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.

 

[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.

 

[Pippin]

I don't know your religious reasons for wanting to have your delivery in India, but would all your problems be solved by staying in Canada, delivering your baby here, then going to India for a visit and having your celebrations?

 

[PK2012]

Hi Pippin,
Its more of a function for the wud be mother, which is the religious part and its performed on the 7th/8th month as a blessing for the
mother and also for the baby and probably could also be done in canada.
but theres also the fact that over there we have not been able to set up base in full flow yet and there is no family or no one we know
near by to help us out during this time. Whereas here there are way too many people so its definitely a lot easier and convenient to have the delivery here.
so was wondering if theres anyway out for all my above questions cos if not then i obviously will have no choice but to go back to canada
for delivery

 

[Pippin]

I don't have any more answers, but I think you are going to have to make a decision whether or not Canadian residence is important to you. With nearly five years to settle already, there must be something holding you back. I wish you a healthy, safe delivery, where ever you choose to be. Much happiness.

 

[NBaker]

As a person with PR status you would be allowed to enter Canada if you sought to enter even if the officer were to write a report for failing to maintain residency requirements. There would then be a hearing in due course that could result in loss of permanent residence or on appeal a stay of removal be granted with conditions. If that were the case you would want to be certain that residency is maintained.

For your yet to be born child it is not possible to apply to sponsor prior to birth. Since you continue to be a PR even if residency is not met until a final decision is made on any report that might be written both you and your spouse may apply to sponsor the child. Of course a visitor visa would be required prior to seeking entry to Canada if a PR visa is not first obtained. Then an application might be made from within Canada on H&C grounds out of consideration of the best interests of the child.

If it is you genuine intention to take up permanent residence in Canada you and your spouse need to gather all documentation related to why it is you yourself have not been in Canada. H&C factors may be considered in your situation as well, but evidence is required and no guarantee that a report would not be written against you.