Initially sponsored spouse without dependent, but then circumstances changed - options?

[adoniram.j.palmer]

Hello - I've combed IRCC's website and search engines, and I think I understand but would appreciate some validation either way.

I'm a Canadian citizen living with my family in the U.S., and I've sponsored my wife for permanent residency. Based on average processing times, we expect she'll be approved sooner than later at this point. At the time she applied, we said neither of her children/my stepchildren (ages 21 and 18) would accompany us because they'd already made other plans for their futures and didn't want to come with us.

Since then, circumstances have changed for the 18-year-old, and now he wants to come with us after all. We've decided to stay the course and see my wife's application through until the end, then start the process of sponsoring my stepson.

Given the choice, our preference would be to move (with my stepson) upon approval of my wife's PR, and then sponsor inland. If I understand correctly, we could accomplish this by having my stepson apply for/receive a TRV and "visit" us for the period of time it takes for his PR to be approved, which hopefully would be within six months or else request an extension.

However, I want to have a rock-solid understanding of the legal framework here, as nothing causes me more stress than imagining rolling up to the border with three of us and everything we own in a moving truck only to encounter trouble or even be turned away; we want the absolute smoothest crossing possible.

I imagine we would simply be honest with the border agent that our stepson will be living with us temporarily while he pursues permanent residency. Is this indeed an acceptable use case for a TRV? Are there any other considerations? Am I completely wrong about the whole thing?

Thank you.

 

[scylla]

Hello - I've combed IRCC's website and search engines, and I think I understand but would appreciate some validation either way.

I'm a Canadian citizen living with my family in the U.S., and I've sponsored my wife for permanent residency. Based on average processing times, we expect she'll be approved sooner than later at this point. At the time she applied, we said neither of her children/my stepchildren (ages 21 and 18) would accompany us because they'd already made other plans for their futures and didn't want to come with us.

Since then, circumstances have changed for the 18-year-old, and now he wants to come with us after all. We've decided to stay the course and see my wife's application through until the end, then start the process of sponsoring my stepson.

Given the choice, our preference would be to move (with my stepson) upon approval of my wife's PR, and then sponsor inland. If I understand correctly, we could accomplish this by having my stepson apply for/receive a TRV and "visit" us for the period of time it takes for his PR to be approved, which hopefully would be within six months or else request an extension.

However, I want to have a rock-solid understanding of the legal framework here, as nothing causes me more stress than imagining rolling up to the border with three of us and everything we own in a moving truck only to encounter trouble or even be turned away; we want the absolute smoothest crossing possible.

I imagine we would simply be honest with the border agent that our stepson will be living with us temporarily while he pursues permanent residency. Is this indeed an acceptable use case for a TRV? Are there any other considerations? Am I completely wrong about the whole thing?

Thank you.

Ultimately it's always up to CBSA whether a visitor is allowed into Canada. Visitors are also not supposed to "move" to Canada or be bringing all of their personal belongings. From a legal framework perspective, your stepson does not have the right to enter Canada. Whether he is allowed in and for how long is up to CBSA. Having said that, entirely possible you'll have absolutely no issues.

The application to sponsor him will be an outland application. He can be in Canada while that is processed.

Reasons to add him as accompanying to your spouse's application vs sponsoring later are things like immediate access to health care coverage, ability to work, and ability to study at the post secondary level without risk of being classified as as an international student.

 

[armoured]

I imagine we would simply be honest with the border agent that our stepson will be living with us temporarily while he pursues permanent residency. Is this indeed an acceptable use case for a TRV? Are there any other considerations? Am I completely wrong about the whole thing?

As outlined above by @scylla , you're not wrong, either approach is fine basically - to a large degree a matter of choice. The main differences are that a) adding the kid now might add some time to your wife's app, throwing your moving plans off a bit; and b) the kid would be able to get health care, study, work, etc., with full rights as a PR if you add him before he comes (whereas a new file of sponsoring a dependent means ... 6-12 months? I'm guessing really).

As a related thing: I'd really, really encourage you all to have a talk with the kid who's 21. This is his/her last chance, can't be sponsored by you or your spouse once they hit 22. And honestly, at that age, the best thing to do (this is my opinion of course) is to include the 21-year old NOW, have that kid land and become a PR, and he/she can leave and never come back if they want. BUT: if that kid decides within 2-3 years that hey, maybe would like to work/study/live in Canada even to try it out, just for a while, it's sorted - no issues whatsoever. If the kid doesn't remain in Canada, doesn't end up moving here - well, in three years or so it may make sense for that kid to renounce the PR status. No harm, no foul, basically. But that can be decided later. (Renouncing when the time comes will lose the status but avoid issues and questions about the residency obligation when visiting - basically).

Obviously if you can talk that kid into it - yes, it would add some time in processing, but likely not that much (they've done the medicals and all that). [All of this applies to the 18 year old too, really, except for the bit about being so close to the 22 year old cutoff.]