]

That's true - I agree with Leon. I don't recommend cancelling your husband's PR ap in favour of a new PR ap just for the child. One thing is that you'd have to wait until the first ap was completely out of the system before you could start a new one, and that might take longer in the end than just continuing with this one. They aren't posting dependent child processing times anymore either, so there's no way to know that it won't take just as long to process your child's ap as it's taking to process your husband's. Assuming that it's taking a long time (or will take a long time) because of his military service is not wise. It will take however long it takes to be done - just leave it as it is and let it run its course.

Robsluv,
Thanks for your advice. My husband was included in my PR application as non accompanying member beccause of his military service. That time it didn't take too much time. I hope for the best.
I applied for TRV for my son with my husband's study permit application and got refused. This time I will apply for TRP for my son only. I am just wondering will he be eligible for OHIP when he is in TRP? Otherwise I will not be able to bear his health insurence, day care cost etc. I am planning to start my PhD from this fall with scholarship and fund will not be sufficient for my two kids.

 

[missmini]

hey everyone sorry to bump in but can i ask: when u apply for visit how do u make sure that they know that u apply for trp instead of trv? aren't the same forms - do u need to mention it in cover letter? all the time we applied (and got refused) i never saw trp application just trv; my understanding was that u can apply for trp only if u r in Canada

we r stage 2 now and plan to apply for trv in some close future which will probably get again rejected; after that we could try the trp route (we do have the grounds); of course it might b rejected too but at least to try

thank u soo much for taking the time and clarifying!!

Amy, good luck!!

 

[Leon]

I do not know if you can apply for a TRP without having tried TRV first unless you know for sure it will be denied. In any case, I know you can apply from outside Canada because I have seen more than one person posting about having been able to get one, for example for a baby they wanted to take with them to Canada in order to sponsor them. Sometimes the embassies tell people about this option and sometimes they don't. I even remember one person saying she was discouraged from applying for it but she still did and she got it.

I do not know if the child would be covered under OHIP. Here: http://www.health.gov.on.ca/english/public/pub/ohip/eligibility.html it seems that some people on TRP's are covered depending on the type of permit so I guess you would have to wait and see if you get the right type.

 

[missmini]

I do not know if you can apply for a TRP without having tried TRV first unless you know for sure it will be denied. In any case, I know you can apply from outside Canada because I have seen more than one person posting about having been able to get one, for example for a baby they wanted to take with them to Canada in order to sponsor them. Sometimes the embassies tell people about this option and sometimes they don't. I even remember one person saying she was discouraged from applying for it but she still did and she got it.

I do not know if the child would be covered under OHIP. Here: http://www.health.gov.on.ca/english/public/pub/ohip/eligibility.html it seems that some people on TRP's are covered depending on the type of permit so I guess you would have to wait and see if you get the right type.

hi Leon thank u for replying and giving some hope; we've already been denied the trv but that was back in 2009-2010; now we could try that again (although the situation did not change much, on the contrary, with a pr in process) or apply for trp directly!! if we try the trv again is it possible to try it at the embassy dealing with his citizenship country (same where they have the spousal application) or we have to send it to the one where we reside? (where he was already rejected before) : thank u again!!

 

[Amy612]

hi Leon thank u for replying and giving some hope; we've already been denied the trv but that was back in 2009-2010; now we could try that again (although the situation did not change much, on the contrary, with a pr in process) or apply for trp directly!! if we try the trv again is it possible to try it at the embassy dealing with his citizenship country (same where they have the spousal application) or we have to send it to the one where we reside? (where he was already rejected before) : thank u again!!

I think I can help you. You have to apply for TRP just like the same as TRV. Which office gives you TRV will process your TRP.