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Sponsoring US born child

kimiarun

Full Member
Jun 4, 2018
30
4
Hi Everyone,

After a short landing in 2015 from USA, I moved to Canada for good in May 2018 and rest of my family is planning to move in July 2018 from US.
I have a US born (2016 born) daughter. I assume bringing her to Canada on US passport will not be an issue but for safety I'm trying to file PR application before her arrival date. Since i have got only two pay checks here , I might be ineligible to sponsor right away (One of the form its asking for 12 months net salary preceding to application date).
I would appreciate your suggestion to bring her inside Canada with out any issues ?
Also suggest me Travel by air or road is safer with US passport .
Any body has recent experience please share.
 
 

vensak

VIP Member
Jul 14, 2016
3,868
1,013
122
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
There is however one thing you need to calculate carefully. Depending when you have landed, you might be not meeting RO requirement. If that is the case you would have to wait until you meet tham again. (which will be after another 2 years). And do not look on your PR card validity. Only calculate from the day of the landing how many days you stayed in Canada until now and how many are left for the first 5 year cycle. If that is less than required 2 years you will have to wait. And once you will be PR for more than 5 year you can only use 5 years backwards from the day you calculate or want to do something.

Good luck
 

Rob_TO

VIP Member
Nov 7, 2012
11,441
1,549
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hi Everyone,

After a short landing in 2015 from USA, I moved to Canada for good in May 2018 and rest of my family is planning to move in July 2018 from US.
I have a US born (2016 born) daughter. I assume bringing her to Canada on US passport will not be an issue but for safety I'm trying to file PR application before her arrival date. Since i have got only two pay checks here , I might be ineligible to sponsor right away (One of the form its asking for 12 months net salary preceding to application date).
I would appreciate your suggestion to bring her inside Canada with out any issues ?
Also suggest me Travel by air or road is safer with US passport .
Any body has recent experience please share.
When exactly in 2015 did you land and then leave Canada? Hopefully you're aware that once you've landed as PR then spent next 3 years (1,095 days) outside Canada, you would be in violation of the residency obligation.

If in violation of residency obligation this means 2 things:
1. You can't apply to sponsor any family members, until you've spent next 2 years inside Canada
2. Anyone attempting to enter Canada (like your family who are PRs) could be reported by CBSA for non-compliance of RO and process started to terminate their PR status
 
 

canuck78

VIP Member
Jun 18, 2017
44,658
10,565
You must make sure your whole family arrives before July 10th if you want to sponsor your child. I assume your whole family landed in July 2015 and remained for 10 days.
 

kimiarun

Full Member
Jun 4, 2018
30
4
When exactly in 2015 did you land and then leave Canada? Hopefully you're aware that once you've landed as PR then spent next 3 years (1,095 days) outside Canada, you would be in violation of the residency obligation.

If in violation of residency obligation this means 2 things:
1. You can't apply to sponsor any family members, until you've spent next 2 years inside Canada
2. Anyone attempting to enter Canada (like your family who are PRs) could be reported by CBSA for non-compliance of RO and process started to terminate their PR status
Hi Rob,
July 1 st
 

kimiarun

Full Member
Jun 4, 2018
30
4
You must make sure your whole family arrives before July 10th if you want to sponsor your child. I assume your whole family landed in July 2015 and remained for 10 days.
Hi Canuck,

Thanks for the clarity.
Few more questions :
1. What type of questions will be asked at the border for our situation.
2.I have child sponsor documents ready .Should I wait for child(US born) to enter first and send the application package or do it before child arrives.
 

Rob_TO

VIP Member
Nov 7, 2012
11,441
1,549
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hi Rob,
July 1 st
So your family landed in Canada on July 1, or landed earlier and left on July 1?

Again, you need to make sure your family has not spent more than 3 years (1095 days) outside Canada before they attempt to return, as they could then be reported for RO violation and process started to terminate their PR status.
 
 

kimiarun

Full Member
Jun 4, 2018
30
4
So your family landed in Canada on July 1, or landed earlier and left on July 1?

Again, you need to make sure your family has not spent more than 3 years (1095 days) outside Canada before they attempt to return, as they could then be reported for RO violation and process started to terminate their PR status.
Hi Rob,

Here are the details :
First landing : Entry on 01-Jul-2015 and Exit on 05-JUL-2015 ( 5 Calendar Days)
Second visit : Entry on 14- Aug-2016 and Exit on 18-Aug-2016 ( 5 Calendar Days)

My Family is arriving on 07-JUL-2018 (with 724 Calendar days left to 5 yrs completion from landing i.e 30-JUN-2020)

Will it be a problem while entering by road with this date range ? What kind of questions will be asked .Any inputs will be appreciated .
 
Last edited:

vensak

VIP Member
Jul 14, 2016
3,868
1,013
122
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
Hi Rob,

Here are the details :
First landing : Entry on 01-Jul-2015 and Exit on 05-JUL-2015 ( 5 Calendar Days)
Second visit : Entry on 14- Aug-2016 and Exit on 18-Aug-2016 ( 5 Calendar Days)

My Family is arriving on 07-JUL-2018 (with 724 Calendar days left to 5 yrs completion from landing i.e 30-JUN-2020)

Will it be a problem while entering by road with this date range ? What kind of questions will be asked .Any inputs will be appreciated .
You will be cutting it really close. Be aware that any small change (like being ill and postponing for a few days), would put you in the risk game of being reported.
Be also aware that for next 2 years you will not be able to leave Canada no matter the reason unless you want to be out of RO.