Sponsorship Application-urgent suggestion needed

[zainabfis]

Dear All,
We landed in Canada on July 2016 and had received our PR Cards.
We moved to our home country a month later and my youngest daughter was born outside Canada.
Upon suggestion from our consultant we applied for our daughter's sponsorship from outside Canada, it got rejected. The decision took 6 months to arrive.
Then, we applied for a TRV, which got rejected too.
For the last 6 months we are waiting for a decision of our 3rd attempt of sponsorship (applied by my husband from within Canada).
In July 2018, it will be my third year outside Canada.
What are the possible consequences if my PR CARD expires while I'm in Canada? As I am unable come to Canada as my daughter is too little and cannot live without me.
Can the PR Card be renewed?
Will I be asked to leave Canada?
Her dad, my husband, is in Canada yet our application is facing delays.
Please guide.

 

[ContactFront]

Technically, you can stay in your home country until July 2019 before you have to return to Canada to meet your residency obligation. So you still have 6 or so months.
You can wait for the sponsorship to be approved or try to apply for another TRV but there's no guarantee the TRV will be approved.

 

[jddd]

Dear All,
We landed in Canada on July 2016 and had received our PR Cards.
We moved to our home country a month later and my youngest daughter was born outside Canada.
Upon suggestion from our consultant we applied for our daughter's sponsorship from outside Canada, it got rejected. The decision took 6 months to arrive.
Then, we applied for a TRV, which got rejected too.
For the last 6 months we are waiting for a decision of our 3rd attempt of sponsorship (applied by my husband from within Canada).
In July 2018, it will be my third year outside Canada.
What are the possible consequences if my PR CARD expires while I'm in Canada? As I am unable come to Canada as my daughter is too little and cannot live without me.
Can the PR Card be renewed?
Will I be asked to leave Canada?
Her dad, my husband, is in Canada yet our application is facing delays.
Please guide.

How long has your husband been physically in Canada? When was your latest sponsorship attempt received by IRCC? Generally, it takes up to 12 months to sponsor a dependent FROM receipt of a complete application package. If it has not been over 12 months, then the process is not being delayed. You received a negative response the first time because the fact that you and your husband were not living in Canada meant IRCC had valid and indisputable grounds to reject the sponsorship quickly.

 

[myscanada]

Dear All,
We landed in Canada on July 2016 and had received our PR Cards.
We moved to our home country a month later and my youngest daughter was born outside Canada.
Upon suggestion from our consultant we applied for our daughter's sponsorship from outside Canada, it got rejected. The decision took 6 months to arrive.
Then, we applied for a TRV, which got rejected too.
For the last 6 months we are waiting for a decision of our 3rd attempt of sponsorship (applied by my husband from within Canada).
In July 2018, it will be my third year outside Canada.
What are the possible consequences if my PR CARD expires while I'm in Canada? As I am unable come to Canada as my daughter is too little and cannot live without me.
Can the PR Card be renewed?
Will I be asked to leave Canada?
Her dad, my husband, is in Canada yet our application is facing delays.
Please guide.

Hi

Its not clear if the sponsor was not eligible to sponsor the child or when exactly was it rejected, usually there are 2 steps, sponsor eligibility and then the normal medical, etc of the child, if the sponsor is not eligible to sponsor, you can use the below info that will be useful

Usually sponsor eligibility should not take 6 months, full process should take about 12 to 18 months, in most cases,

I can relate to a similar incident, what i know they did is the following:

Background
Sponsor was living outside, after landing for 1 year, he wanted to sponsor child and wife together,

What he did
- Landed in Canada, rented an apartment, got a job,
- Once the rent agreement was done, he applied for sponsorship, but at the date of signing he was IN CANADA, as thats a requirement

Submitted more documents
- Employment contract
- Bank account statements,
- Rent agreement

Mentioned that he recently started living and will continue to live IN CANADA

Eligibility was approved with 3 months, based on the documents provided, but further there was a document request from local VISA office to prove that the sponsor is in fact IN CANADA, as they suspected, the sponsor was not IN CANADA, which was partially true because there was some more travel by the sponsor, in and out for family reasons

The VISA office also requested all passport pages from the time sponsor landed, to check the facts, he mentioned everything truthfully, and eventually the full process took 18 months, interesting in the interim his child no 2 was born, and he eventually got sponsored all 3 together wife + 2 kids.

There is a requirement for the sponsor to live IN CANADA, the trick is to be in canada the day you sign the application and you should stay put, there is no income requirement for sponsorship apps, but its always good to show you have a job or some savings to support, that makes it a lot easier.

One more point is you need to maintain your status residency obligation of 730 days in 5 years from landing and keep living IN CANADA.

Once your eligibility as a sponsor is approved, then you can apply for TRV for the child, on the basis, that your wifes PR Card will expire, and they would surely consider this.

I am not sure what went wrong in your case, but you cannot apply from outside canada, to sponsor thats one of the rules as far as i know.

Hope this helps,
PM Me if you need more info, happy to help

 

[zainabfis]

Thank you for your reply myscansda.
1) Actually the main reason for rejection of Sponsorship app.no.1was the fact that the sponsor (myself) was not in Canada, I was suggested by our consultant to apply from Pakistan. She said she'll attach a lawyer's letter to support my absence.
2) our consultant said we could apply for a TRV that too from Pakistan but the CIC said my daughter's ties with Canada weren't strong enough to get a TRV. My husband and I both were in Pakistan at the time our consultant applied a TRV. Which too got rejected.
3) now my husband is in Canada for the last 5 months, is earning, has a bank statement to produce. Has submitted full time and part time job letters. But this time CIC says the Use of Representative form submitted by my consultant is wrong.
Problem No.1) I am just left with 6 months to start my RO. Its the last year to stay outside Canada.
Problem # 2) if we re-submit the case, the processing will take 12 months not leaving me enough time to get time barred. Even, if I consider coming & leaving the child behind, the father who is in Canada should be in Canada. There will be no one to keep the baby.
Problem # 3) if my husband comes to Pakistan and stays with the baby while I go to apply the application afresh, the baby will have to stay for without me for 12 months which is a long period.
Q#1) Can we apply for a TRV again and tell them that our sponsorship application is in process. We'll return if thd sponsorship application gets rejected.
Q#2) How much amount is needed to show in the bank account if my husband applies TRV afresh from Canada?

 

[zainabfis]

How long has your husband been physically in Canada? When was your latest sponsorship attempt received by IRCC? Generally, it takes up to 12 months to sponsor a dependent FROM receipt of a complete application package. If it has not been over 12 months, then the process is not being delayed. You received a negative response the first time because the fact that you and your husband were not living in Canada meant IRCC had valid and indisputable grounds to reject the sponsorship quickly.

My husband has been in Canada from April 2017 to October 2017 I.e. 7 months and then he came to Canada on June 15th 2018 till today. So altogether he's been in Canada for 15 months approx.
CIC has asked for resumbission of a form Use of Representative. But the package has not yet been received due to strikes by Canada post. They gave time for 30 days but it's already been a month n a half that we haven't received anything from Canada post.

 

[jddd]

My husband has been in Canada from April 2017 to October 2017 I.e. 7 months and then he came to Canada on June 15th 2018 till today. So altogether he's been in Canada for 15 months approx.
CIC has asked for resumbission of a form Use of Representative. But the package has not yet been received due to strikes by Canada post. They gave time for 30 days but it's already been a month n a half that we haven't received anything from Canada post.

Would suggest, since it seems your representative has not been accepted yet, to try to link your application to myCIC and upload the form there. From your story, it seems your representative who said you should sponsor while being out of Canada doesn’t know what he or she is doing and hoping that you either hired a new one or are just handling this yourself. It also looks like the delay is not within CIC’s control since they have not received the package yet. I would also suggest, once you have an application number, to try applying for a TRV again as you have solid proof the sponsorship of the child is in process. Good luck!

 

[myscanada]

Thank you for your reply myscansda.
1) Actually the main reason for rejection of Sponsorship app.no.1was the fact that the sponsor (myself) was not in Canada, I was suggested by our consultant to apply from Pakistan. She said she'll attach a lawyer's letter to support my absence.
2) our consultant said we could apply for a TRV that too from Pakistan but the CIC said my daughter's ties with Canada weren't strong enough to get a TRV. My husband and I both were in Pakistan at the time our consultant applied a TRV. Which too got rejected.
3) now my husband is in Canada for the last 5 months, is earning, has a bank statement to produce. Has submitted full time and part time job letters. But this time CIC says the Use of Representative form submitted by my consultant is wrong.
Problem No.1) I am just left with 6 months to start my RO. Its the last year to stay outside Canada.
Problem # 2) if we re-submit the case, the processing will take 12 months not leaving me enough time to get time barred. Even, if I consider coming & leaving the child behind, the father who is in Canada should be in Canada. There will be no one to keep the baby.
Problem # 3) if my husband comes to Pakistan and stays with the baby while I go to apply the application afresh, the baby will have to stay for without me for 12 months which is a long period.
Q#1) Can we apply for a TRV again and tell them that our sponsorship application is in process. We'll return if thd sponsorship application gets rejected.
Q#2) How much amount is needed to show in the bank account if my husband applies TRV afresh from Canada?

Hi there
Rep form is incomplete meaning is it incorrectly filled? Its not clear.

Consider changing you rep. .

You can also send cancelling the rep form the application will still go through. Be careful. When you cancel because the email on record may be the reps email. Which you can update. You dont need to start afresh. Send a web form update

Best way is
- make sure you have copy of all forms sent by your rep and other documents you submitted to cic with latest application
- the sponsor can easily submit the rep form either the current one or the new one from within canada in no time as he will need to sign so no issues there. This can also be done through web form inquiry unless cic wants it in post
- once the file moves through eligibility and you get an application number you can apply for trv for the child citing the concerns and explain them regarding RO etc with a cover letter. Most likely you will get it.

Then the PR for the child can be processed even of the child is in Canada. During the process.

Only issue is you may have to go US border and come back to renew the 6 months visit visa status. Because if it takes more than 6 months your child may overstau TRV not a good idea.

The rep has not done things right rather he is taking chances.

Hope this helps.










The good news is is that if the sponsor is in canada they will most likely approve the sponsor.

 

[Buletruck]

Only issue is you may have to go US border and come back to renew the 6 months visit visa status. Because if it takes more than 6 monthsyour child may overstau TRV not a good idea.

Or you could just apply for an extension. You have implied status during the application. Better than risking a refusal at the POE.

The OP should assume that they have the application, despite there being no correspondence from Canada Post.