Screwed up PR for Dependant

[etienbjel]

Hi All,

Great news today - my wife got her COPR!

The bad news is - her daughter didn't. This is what happened:

Waaaaaay back in early 2014 when I was filling out the application, my wife said she wanted to come to Canada first while her daughter stayed with her grandparents in Thailand. She would check things out first, we'd find a job/home/etc., then bring her daughter over. So I indicated on the application that her daughter would not accompany us to Canada. I didn't know enough about the process back then so I assumed adding a child to the PR later would be easy. I also forgot I ticked the box on the form when CIC kept asking for details about the child - letter of no objection from the father, medicals, passport requests, etc. So I had blindly assumed she was gonna get a PR and never queried it with CIC.

Since then things have changed. We had a daughter together in late 2015 and are now living in Qatar, all 4 of us. We had planned to land in September this year.

My wife's COPR will expire on 29 Dec 2016 and it says valid for 1 person and 1 entry.

Obviously our plans to return to Canada in September may have changed... What is the best way forward? Am I able to sponsor her daughter as a stepchild? Or does it have to be my wife? I would prefer it be me because my wife hasn't worked since 2013 and so may not qualify as a sponsor. Also, would she not have to wait 5 years after getting her PR before being able to sponsor?

Also, what does her visa mean by 1 entry? I assume it means it's good for 1 entry to allow for the Landing and getting the PR card?

I know I screwed up and could really use some solid advice.

PS, I would rather avoid landing and getting her a TRV for her and then apply for PR when we arrive. She's supposed to start school this year and I wouldn't make enough money in Canada to cover the education costs while waiting for PR. We'd also fall under condition 51 so I wouldn't be able to support them from Qatar.

Sincerely hating myself,

 

[truesmile]

Just to be clear, was her daughter "medically examined" even though indicated as non-accompanying?? Or was she somehow "excluded" from her mother's application? This is very important.

Yes, one entry into Canada, after which presumably she will have her PR card which will serve as her 'travel document'.

What education costs? In Canada, "public school" is free.

 

[MilesAway]

Just to be clear, was her daughter "medically examined" even though indicated as non-accompanying?? Or was she somehow "excluded" from her mother's application? This is very important.

Yes, one entry into Canada, after which presumably she will have her PR card which will serve as her 'travel document'.

What education costs? In Canada, "public school" is free.

School is only free for PRs and citizens. Foreign students have to pay tuition fees, which can be in the tens of thousands, even for elementary school!

 

[truesmile]

Some have posted here that the school they took their child to, did not insist on seeing a PR card for the child.

 

[etienbjel]

Yes, she was "medically examined" even though indicated as non-accompanying on the forms. But as I understand it now, all dependents must be medically examined, even if they are non-accompanying.

Interesting replies on the free education. I had assumed that free education was only for PR's and citizens, much like the healthcare benefits. But interesting to read that some people may not have had to pay privately. I'll see if I can find the forum.

But my biggest concern right now is whether I can sponsor her as a stepchild? I don't want to go through the whole application process again only to find out that it should be her mother sponsoring her, who likely won't be approved as a sponsor.

 

[keesio]

Yes, she was "medically examined" even though indicated as non-accompanying on the forms. But as I understand it now, all dependents must be medically examined, even if they are non-accompanying.

Great! Yes, you understood correctly. You will be surprised at how many people do not do their homework on this and get into trouble later on down the road when they try to sponsor their spouse/child.

Interesting replies on the free education. I had assumed that free education was only for PR's and citizens, much like the healthcare benefits. But interesting to read that some people may not have had to pay privately. I'll see if I can find the forum.

I believe you do need to be a resident to got o public school. Perhaps some schools just don't care. But I never studied the laws on this

But my biggest concern right now is whether I can sponsor her as a stepchild? I don't want to go through the whole application process again only to find out that it should be her mother sponsoring her, who likely won't be approved as a sponsor.

How old is her daughter? If she is under 18, there is nothing stopping your wife from sponsoring her once she becomes a PR. The 5 year ban only applies to spouses (for example if a person who got sponsored then divorces their sponsor and remarries someone abroad and wants to sponsor them to Canada).

 

[etienbjel]

Awesome thanks for the reply.

My search for the education issue has so far revealed that all children in Ontario, by law, are entitled to education, regardless of their immigration status. However, I'm still not clear on whether it's "free".

Also, considering that my wife wouldn't get her PR until about October/November, we wouldn't be able to apply until then. So, from a timing perspective, it's better if I sponsor her now, if I can. Not to mention that she wouldn't be eligible for OHIP during the wait.

 

[Rob_TO]

My wife's COPR will expire on 29 Dec 2016 and it says valid for 1 person and 1 entry.

Obviously our plans to return to Canada in September may have changed... What is the best way forward? Am I able to sponsor her daughter as a stepchild? Or does it have to be my wife? I would prefer it be me because my wife hasn't worked since 2013 and so may not qualify as a sponsor. Also, would she not have to wait 5 years after getting her PR before being able to sponsor?

Just contact the visa office to change her status from non-accompanying to accompanying. This may involve your wife cancelling her current COPR, them processing both her and her daughter's together, and then re-issuing both their COPRs. Seem like you have a bit of time to do all this if expiry won't be until end of the year.

 

[etienbjel]

Thanks Rob_TO. I sent an email to the VO asking them to recommend a way forward. I'll suggest this if/when they reply.

 

[truesmile]

I'm not so sure that "they" will tell "you" what to do. You must be the one telling them what your wishes are.

 

[canuck_in_uk]

Just contact the visa office to change her status from non-accompanying to accompanying. This may involve your wife cancelling her current COPR, them processing both her and her daughter's together, and then re-issuing both their COPRs. Seem like you have a bit of time to do all this if expiry won't be until end of the year.

Agreed. This is by far the easiest way to go.

 

[etienbjel]

Well Rob_TO was spot on. CIC have asked that I pay the fee for the accompanying child and they will re-issue the visas to include the child.

Happy days!