new born kid / 2 from 5 years obligations

[arty007]

Our family: me (father) my wife and our daughter. We got our PR on 1 November 2009.

Returned to Russia to wait while elder daughter finish her education.
Now we have a new born kid who was born outside of Canada.

We had a plan to get back to Canada October 2012 to keep our 2 from 5 years obligations.

September 2012 we applied for TRV (temporary resident visa) for our new born kid but got refuse on November 2012.

So, I should sponsor him from Canada. I'm going to fly to Canada next week.

The problem is that we do not meet 2 from 5 years rule any longer.

Giving a birth to a new kid plus delay caused by refuse of granting a TRV visa for him could be a reason to keep our PR status live?

(For now we have about 1,5-2 less months than we need)

 

[Leon]

One of you parents should have gone to Canada in time to meet the 2 year residency obligations because worst case, that parent could have sponsored everybody else if they lost your PR's. So if you got refused the TRV in November, why did you not return to Canada in November? And if you knew you had to go back in November, why did you wait until September to apply for the TRV?

Actually, PR's having babies outside Canada always have these problems. Your child is not eligible for a TRV because your intention is not for the child to visit, it is for the child to stay permanently. Therefore, most people are refused TRV's for their kids. You would have the option to try for a TRP which is a special visa sometimes granted to babies under these circumstances.

In any case, you now have two options. You can enter Canada and sponsor your child right away, taking the risk that when you apply to sponsor, immigration will see that you do not meet the residency requirements and hoping they'll accept your reasons why you don't and allow you to keep your PR or if you absolutely do not want to risk your PR for that, you can stay for two years without leaving at which time you will meet the requirements again and then you can sponsor your child. While you are working on that, your wife can apply for a TRP for the baby in order to take it to Canada to sponsor and if she gets it, your family can join you in Canada.

It is always better if you don't meet the residency requirements not to attract the attention of immigration if you don't have to. If you want to sponsor your child, you have to but when your wife and your other child arrive, there is no problem for them to let their PR cards expire and not apply to renew them until they have their 2 years in Canada. That way, their renewal application will be painless because no special allowances are needed as they would then meet the residency obligation again.

 

[arty007]

Leon , thank you for your help!

>So if you got refused the TRV in November, why did you not return to Canada in November?
We started collect documents for sponsorship and January 2013 we did medical examination for our kid (it’s necessary for sponsorship). And only now I am ready to go to Canada with all necessary docs.

 

[SJ2009]

Hi Leon,
We Indian Fly Of three (father,mother and daughter) landed in Aug 2010,stayed for 10days, from then living outside Canada.
We had another child born,not having PR. Now we are planning to go back to Canada.

How about applying TRP for our second child. Our PR card will expire in Oct 2015. Do we eligible for TRV.

In your opinion what would be the better option for us, please suggest any other option that would help us...............

 

[Leon]

Hi Leon,
We Indian Fly Of three (father,mother and daughter) landed in Aug 2010,stayed for 10days, from then living outside Canada.
We had another child born,not having PR. Now we are planning to go back to Canada.

How about applying TRP for our second child. Our PR card will expire in Oct 2015. Do we eligible for TRV.

In your opinion what would be the better option for us, please suggest any other option that would help us...............

As a PR, you can not be outside Canada more than 3/5 years without risking/losing your PR due to residency requirements. It his therefore of the utmost importance that at least one of you returns to Canada before August 2013 and stays for at least 2 years in order to meet the residency obligation.

The question is only if you can all return to Canada together or if you must split up your family. You can apply for a TRP for your baby based on wanting to return to Canada to sponsor for PR. If the TRP is refused, the baby can not go to Canada but one of you parents must go to Canada in order to sponsor the baby.

Whatever happens with the TRP, keep in mind that at least one of you parents must be in Canada before August 2013 in order to keep the residency obligation. How many other members of the family stay outside Canada is not relevant. The parent who returns can sponsor the baby and when the baby gets PR, the rest of the family can return. If the other parent and older child are then outside the residency requirements because they had to wait, they will most likely be allowed to return with their still valid PR cards and should then wait until they have two years in Canada before they try to renew. If they are for some reason not allowed to return and lose their PR due to staying outside Canada too long, the parent who returned to Canada could sponsor them again.

 

[SJ2009]

Thanks Leon................