Children Sponsorship..........

[SRanjan]

Hi,

I am a PR holder and right now I am in Dubai. My wife is in Canada. We have taken a house on rent and my wife is expected to deliver our second kid on Dec 2013. I will be on and off to Edmonton. We went to Edmonton on August 26th 2013.
I was there in Edmonton for 16 days. And again I will be joining my wife on Nov 14th 2013.
We are planning to come back to Dubai in End of December 2013. But we will continue the flat rental. Again we will be going back to Edmonton between June 2014 end and July 2014 mid.

The question is whether in the mean time I can apply for my first kid's PR who born in Dubai in 2011. she is 21 months old. If yes what I have do, if no then when I can apply for the same.

I contacted some lawyer in Mississauga, they told me I can apply and the case can be through in 8-10 months. Is it correct or they are just fooling. me. My daughter is in India now with my relatives.

 

[scylla]

Yes - the application can take a number of months.

Also, either you or your wife must be living in Canada in order to qualify to sponsor your child. This means that you must be in Canada when the application is submitted and must remain in Canada until the application is approved. Occassional short (three week) trips outside of Canada are OK. If you leave for longer (e.g. two months or more), then you risk having the application refused due to non-residency. This means that you can't both return to Dubai from December 2013 to June 2014 if you want to sponsor your child. One of you will have to remain in Canada.

 

[SRanjan]

Thanks for the quick reply. As you have suggested the application will be approved....but how they will be able to know that we are out of Canada. Are they do inquiry for the same or because my sister will be there at my rented flat. If any correspondence comes we can reply to that or if they require our presence then we can travel immediately. Do you think in this way we can manage the things.

In the site the time mentioned is 12 months, as my daughter is in India. But the lawyer is telling it can be done in 6 -10 months. which one is correct? Can I consider it as 10 months.

 

[scylla]

Thanks for the quick reply. As you have suggested the application will be approved....but how they will be able to know that we are out of Canada. Are they do inquiry for the same or because my sister will be there at my rented flat. If any correspondence comes we can reply to that or if they require our presence then we can travel immediately. Do you think in this way we can manage the things.

In the site the time mentioned is 12 months, as my daughter is in India. But the lawyer is telling it can be done in 6 -10 months. which one is correct? Can I consider it as 10 months.

The time mentioned on the web site is how long it took for CIC to complete processing for 80% of applications. So yes, lots of people get through in 6-10 months. And it's quite possible a dependent child will get through even faster.

No - I don't think you can manage things as you have planned. There is definitely a chance CIC will find out and refuse the application. We have seen cases on this forum where people tried what you have suggested and it failed. You can certainly try - but understand that it's quite possible the application will be refused and you'll have to apply again from scratch. It's very important that one of you really be living here.

 

[SRanjan]

The time mentioned on the web site is how long it took for CIC to complete processing for 80% of applications. So yes, lots of people get through in 6-10 months. And it's quite possible a dependent child will get through even faster.

No - I don't think you can manage things as you have planned. There is definitely a chance CIC will find out and refuse the application. We have seen cases on this forum where people tried what you have suggested and it failed. You can certainly try - but understand that it's quite possible the application will be refused and you'll have to apply again from scratch. It's very important that one of you really be living here.

Thanks a lot for your reply..... we will try to get the stay arranged in between......

 

[SRanjan]

What is the possibility of getting my one and half years dependent child PR through in 6/7 months time......

 

[zardoz]

Thanks a lot for your reply..... we will try to get the stay arranged in between......

Just so that you are fully aware, if you DO attempt to sponsor while not residing as a PR inside Canada, this is "misrepresentation". Not only will they cancel the application but it could also have other negative side-effects.

From http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

5.35. Misrepresentation
Permanent resident sponsor
If a permanent resident sponsor misrepresents a material fact on their application to
sponsor, they can be found to have misrepresented pursuant to A40(a). This could
result in the sponsored relative being found inadmissible pursuant to A40(b) and the
permanent resident sponsor could be removed from Canada and be found
inadmissible for a period of 2 years from the date of removal.

Also see http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf - Section 9.