To bring along a new member (infant) in the family on return to Canada

[SSS]

Dear all,

We are a family( myself, spouse & one kid) having obtained PR status in july 2006 and returned to UAE. We plan to get back to canada for good in july 2008. Meanwhile, if we have a second child, what would be the documents required to bring him along on our return & how do we go about obtaining them.

Thanks & Regards,

 

[PMM]

Hi

Dear all,

We are a family( myself, spouse & one kid) having obtained PR status in july 2006 and returned to UAE. We plan to get back to canada for good in july 2008. Meanwhile, if we have a second child, what would be the documents required to bring him along on our return & how do we go about obtaining them.

Thanks & Regards,

1. If you can obtain a TRV for the child, you can bring the child to Canada and then sponsor. It is highly unlikely that you will get a TRV.
2. If no TRV, either you or your spouse will have to return to Canada and take up residence and then sponsor the child while it remains abroad.

PMM

 

[bbehrad]

Hi,

Dear PMM and other experts
1- I have the same case. Is the below answer still valid (post dated 2008)?
2- In case of obtaining TRV, TRV is most probably valid only for 6 months. Will sponsorship visa be ready within 6 months. What if TRV expires? Will they extend the visa? For how long?
3- I've seen in this forum applying through Humanities and compassionate ground once your baby enter using TRV? Is it another option? what is pros and cons in comparison to family sponsorship?
4- If no TRV. After returning one member of family to Canada and sponsoring the baby is it possible to exit Canada? If yes at least how long you should stay for sponsoring purpose in Canada?
5- Is there any option to apply sponsorship while outside Canada?

Thanks in advance.

Hi

1. If you can obtain a TRV for the child, you can bring the child to Canada and then sponsor. It is highly unlikely that you will get a TRV.
2. If no TRV, either you or your spouse will have to return to Canada and take up residence and then sponsor the child while it remains abroad.

PMM

 

[zardoz]

I can answer 4) and 5). A sponsorship application by a PR can only be done if the PR resides inside Canada for the whole period of the sponsorship application, until a decision is made.

See http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf Section 5.9 thru 5.10

 

[Msafiri]

Hi,

Dear PMM and other experts
1- I have the same case. Is the below answer still valid (post dated 2008)?
2- In case of obtaining TRV, TRV is most probably valid only for 6 months. Will sponsorship visa be ready within 6 months. What if TRV expires? Will they extend the visa? For how long?
3- I've seen in this forum applying through Humanities and compassionate ground once your baby enter using TRV? Is it another option? what is pros and cons in comparison to family sponsorship?
4- If no TRV. After returning one member of family to Canada and sponsoring the baby is it possible to exit Canada? If yes at least how long you should stay for sponsoring purpose in Canada?
5- Is there any option to apply sponsorship while outside Canada?

Thanks in advance.

First things first on the premise that you/ your spouse are not Canadian Citizen but PRs do you meet the Residence Obligation? If you landed more than 5 years ago do you as at today have 730 days of physical presence in Canada? If you landed less than 5 years ago can you get 730 days of physical presence in Canada by the 5th anniversary of your landing date?

 

[zardoz]

Based on http://www.canadavisa.com/canada-immigration-discussion-board/min-cash-required-to-proof-financial-ability-at-first-landing-t125101.0.html;msg1890225#msg1890225, the RO is not an issue.

 

[Leon]

Hi,

Dear PMM and other experts
1- I have the same case. Is the below answer still valid (post dated 2008)?
2- In case of obtaining TRV, TRV is most probably valid only for 6 months. Will sponsorship visa be ready within 6 months. What if TRV expires? Will they extend the visa? For how long?
3- I've seen in this forum applying through Humanities and compassionate ground once your baby enter using TRV? Is it another option? what is pros and cons in comparison to family sponsorship?
4- If no TRV. After returning one member of family to Canada and sponsoring the baby is it possible to exit Canada? If yes at least how long you should stay for sponsoring purpose in Canada?
5- Is there any option to apply sponsorship while outside Canada?

Thanks in advance.

1. Yes but I'd like to add that if you are refused a TRV for the child, it is possible that you can apply for a special visa based on H&C grounds called TRP based on that it will be hardship on your family to be separated for several months while one of the parents has to stay in Canada to sponsor and the other has to wait.
2. Depending on the visa office, the sponsorship may not be through within 6 months but you can apply for an extension for your child. They should most likely extend for another 6 months and if that is not enough, you can extend again.
3. If you apply for a TRP, see 1. then you may have to apply for PR inland based on H&C grounds and your baby may be covered by health care while if it is on a TRV, you would apply for PR outland and it may not be covered by health care. This may depend on the province. You would really just have to go to your health care and ask.
4. As a PR sponsor, you must reside in Canada during the processing time. Immigration is fairly strict on that. If they get the idea that you are not residing in Canada, they may ask you for proof that you are and if you are unable to provide such proof because you had returned after a short time and aren't actually living in Canada, then your application would be cancelled and you would have to return to Canada and apply again.
5. Only if you are a Canadian citizen. A citizen can sponsor a spouse or a child even if he is living outside Canada but must provide proof that they are planning on moving to Canada when their relative gets their PR.

 

[toronto_man]

leon

you have to stay until a decision made by mississaga? or until ur family get landed? if you have been residing in Canada when you apply and then need to go back to help ur family prepare why should this be a problem?

 

[Leon]

leon

you have to stay until a decision made by mississaga? or until ur family get landed? if you have been residing in Canada when you apply and then need to go back to help ur family prepare why should this be a problem?

It is a problem because immigration has decided that you need to reside in Canada in order to sponsor your family. Those are the rules. You can criticize why they have this rule but you can not change it. If you want to sponsor your family to Canada, you have to deal with immigration Canada and abide by their rules. According to their rules, you must reside in Canada during the processing time, that is until your family get their PR visa at least. After that, you could join them and help them pack up.

Because of this rule, I would not risk more than a vacation of maximum 3 weeks during the processing time. Some people have re-joined their family outside Canada and gotten away with it. Others have gotten a letter asking if they were residing in Canada and to prove it. Not able to prove it because they aren't, they have lost their application, have to return to Canada and start again. Your application, your risk to take.

 

[toronto_man]

Thanks

For people who did it and got away with it - is there a potential issue or risk later after the wife gets approved and become permanent resident?

 

[Leon]

If they issue the PR visa, I think you are in the clear. I don't think they will look into if after the visa has been issued, let alone after she lands as a PR.