Son(US Citizen) of PR holders does not have a PR. Options?

[sea2tor]

I apologize if the same topic has been posted before. I searched the forums, but could not find anything similar.

I applied for Canadian PR in 2006 when i was in the US on H1b visa and my wife was on H4 visa. (We both are Indian citizens). We became landed immigrants in Nov 2007 and returned back to US in two days and have not been to Canada since. (Except a few days for tourism in 2008).

While in US our son born in Aug 2009. Now we are planning to move and settle in Canada(Toronto) around Sept 2010 (Before our three years outside Canada are up)

I have the following questions :
1) Can my 10 month old son accompany us even though he does not have a Canadian PR? (He has a US passport). I plan to file for his PR once we are in Canada. We are planning to cross the border by road at Detroit, MI.

2) Should i get some other travel document for my son while we are in the US so its easy for us to take him with us?

Any help is greatly appreciated.

 

[Leon]

You should be able to take him with you on a US passport without a problem. You can sponsor him for PR once you are in Canada.

 

[RobsLuv]

It should be obvious to Canadian border officials that you became a Canadian landed immigrant with absolutely no intention of residing in Canada, and now you want to come to Canada just so you can apply for status for your son. You basically misrepresented your intentions when you landed, and now you're trying to gain advantage for your son under the Act. I suspect that a sharp border officer will question your ability/intention to fulfill the remaining two years of your residency requirement and entry will not be as easy as you hope it will be.

 

[sea2tor]

Thanks Leon for your input.

RobsLuv,

Thank you for bringing this point to light. We are moving to Canada for good, but the officer may think along the lines you just mentioned. We would have moved earlier, but our circumstances prevented us for doing so. (My work contract prevented me from leaving for the first two years and our son had medical complications when he was born.)

I will be having the documents that show our rental lease termination here in US, and invoice from the movers for all our stuff being moved to Canada and export of my car from US to Canada as well. Is there any other documentation that would help and prove my Intent?

The reason I posted my earlier question is because I read that a visitor to Canada should have clear intention of returning back to his own country after his visit duration ends or he may be rejected at the port of entry. I am wondering how would this be possible in our sons' case since the intention is for us to settle in Canada? I also read about dual intentions, but I am confused about how it would apply in my son's case.

Anyone here has any insights on this?

 

[Leon]

As a PR who still meets the residency requirements, you have the right to enter Canada. It doesn't matter if your intention would be to stay only long enough to sponsor your son for PR and then leave again. If you did that, you would lose your own PR eventually due to the residency requirements and so would your son. The immigration officers do not really need to worry about that.

I have never heard of parents with a visa exempt baby being denied entry to Canada. If you were in the position of having to apply for a visit visa for your child, you might be denied based on that the child would not be leaving Canada again. The way people deal with that is by applying for a ministers permit instead or sending one parent ahead to sponsor the child while the other parent waits with the child. However, that is when the child is not visa exempt and like I said, I have never heard of parents with a visa exempt baby being denied entry.

 

[sea2tor]

Leon, thanks a lot for explaining.