My son has to go out of Canada

[maria hernandez v]

Hello,

I hope I can really have help with my case. I applied for a permanent residence under the class of sponsorship for me and my 2 kids in March, 2017. We entered here with a turist visa. My visa and passport are still valid, but in August 2017 the Passport and Visa for my kids expired and I got a new Passport for them, but when I asked my lawyer if I need to renew the visa she told me it was not necessary while we were waiting for our permanent residence, so I didnt ask for a new visa for them. She suggest me to applied for a working visa because my two kids and I received the CSQ. We thought that having a working visa it would be a visa for the kids too and it looks is not like that.

The problem that I have now is that in september 2018 my son is suposse to go to Portugal to play soccer with his soccer team, and we dont know what kind of permission we need to ask for him to go with his soccer team one week in Portugal, because we didnt received our permanent residence yet and he doesnt has a valid visa because its expired since August 2017. Im scared to ask for a visa (I dont know what Kind) and that with that visa we would not be able to enter again in Canada.

What Can I do?

 

[Rob_TO]

What passport does he hold?

 

[maria hernandez v]

Costa Rica

 

[canuck78]

He is under implied status now but once he leaves he has no right to come back into Canada. He would need to apply for a visa.

 

[maria hernandez v]

We are in Quebec, can I ask for a Visa from here (and what kind) that can let him go out and come back with his soccer team?

 

[canuck78]

He would need a trv. Basically you will probably need to do exactly what you did to come into Canada. He will then have apply to be a visitor in Canada until he gets his PR. I would be upfront and show that he is waiting for his PR sponsorship to come through. Technically he is not supposed to leave during the inland sponsorship process because there is no guarantee he would be let back in. With a visa he is likely to be let back in but it is always up to the border agent to make the final decision.

 

[maria hernandez v]

He would need a trv. Basically you will probably need to do exactly what you did to come into Canada. He will then have apply to be a visitor in Canada until he gets his PR. I would be upfront and show that he is waiting for his PR sponsorship to come through. Technically he is not supposed to leave during the inland sponsorship process because there is no guarantee he would be let back in. With a visa he is likely to be let back in but it is always up to the border agent to make the final decision.

I really appreciate your help... So in this case is better to wait until he receives the PR...Hopping wont take long and he can go... thanks

 

[canuck78]

I really appreciate your help... So in this case is better to wait until he receives the PR...Hopping wont take long and he can go... thanks

No he can go. You just have to get the visa and take the very very small chance he won’t be admitted back into Canada. I am right to say you needed a visa to get into Canada from Costa Rica. It will likely take around a year to get PR so getting the trv would be the only way he could go. Also not sure whether he would need a visa to get into Portugal. I would assume so. He would need to apply using his Costa Rican citizenship.

 

[mpsqra]

Hello,

I hope I can really have help with my case. I applied for a permanent residence under the class of sponsorship for me and my 2 kids in March, 2017. We entered here with a turist visa. My visa and passport are still valid, but in August 2017 the Passport and Visa for my kids expired and I got a new Passport for them, but when I asked my lawyer if I need to renew the visa she told me it was not necessary while we were waiting for our permanent residence, so I didnt ask for a new visa for them. She suggest me to applied for a working visa because my two kids and I received the CSQ. We thought that having a working visa it would be a visa for the kids too and it looks is not like that.

The problem that I have now is that in september 2018 my son is suposse to go to Portugal to play soccer with his soccer team, and we dont know what kind of permission we need to ask for him to go with his soccer team one week in Portugal, because we didnt received our permanent residence yet and he doesnt has a valid visa because its expired since August 2017. Im scared to ask for a visa (I dont know what Kind) and that with that visa we would not be able to enter again in Canada.

What Can I do?

one question, did you ask for a visitor extension? if not you are out of status. did you get your work permit?

 

[canuck_in_uk]

Hello,

I hope I can really have help with my case. I applied for a permanent residence under the class of sponsorship for me and my 2 kids in March, 2017. We entered here with a turist visa. My visa and passport are still valid, but in August 2017 the Passport and Visa for my kids expired and I got a new Passport for them, but when I asked my lawyer if I need to renew the visa she told me it was not necessary while we were waiting for our permanent residence, so I didnt ask for a new visa for them. She suggest me to applied for a working visa because my two kids and I received the CSQ. We thought that having a working visa it would be a visa for the kids too and it looks is not like that.

The problem that I have now is that in september 2018 my son is suposse to go to Portugal to play soccer with his soccer team, and we dont know what kind of permission we need to ask for him to go with his soccer team one week in Portugal, because we didnt received our permanent residence yet and he doesnt has a valid visa because its expired since August 2017. Im scared to ask for a visa (I dont know what Kind) and that with that visa we would not be able to enter again in Canada.

What Can I do?

The validity of a TRV has nothing to do with status and applying for PR does not grant status.

As you never applied to extend your kids' visitor statuses, they have been out of status for quite some time. Your son would need a TRV to return to Canada and given the fact that he has no status, there is little chance of approval. Also, he cannot apply for a TRV online or within Canada because he is out of status. He would have to apply by paper to an office outside of Canada.

What is your actual status? What have you applied for to maintain your status?

 

[canuck_in_uk]

He is under implied status now but once he leaves he has no right to come back into Canada. He would need to apply for a visa.

There is no Implied Status, as OP did not apply to extend the child's status. He has been out of status for a long time now.

He would need a trv. Basically you will probably need to do exactly what you did to come into Canada. He will then have apply to be a visitor in Canada until he gets his PR. I would be upfront and show that he is waiting for his PR sponsorship to come through. Technically he is not supposed to leave during the inland sponsorship process because there is no guarantee he would be let back in. With a visa he is likely to be let back in but it is always up to the border agent to make the final decision.

There is no issue with dependents not being in Canada while an inland app processes. It is only the Principal Applicant that must be living in Canada with their spouse while the app processes.

 

[canuck78]

There is no Implied Status, as OP did not apply to extend the child's status. He has been out of status for a long time now.



There is no issue with dependents not being in Canada while an inland app processes. It is only the Principal Applicant that must be living in Canada with their spouse while the app processes.

Sorry could have sworn I read that they had applied for visitor status but hadn’t renewed it after the submitted the PR apps.

 

[maria hernandez v]

No he can go. You just have to get the visa and take the very very small chance he won’t be admitted back into Canada. I am right to say you needed a visa to get into Canada from Costa Rica. It will likely take around a year to get PR so getting the trv would be the only way he could go. Also not sure whether he would need a visa to get into Portugal. I would assume so. He would need to apply using his Costa Rican citizenship.

Good... Thanks

 

[maria hernandez v]

one question, did you ask for a visitor extension? if not you are out of status. did you get your work permit?

Well, for my kids I asked the extension twice last year ( in february and another one until august) in august the visitors visa expires and my lawyer told me it was not necessary to ask for another one... but it looks that was not a good advice. I have my working visa, that I received in november 2017 and with my working visa I received the social security for the kids too, they have also the CSQ and they are studiyng in the school.
At the begining the lawyer told me that my working visa would be valid for them to go out of Canada... but it looks is not valid for them.

 

[maria hernandez v]

The validity of a TRV has nothing to do with status and applying for PR does not grant status.

As you never applied to extend your kids' visitor statuses, they have been out of status for quite some time. Your son would need a TRV to return to Canada and given the fact that he has no status, there is little chance of approval. Also, he cannot apply for a TRV online or within Canada because he is out of status. He would have to apply by paper to an office outside of Canada.

What is your actual status? What have you applied for to maintain your status?

I extended twice, until the visa expired in august (I applied for my PR in march 2017), the lawyer told me it was not neccesary because I applied for a working visa that I received in november, but I just received a working visa for me, nothing for my kids. My kids are in the school, they have the CSQ for two years, and last week the 3 of us received the social security until my working visa expiration date. I already went out of Canada with my working visa and I didnt have any inconvinience. And now Im in a rush to find a permission or visa for my son, because we thought the immigration time to get a PR will be one year and so far I dont have an answer and I dont want to take a chance to wait if I have it before september.