Dependents of Principal Applicants - How does landing work?

[FlashG]

Senior Members ?

How do you interpret the following statement ? It is from OPs Bulletin 2, Processing Members of the Family Class, Item 17. Referring to visa officers issuing visas.

"Explain in writing that all family members must travel with the principal applicant, or follow before
the expiry date on their visas. Family members, who arrive in Canada before the principal
applicant, will not become permanent residents"

In our case, my step-daughter is here in Canada studying with a study permit and Temporary Visa. What should we do to allow her to be included in her mom's application for PR ? We included her initially as non-accompanying and realize now that was a mistake. We want to know if we can request that be changed now to "accompanying". But,

1) Will she need to return to China, then "accompany" her mom? But she has already been in Canada, is that a problem?
2) Instead can she flagpole after her mom's arrival, so she arrives a second time but under her new PR visa and not the TRV ? Would this still be consistent with the OPs bulletin statement?

Confused about our path.

 

[Leon]

You can ask to change her status to accompanying.

She can land any time after the mother has landed so yes, she can go and flagpole at some point after the mother has landed but before her PR visa expires.

 

[FlashG]

Thanks Leon (and Scylla),

So if my step-daughter is here already, but under a study permit/visa she is not considered to be landed ? Is that right ? It is in reference to a PR Visa ?

 

[FlashG]

Hi,

Thanks for the calming advice, feeling a little less stressed now.

Any idea how long a procedural change for a dependent from "non-accompanying" to "accompanying" would take? We have paid the fees and done everything required already (as they requested- this is why I am so confused when her passport didn't get a visa and COPR).

 

[Leon]

The reason she didn't get a visa was because you listed her as not accompanying. Non-accompanying dependents do not get a PR visa but because you got her medicals, you have kept the option to sponsor her later.

You now have two options. Either you send the passports back and state that you made a mistake and want to change her status to accompanying. Since they already did her medicals and background checks, it may not take too long to issue her a visa but who knows. Or the other option is, let her mother land in Canada and then sponsor her. She is already in Canada studying on a study permit so even if it takes several months to process her sponsorship, she will still be with you in Canada. However, the sooner she becomes a PR, the sooner you can request PR tuition fees instead of the higher fees for an international student.

 

[FlashG]

I had a look at the CIC website and the current processing times for living In-Canada Sponsorships are:

Step 1 - 6 months
Step 2 - 8 months

Step 1+ Step 2 = 14 months. Maybe it would be quicker due to the previous application, but maybe not.

Based on extra university International Fees of approx. $4000 per term (!) that amounts to a huge amount of money. So I expect we will need to take our other option and hope for a speedy turn-around.

 

[Leon]

I had a look at the CIC website and the current processing times for living In-Canada Sponsorships are:

Step 1 - 6 months
Step 2 - 8 months

Step 1+ Step 2 = 14 months. Maybe it would be quicker due to the previous application, but maybe not.

Based on extra university International Fees of approx. $4000 per term (!) that amounts to a huge amount of money. So I expect we will need to take our other option and hope for a speedy turn-around.

You can not sponsor a child in-Canada. This is another one of immigrations peculiarities. You can sponsor a spouse in-Canada but not a child by itself. Also, inland and outland sponsorship doesn't necessarily depend on where you are except for inland, the person must be in Canada but for outland, they can be outside or inside Canada. Therefore, in this case, if you sponsor the daughter after the fact, you will apply outland through the visa office in her home country.

 

[FlashG]

Does anyone know what happens if a correction needs to be made to a COPR/Visa before landing?

I assume that they would correct information on the COPR, but that the Visa would be unlikely to change (?) and it is glued into in the passport anyhow.

We are requesting a change for the dependent from "non-accompanying" to "accompanying". This only shows on the COPR which is on a separate page and could be reprinted.

 

[abscott]

The reason she didn't get a visa was because you listed her as not accompanying. Non-accompanying dependents do not get a PR visa but because you got her medicals, you have kept the option to sponsor her later.

You now have two options. Either you send the passports back and state that you made a mistake and want to change her status to accompanying. Since they already did her medicals and background checks, it may not take too long to issue her a visa but who knows. Or the other option is, let her mother land in Canada and then sponsor her. She is already in Canada studying on a study permit so even if it takes several months to process her sponsorship, she will still be with you in Canada. However, the sooner she becomes a PR, the sooner you can request PR tuition fees instead of the higher fees for an international student.

Hi Leon please help me on this...

Could we put my eldest son, 23 y/o, to be accompanying if he is enrolled now as 1st yr college in a 1yr-course on Hotel and Hospitality Management at Canadian Hotel and Tourism Institute. Because I've known from a woman I've met when we had our medical yesterday about this case with her son who is now 25 y/o but still in college to be accompanying to them...

Thanks a lot...

I just wonder if we could, if not how can we get him in the future?

God bless...

abscott

 

[Leon]

Hi Leon please help me on this...

Could we put my eldest son, 23 y/o, to be accompanying if he is enrolled now as 1st yr college in a 1yr-course on Hotel and Hospitality Management at Canadian Hotel and Tourism Institute. Because I've known from a woman I've met when we had our medical yesterday about this case with her son who is now 25 y/o but still in college to be accompanying to them...

Thanks a lot...

I just wonder if we could, if not how can we get him in the future?

God bless...

abscott

If he was a full time student since before the age of 22 and is financially dependent on you, you can include him on your application. However, because he is over 22, he needs to continue to be a full time student until he gets his PR. He also can not get married or enter into a common law relationship before getting his PR.

If you are unable to include him, your only chance to sponsor him would be if you move to Manitoba or Saskatchewan and sponsor him under family stream. There are different requirements to do that. He must have completed some training, must have a year or 2 of work experience and you must have been living in that province for 1 year. There are also requirements for funds and Saskatchewan also requires that he have a job offer.

 

[abscott]

If he was a full time student since before the age of 22 and is financially dependent on you, you can include him on your application. However, because he is over 22, he needs to continue to be a full time student until he gets his PR. He also can not get married or enter into a common law relationship before getting his PR.

If you are unable to include him, your only chance to sponsor him would be if you move to Manitoba or Saskatchewan and sponsor him under family stream. There are different requirements to do that. He must have completed some training, must have a year or 2 of work experience and you must have been living in that province for 1 year. There are also requirements for funds and Saskatchewan also requires that he have a job offer.

But if he is enrolled now can we include him as accompanying? If we do that, will there be a chance for him to get a visa too?

If we stay only in Toronto, can we not sponsor him later?

 

[Leon]

But if he is enrolled now can we include him as accompanying? If we do that, will there be a chance for him to get a visa too?

If we stay only in Toronto, can we not sponsor him later?

Was he a full time student since before the age of 22? If he was not and they ask you to prove it, what will you do?

Since Toronto is in Ontario and Ontario PNP does not have family stream, you can not sponsor him later if you stay in Toronto.

 

[abscott]

Was he a full time student since before the age of 22? If he was not and they ask you to prove it, what will you do?

Since Toronto is in Ontario and Ontario PNP does not have family stream, you can not sponsor him later if you stay in Toronto.

What do you mean by this Leon "because he is over 22, he needs to continue to be a full time student until he gets his PR."?

Where is he suppose to continue, here in the Philippines? then after a year he will graduate already because he is taking 1 yr course only, then what shall we do next? Could we sponsor him in another category if not in the family stream?like for example working?

 

[Leon]

When you immigrate, you can only bring your spouse and dependent children with you.

The definition of a dependent child is under 22 and not married.

There is an exception made for a child who is over 22 if they are a full time student since before the age of 22 and financially dependent on their parents. If the child is no longer a student, they are no longer a dependent child and will not get PR with their family. That is what happens if you include your son now and he graduates and starts working before he gets the PR. That is, he wont get it. In order to get it, he would have to continue to study until he gets the PR.

If you want to sponsor him as a worker, you would have to open a business in Canada and hire him. In order to help him immigrate that way, he would have to qualify under some immigration class. Most immigration classes these days are based on job offers so if you can give him that, that would be good. You would however have to advertise the job openly in Canada and prove that you could not find any Canadians who were qualified and willing to do it.

 

[abscott]

When you immigrate, you can only bring your spouse and dependent children with you.

The definition of a dependent child is under 22 and not married.

There is an exception made for a child who is over 22 if they are a full time student since before the age of 22 and financially dependent on their parents. If the child is no longer a student, they are no longer a dependent child and will not get PR with their family. That is what happens if you include your son now and he graduates and starts working before he gets the PR. That is, he wont get it. In order to get it, he would have to continue to study until he gets the PR.

If you want to sponsor him as a worker, you would have to open a business in Canada and hire him. In order to help him immigrate that way, he would have to qualify under some immigration class. Most immigration classes these days are based on job offers so if you can give him that, that would be good. You would however have to advertise the job openly in Canada and prove that you could not find any Canadians who were qualified and willing to do it.

1. If he is enrolled now in a 1 yr course only at Canadian Institute, then graduate there after 1 yr and starts working here in Manila, how can he get his PR?

2. Do we have to pay for him in the application? meaning that $75 for the 22 y/o above?