+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Options for family members..

Jimmy 2k

Full Member
Jan 5, 2018
27
2
Category........
FAM
Visa Office......
mississauga
App. Filed.......
27-04-2020
Preface:
====
we initially (husband/ex-wife/son) landed in canada on PR(Skilled worker) ~ Dec 2013. and returned in less than a week after making landing.

We obtained jobs and returned to canada ~April 2014 and stayed in canada for less than 2 months(~june 2014).We were expecting our second child and due to lack of family support we decided to move back home temporarily.

Our son#2 was born abroad ~Dec 2014.I couldn't sponsor our son#2 to canada PR and we moved back to USA.

Amid the PR situation for our son#2(along with other issues) we parted ways(not on mutual agreement).

From 2016-Jul 2018 there was a lengthy court case related to child custody which prohibited the kids to be taken out of USA(PR clock is ticking all this time). The court finally granted sole custody to me around summer 2018.

After obtaining the visit visa for my second son,i came to Canada in fall of 2018 and have been living/working since. I re-married in Jan 2019 and my wife joined us on visit visa as well.

========
Here are my questions:

1. what options do i have to keep my wife/son(on visit visas) together without leaving Canada?

2. I have a expired-PR card which i can't renew unless i meet the residency obligation(number of days). Does it mean i can't sponsor PR my wife/son as well?

3. Can my wife apply for open work permit and have my son as dependent?

would greatly appreciate any other options :)
 

scylla

VIP Member
Jun 8, 2010
92,972
20,567
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Preface:
====
we initially (husband/ex-wife/son) landed in canada on PR(Skilled worker) ~ Dec 2013. and returned in less than a week after making landing.

We obtained jobs and returned to canada ~April 2014 and stayed in canada for less than 2 months(~june 2014).We were expecting our second child and due to lack of family support we decided to move back home temporarily.

Our son#2 was born abroad ~Dec 2014.I couldn't sponsor our son#2 to canada PR and we moved back to USA.

Amid the PR situation for our son#2(along with other issues) we parted ways(not on mutual agreement).

From 2016-Jul 2018 there was a lengthy court case related to child custody which prohibited the kids to be taken out of USA(PR clock is ticking all this time). The court finally granted sole custody to me around summer 2018.

After obtaining the visit visa for my second son,i came to Canada in fall of 2018 and have been living/working since. I re-married in Jan 2019 and my wife joined us on visit visa as well.

========
Here are my questions:

1. what options do i have to keep my wife/son(on visit visas) together without leaving Canada?

2. I have a expired-PR card which i can't renew unless i meet the residency obligation(number of days). Does it mean i can't sponsor PR my wife/son as well?

3. Can my wife apply for open work permit and have my son as dependent?

would greatly appreciate any other options :)
1. They need to keep applying to extend their visitor visas.
2. Correct. You cannot sponsor your wife/son until you meet the residency obligation. Any chance your wife qualifies to apply for PR on her own through Express Entry?
3. No - she doesn't qualify for an OWP.
 

Jimmy 2k

Full Member
Jan 5, 2018
27
2
Category........
FAM
Visa Office......
mississauga
App. Filed.......
27-04-2020
@scylla Thank you for the responses.

For #2: Can she apply for express entry being inside Canada on TRV?
 

scylla

VIP Member
Jun 8, 2010
92,972
20,567
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
@scylla Thank you for the responses.

For #2: Can she apply for express entry being inside Canada on TRV?
Yes - she certainly can. Note that right now you need to have 440+ points to be selected out of the pool. Since you are already a PR, she won't be able to claim any points for your education / work experience / language abilities.
 

Jimmy 2k

Full Member
Jan 5, 2018
27
2
Category........
FAM
Visa Office......
mississauga
App. Filed.......
27-04-2020
@scylla :Thank you again.

Can i give up/re-apply PR from inside Canada?Is this possible
 

scylla

VIP Member
Jun 8, 2010
92,972
20,567
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
@scylla :Thank you again.

Can i give up/re-apply PR from inside Canada?Is this possible
You can give up PR. However along with that you'll obviously also need to stop working since you'll no longer be entitled to work without PR. There's no guarantee you'll be able to remain in Canada while you reapply for PR.
 

Jimmy 2k

Full Member
Jan 5, 2018
27
2
Category........
FAM
Visa Office......
mississauga
App. Filed.......
27-04-2020
@scylla :Thank you!

I had applied for the PR for my son late 2018 and got a decision/medicals request.Is it a good/bad sign?