PR Card/Status and Non PR Child

[umairtariq]

Myself and my wife are landed immigrants since Oct 2009. PR card is valid till Nov 2014. We stayed in Canada for 3 months and then went back. We had a son in 2010 who is not PR.

I stayed for 3 years and 17 days out of Canada and came back in Jan 2013. I had a tough time at the Airport which I was not expecting. By The GRACE Of GOD, I got in. The officer asked me not to leave Canada now. I donot know what he wrote in my file (on his PC).

I got job here quickly. My wife is out of Canada as she cannot leave our son. I applied for my Son's visa so that he can come here with my wife and than I will apply for his sponsorship. I knew that in my wife's case I have to take the risk. But the embassy refused visa to my son.

I have read few post and would like to ask:

1. Can my son come on visitor's or any other visa?

2. If I apply for my son's sponsorship, Will Immigration department notice that I am short of residency obligation by 17 days? Is this worth taking risk? I want inland sponsorship.

3. Assuming my son gets visa and both my son and wife come in May/Jun. In that case, my wife will almost be short of 4 months of her residency obligation. So what possibilities could be for her at the Airport regarding her entry?

4. I do realize that I have a week and complex case. Any specific advice which could strengthen my case.

Thanks & Regards
Umair

 

[Leon]

1. Your son was refused a visitor visa because it is your intention that he stays in Canada permanently and visitor visas are for visitors. It is possible that you can apply for another visa called a TRP which is sometimes granted to children in these circumstances.

2. You can not apply for inland sponsorship if your son is not in Canada. When you apply for sponsorship, it is possible that immigration will notice that you are missing 17 days to meet the residency obligation. They might call you in for an interview to decide if you should keep your PR. However, since it's only 17 days, they might let you off the hook. There is a lady on this forum who also did not meet the requirements but had mitigating circumstances, taking care of sick mother in law. She returned to Canada with a lot less than 17 days over, stayed for a year and then attempted to sponsor her child. Immigration saw it and called her in. Since she had mitigating circumstances and was at this point well established in Canada with a job, house, car etc. they let her keep her PR.

3. On entry, your wife should say that the embassy would not give her child a visa so she had mitigating circumstances because it is not like she can leave her child alone if he can't get a visa.

4. No real advice for the sponsorship. I think you should try it because the alternative is waiting 2 years until you meet the requirements again and then applying which is kind of a long time to be separated from your family.

In order to avoid trouble for your and your wife's PR renewals when the time comes, you should simply let your PR cards expire and not attempt to renew them until you have 2 years in Canada. There is no law against letting your PR card expire and when you apply to renew, immigration may only look at the past 5 years.

 

[umairtariq]

Thanks Leon for prompt reply. Is there any possibility that the immigration officer deny entry to my wife on the basis of not meeting the residency obligation.

OR The officer can only report it? And the case has to be decided by immigration dept.

 

[Leon]

Thanks Leon for prompt reply. Is there any possibility that the immigration officer deny entry to my wife on the basis of not meeting the residency obligation.

OR The officer can only report it? And the case has to be decided by immigration dept.

The officer must let her enter. The worst they can do is report her for not meeting the requirements but considering the situation, it is unlikely that they will do that. If they do, she will be given information on how to appeal her case to immigration. If she loses her PR, as long you still have yours, you could sponsor her again.