In desperate need for guidance/advice. Senior Members plsssss help us out!! Thnx

[PK2012]

Hello,
We are looking for all the senior members in this forum to help us out with several immigration related issues. first i shall provide a general background and then list the questions. really appreciate all the help here. highly needed urgently.
we are an indian couple and got our PR in dec 2008. however after completing our landing and staying for about a week later had to come back to home country immediately for personal reasons (early jan 2009). also my husband working for an indian software company was sent out on projects in the last three years that also kept us out of canada and hence had been unable to get back to the country. now my husband having got his latest project in toronto, canada managed to complete 5 months of stay last year in 2011 and has once again gone back to toronto since may, so thts two months now. its me (his wife) for health reasons was unable to accompany him and have fallen short of possibly completing the total of 730 days, before my card expires in Jan 2014.
im also now 4 months pregnant and will be having my delivery in india for religious reasons. as my husband is in toronto at the moment ill be visiting him for two months before coming back in sept. i can then go back only in jan as im due by nov end. during this time my husband will be in toronto and will visit me during my delivery. so basically out of the two of us he will surely meet the 730 days but i will not be.
so my first qn for which i need an urgent answer is -

1. if i have my delivery in india i understand that my child will neither be a citizen or get a pr so ive to apply for one. i also have read tht one of the pr parent can sponsor the kid from canada so in this case my husband can. but i wanted to know if applying for TRP is a faster solution??? i know there is no certainity of getting TRP but do u think its better than sponsoring which i found out from the CIC website that for sponsor to be approved its 90 days and adding 6 months processing time for sponsorship of my kid as we are from india, so tht would mean i cant enter canada till july 2013 or so and in the process ill definitely lose out on my PR too.

2. if TRP is a solution then who has to apply, does the husband apply from within canada or can i do it here in india. and trp can be applied only after the kid is born or before??

3. my husband can apply for sponsorship only after kid is born or even now? where does the application have to be submitted?

4. as im falling short of completing 730 days can i still enter the country as my card expired only in jan 2014?

There are so many rules and regulations that its getting increasingly confusing and halting all important decisions. Want to avoid too much tension and stress regarding my PR status and how to bring the kid into the country, especially during this pregnant time.

All help is highly, highly appreciated.

Thank you. PK.

 

[robrod]

More than senior members help, there's actual lawyers out there, you should consult with them. Starting with this forum's sponsor.

 

[cgagnon]

More than senior members help, there's actual lawyers out there, you should consult with them. Starting with this forum's sponsor.

I agree your situation is tricky I would consult.

 

[PK2012]

really? a lawyer?? i didnt think it was that bad as i had read similar questions all over the internet, thought would try my luck here to see what can be done. my bad!
if possible people just go thru my questions once more and see if you can throw any light on them, im sure will be of some help to me.
thank u once again.

 

[CVIF]

Please read answers to your questions in red letters below...

Hello,
We are looking for all the senior members in this forum to help us out with several immigration related issues. first i shall provide a general background and then list the questions. really appreciate all the help here. highly needed urgently.
we are an indian couple and got our PR in dec 2008. however after completing our landing and staying for about a week later had to come back to home country immediately for personal reasons (early jan 2009). also my husband working for an indian software company was sent out on projects in the last three years that also kept us out of canada and hence had been unable to get back to the country. now my husband having got his latest project in toronto, canada managed to complete 5 months of stay last year in 2011 and has once again gone back to toronto since may, so thts two months now. its me (his wife) for health reasons was unable to accompany him and have fallen short of possibly completing the total of 730 days, before my card expires in Jan 2014.
im also now 4 months pregnant and will be having my delivery in india for religious reasons. as my husband is in toronto at the moment ill be visiting him for two months before coming back in sept. i can then go back only in jan as im due by nov end. during this time my husband will be in toronto and will visit me during my delivery. so basically out of the two of us he will surely meet the 730 days but i will not be.
so my first qn for which i need an urgent answer is -

1. if i have my delivery in india i understand that my child will neither be a citizen or get a pr so ive to apply for one. i also have read tht one of the pr parent can sponsor the kid from canada so in this case my husband can. but i wanted to know if applying for TRP is a faster solution??? i know there is no certainity of getting TRP but do u think its better than sponsoring which i found out from the CIC website that for sponsor to be approved its 90 days and adding 6 months processing time for sponsorship of my kid as we are from india, so tht would mean i cant enter canada till july 2013 or so and in the process ill definitely lose out on my PR too.

If you or your husband is Canadian Citizen then no matter where you give birth you child that child will be Canadian. If you or your Husband is not Citizen of Canada and you give birth to child in any other country then Canada then you have to have apply for Immigration process. I am not sure you can sponsor your won child. Please, ask your husband to check with immigration attorney in Canada.

2. if TRP is a solution then who has to apply, does the husband apply from within canada or can i do it here in india. and trp can be applied only after the kid is born or before??
A Temporary Resident Permit (TRP) may be issued, at the discretion of Canadian Immigration Authorities, to individuals who would otherwise be inadmissible to Canada because of health or criminality issues, permitting them to enter or stay in Canada, where justified by compelling circumstances.

In deciding whether or not to issue a Temporary Resident Permit, a Canadian Immigration Visa Officer will weigh the inadmissible person's need to enter or remain in Canada against the health and security risks to the Canadian population.

A Temporary Resident Permit may be issued for a period not to exceed three years and may be extended from inside Canada. The permit is no longer valid if the holder exits Canada, unless re-entry had been authorized at the time of issuance.

In certain circumstances, the holder of a Temporary Resident Permit will be granted Canadian Permanent Resident status in Canada. In this regards, I would say a person who is willing to come Canada he / she has to apply.

3. my husband can apply for sponsorship only after kid is born or even now? where does the application have to be submitted?

This question is related to more common sense. If there is no one available physically then whom your husband will sponsor. For sure after birth of your child...Application must be submitted in Canada

4. as im falling short of completing 730 days can i still enter the country as my card expired only in jan 2014?

You must complete you time if you can not then it is bit risky. At the port you will be asked dozen of questions by the immigration officer and they will deiced to let you in or not

There are so many rules and regulations that its getting increasingly confusing and halting all important decisions. Want to avoid too much tension and stress regarding my PR status and how to bring the kid into the country, especially during this pregnant time.

All help is highly, highly appreciated.

Thank you. PK.

 

[PK2012]

Thank u CVIF for ur reply.
From what ive read so far i think the parent only has to sponsor their spouse/relative/kid from within canada so im assuming in our case my husband will have to do the same.
secondly, regarding TRP then, who has to apply, do i need to apply in my home country or will my husband have to apply in canada and usually how much time does it take to arrive. If i manage to get the TRP then can i take my kid with me and then apply for his/her PR from there, on the basis of this TRP?
Looks like sponsoring takes a lot of time and i dont think i can be here with my kid for that long when my husband is in canada and that is why wanted to try TRP first.
Replies most appreciated. Thanks.

 

[Fencesitter]

The one thing I would STRONGLY recommend is having your child born in Canada. Do you really want to go through all this crap of sponsorship all over again? I, for one, want nothing more to do with CIC after my wife a) gets her PR card and b) gains full citizenship. After that, I'll be sure to send them a nice package of rotten food...

FS