Making the move this time - already PR seeking advice

[walterg74]

Hi again, seeking advice from ppl like Leon and other experts, about a couple of questions I have in order to know thebest course of action.


As a background:

- We got our Visas in mid-2014, valid until April 2015.
- Wife was pregnant at the time, and redoing everything was not really an option for us.
- Weren't really ready to make the move, but went to Canada and did the landing on Sep 2014, stayed for about 8 days and came back home.
- A couple of weeks/months later we got our PR Cards (I had setup a mailing address/box and had them shipped to us)

We have been at our home country since, and we are now thinking of making the move for sure.

Main questions are concerning the baby, as well as time if this gets delayed This was from a previous reply from Leon for that time ago:

As for your baby, CanV has made a good point in that your baby will not automatically get PR. You will have to sponsor her for PR and you must be in Canada in order to do that. This is a pain especially for people who are not visa exempt to Canada. When the time comes that you want to move to Canada, you would have to apply for a visit visa for your child which may be denied based on your intentions not being to visit. If you were to get the visit visa, you can come to Canada with your child and sponsor her for PR but as a visitor, she may not be eligible for health care until she gets her PR. There is another visa you could apply for called a TRP which however means that you would have to do an inland PR sponsorship which takes much longer but also means she would have health care during that time. If you are unsuccessful in getting a visa for your child, you would have to leave your wife and child behind while you go to Canada alone and do the sponsorship which can take months or even years to get processed depending on the visa office.

I assume these above is still the case, right? And with the two Visas types above the difference is with the first she has no health case and I have to provide my own but the sponsorship process takes less time, and with the latter she will have health care but the process will take longer? Is that really the case for the second option, being that as people who would be just settling now we would have a waiting period for the health care anyway?

Can you give me recommendations (I think you had on soe lost post) about how to request these to the local Embasy/Visa office? (I think you had mentioned something about writing a note explaining something or other and asking for the second if they would deny the first?).


I have another possible option. Through my wife it seems we are able to obtain Austrian citizenship. If that were the case, I believe since Austria is one of the countries that has an agreement with Canada, that no Visa is required. In that case, it wouldbe similar to option one but without the need to even get a Visa, right?
Do you think it would pose a problem if we enter with our "normal" passports and our Canadian PR cards, while for her we would have the austrian passport?


On a separate issue, what is the general policy regarding the in-country/out-of-country requirements when re-entering Canada?

I know that the requirements are the total sum in the past 5 years has to be 2 in Canada at least. If we travel any time between now and Sep 2017, we would have spent up to 3 years here, so technically there should be no problem, right?

Now, what happens if something were to delay this longer, and we were to travel say, Nov, Dec, Jan next year, etc.? Can they deny you entry because *you will not* meet the requirement *in the future*, or being that 5 years have not yet passed technically they cannot compute 5 years yet, and therefore should let you enter and you'll be OK as long as you "lay low" and not leave the country until you've been there for 2 years at least..?

Thanks for your help!

 

[steaky]

Although she might have Austrian passport, she cannot travel directly to Canada using that. She must have a valid PR card or PRTD.

 

[canuck_in_uk]

I assume these above is still the case, right? And with the two Visas types above the difference is with the first she has no health case and I have to provide my own but the sponsorship process takes less time, and with the latter she will have health care but the process will take longer? Is that really the case for the second option, being that as people who would be just settling now we would have a waiting period for the health care anyway?

Do you think it would pose a problem if we enter with our "normal" passports and our Canadian PR cards, while for her we would have the austrian passport?

I know that the requirements are the total sum in the past 5 years has to be 2 in Canada at least. If we travel any time between now and Sep 2017, we would have spent up to 3 years here, so technically there should be no problem, right?

Now, what happens if something were to delay this longer, and we were to travel say, Nov, Dec, Jan next year, etc.? Can they deny you entry because *you will not* meet the requirement *in the future*, or being that 5 years have not yet passed technically they cannot compute 5 years yet, and therefore should let you enter and you'll be OK as long as you "lay low" and not leave the country until you've been there for 2 years at least..?

There is no inland option to sponsor a child. Leon was referring to an H&C application. There is no guarantee that the child would be granted healthcare during that time.

It would be fine for the child to enter on an Austrian passport with you. Note that she would need an eTA.

If you return before Sept 2017, you will have no problems in entering.

If you enter after Sept 2017, you will not meet the RO at that time. They will let you enter but may report you for failing to meet the Residency Obligation. As you have no H&C grounds, your PR status would be revoked. If you are not reported, you may remain in Canada and could apply for PR card renewal after 2 years when you once again meet the RO. However, even if you are not reported, you will not be able to sponsor your child until you once again meet the RO.

 

[walterg74]

Although she might have Austrian passport, she cannot travel directly to Canada using that. She must have a valid PR card or PRTD.

Uhm..why would she need a pr card to enter the country when any austrian citizen can enter just fine and remain for 6 months..?

 

[walterg74]

There is no inland option to sponsor a child. Leon was referring to an H&C application. There is no guarantee that the child would be granted healthcare during that time.

It would be fine for the child to enter on an Austrian passport with you. Note that she would need an eTA.

If you return before Sept 2017, you will have no problems in entering.

If you enter after Sept 2017, you will not meet the RO at that time. They will let you enter but may report you for failing to meet the Residency Obligation. As you have no H&C grounds, your PR status would be revoked. If you are not reported, you may remain in Canada and could apply for PR card renewal after 2 years when you once again meet the RO. However, even if you are not reported, you will not be able to sponsor your child until you once again meet the RO.

Thanks,

It's clear to me about both entering while still complying with RO, and entering (or rather trying) after failing to comply.

The only thing that confuses me is your comment: "there is no inland option to sponsor a child".

Aren't I *supposed* to be there for being able to sponsor the child? And if you mean the chikd, would she actually have to stay out and not even be there in a tourist visa or eTA?)

 

[canuck_in_uk]

The only thing that confuses me is your comment: "there is no inland option to sponsor a child".

Aren't I *supposed* to be there for being able to sponsor the child? And if you mean the chikd, would she actually have to stay out and not even be there in a tourist visa or eTA?)

Yes, you need to be in Canada. The child can also be in Canada. However, the application will be processed outland.

 

[walterg74]

Yes, you need to be in Canada. The child can also be in Canada. However, the application will be processed outland.

Ok sorry for the ignorant question, but what does that mean? That I would have to submit the application to the canadian offices in/for our country, or something else..?

 

[canuck_in_uk]

Ok sorry for the ignorant question, but what does that mean? That I would have to submit the application to the canadian offices in/for our country, or something else..?

I suggest you read the guides. Every app is submitted to Mississauga. Inland apps remain in Canada. Outland apps are set abroad for processing.

 

[walterg74]

I suggest you read the guides. Every app is submitted to Mississauga. Inland apps remain in Canada. Outland apps are set abroad for processing.

Thanks, I will read the guide, though for all practical purposes, why would I care where it's processed? Does it imply any difference to the applicant?

 

[canuck_in_uk]

Thanks, I will read the guide, though for all practical purposes, why would I care where it's processed? Does it imply any difference to the applicant?

The point is moot in your situation because there is no inland option for dependent children.

 

[walterg74]

The point is moot in your situation because there is no inland option for dependent children.

Thanks. I guess also what threw me off was the mention from Leon that I should apply for a TRV for her (I assume that the generic name for the visitor/tourist visa?) but just in case in the same application attach a letter stating that if it was denied we would be requesting h&c (is that another type?) so we can get her in the country, as I cannot just leave her...

Can you recommend anything in that regard? (This was before I knew we may have a chance at getting the Austrian citinzenship, with which I could just apply for an eTA for her I guess, if we get it in time,,etc.).

 

[canuck_in_uk]

Thanks. I guess also what threw me off was the mention from Leon that I should apply for a TRV for her (I assume that the generic name for the visitor/tourist visa?) but just in case in the same application attach a letter stating that if it was denied we would be requesting h&c (is that another type?) so we can get her in the country, as I cannot just leave her...

Can you recommend anything in that regard? (This was before I knew we may have a chance at getting the Austrian citinzenship, with which I could just apply for an eTA for her I guess, if we get it in time,,etc.).

If she needs a TRV, apply. If it's refused, apply again but with a letter explaining the situation and requesting a TRP.