Child's TRV and Visitor expired - Please Help!!

[tarun27in]

Hi,

I came on a student permit on 2016 and my wife came with me with OWP. My child was 5 years then and received a visitor status document at the pearson airport. At that time, all TRVs were stamped till Nov 30,2018.

Fast forward to June, 2018. I received my PGWP. I applied for extension of my wife's OWP in Oct 2018 which is still under process. And I applied for new TRVs for myself and my child. I got my TRV fine and stamped till the expiry of my PGWP but my child's TRV was approved by stamped only till Nov 30,2018, which was the expiry date of the original TRV we received in 2016. So instead of extension, they just stamped the TRV for the same period. To make the matter worse, I received the passport back today and now my child's status as visitor and her TRV both are expired on Nov 30, 2018

I got in call with CIC agent and she said that I need to restore my child's status as visitor. But she also said that even after restoring the child's status as visitor, the TRV can only be applied from outside Canada. This is absurd.

My question is:

Shall we restore her status as visitor? If yes, is it true that we have to go out of country and then reapply for her TRV from there? I see it as a risk, what if she does not get the TRV for some reason or there are unforeseen delays? That really mean that she cannot travel at all with us.

OR shall I restore and change her status as student? and get study permit? One issue is how do I get the letter of acceptance from a primary school in Toronto? Do they even give that? Once she get her study permit, can we apply for TRV from within Canada for her then?

One last question is, can we speed up any of the above process by flagpoling? We all have valid U.S. visas so we can visit U.S. for a day or two by road.

I know I have so many questions but I am in dire need of help of an expert here

 

[canuck_in_uk]

Hi,

I came on a student permit on 2016 and my wife came with me with OWP. My child was 5 years then and received a visitor status document at the pearson airport. At that time, all TRVs were stamped till Nov 30,2018.

Fast forward to June, 2018. I received my PGWP. I applied for extension of my wife's OWP in Oct 2018 which is still under process. And I applied for new TRVs for myself and my child. I got my TRV fine and stamped till the expiry of my PGWP but my child's TRV was approved by stamped only till Nov 30,2018, which was the expiry date of the original TRV we received in 2016. So instead of extension, they just stamped the TRV for the same period. To make the matter worse, I received the passport back today and now my child's status as visitor and her TRV both are expired on Nov 30, 2018

I got in call with CIC agent and she said that I need to restore my child's status as visitor. But she also said that even after restoring the child's status as visitor, the TRV can only be applied from outside Canada. This is absurd.

My question is:

Shall we restore her status as visitor? If yes, is it true that we have to go out of country and then reapply for her TRV from there? I see it as a risk, what if she does not get the TRV for some reason or there are unforeseen delays? That really mean that she cannot travel at all with us.

OR shall I restore and change her status as student? and get study permit? One issue is how do I get the letter of acceptance from a primary school in Toronto? Do they even give that? Once she get her study permit, can we apply for TRV from within Canada for her then?

One last question is, can we speed up any of the above process by flagpoling? We all have valid U.S. visas so we can visit U.S. for a day or two by road.

I know I have so many questions but I am in dire need of help of an expert here

Hi

A TRV is irrelevant to status in Canada. It is simply a stamp in the passport allowing a person to board a commercial carrier to Canada. When you originally entered, was your child issued a Visitor Record until Nov 30th, 2018? Whether you can apply for Restoration depends on how long of a stay she was given at entry.

 

[tarun27in]

Hi

A TRV is irrelevant to status in Canada. It is simply a stamp in the passport allowing a person to board a commercial carrier to Canada. When you originally entered, was your child issued a Visitor Record until Nov 30th, 2018? Whether you can apply for Restoration depends on how long of a stay she was given at entry.

Yes she was given a visitor status till Nov 30, 2018 when we originally entered in Dec, 2016. Which matched with my student visa and my wife's OWP. Now I have PGWP till 2021 so I believe her extension would be given to that date. Isn't it? Can we flagpole for this extension?

 

[canuck_in_uk]

Yes she was given a visitor status till Nov 30, 2018 when we originally entered in Dec, 2016. Which matched with my student visa and my wife's OWP. Now I have PGWP till 2021 so I believe her extension would be given to that date. Isn't it? Can we flagpole for this extension?

You can try flagpoling and explaining the situation to CBSA; you likely won't have issues but there is never a guarantee. Or you can apply for Restoration.

In future, ensure that you are applying to extend your child's status before expiry.

 

[tarun27in]

You can try flagpoling and explaining the situation to CBSA; you likely won't have issues but there is never a guarantee. Or you can apply for Restoration.

In future, ensure that you are applying to extend your child's status before expiry.

Thanks, We have a valid U.S. Visa so can we just go to the U.S. and come back the same day? Now when my child TRV and Status both expired, is there a possibility that CBSA office won't allow her to enter Canada at all?

 

[canuck_in_uk]

Thanks, We have a valid U.S. Visa so can we just go to the U.S. and come back the same day? Now when my child TRV and Status both expired, is there a possibility that CBSA office won't allow her to enter Canada at all?

You don't even need to enter the US. You just explain to US CBP that you are flagpoling and they turn you back to Canada.

There is always the possibility. However, this is not a situation that warrants such an extreme reaction, as the child has only been out of a status a week and you and your spouse have maintained your status. CBSA is generally not in the habit of splitting up families without reason, so I don't see you having any problems doing this.

 

[tarun27in]

You don't even need to enter the US. You just explain to US CBP that you are flagpoling and they turn you back to Canada.

There is always the possibility. However, this is not a situation that warrants such an extreme reaction, as the child has only been out of a status a week and you and your spouse have maintained your status. CBSA is generally not in the habit of splitting up families without reason, so I don't see you having any problems doing this.

Thank you very much for your prompt responses. One last question I swear Flagpoling is not dependent on TRV, right? My wife has implied status while we are waiting for her new OWP and her TRV also expired on Nov 30. So if I and my family go for the flagpole, would my wife required to have a valid TRV? Can I do the flagpole with my child without my wife?

 

[canuck_in_uk]

Thank you very much for your prompt responses. One last question I swear Flagpoling is not dependent on TRV, right? My wife has implied status while we are waiting for her new OWP and her TRV also expired on Nov 30. So if I and my family go for the flagpole, would my wife required to have a valid TRV? Can I do the flagpole with my child without my wife?

A TRV is not required to flagpole. Go without your wife. She should not leave Canada on Implied Status, as she would re-enter as a visitor and not be allowed to work.