URGENT HELP PLZ! CHILDREN DECLARED AS NON ACCOMPANYIN. WHEN WILL THEY GET PR???

[steen]

ok so I am a canadian citizen. married to a Jamaican man. My husband has 2 children with his ex wife. when we initially applied for PR for my husband we declared his 2 children but we listed them as non accompanying and in the reason why they are not accompanying my husband we wrote " there mother has full custody" my husband has not yet been approved however i think we are nearing the end of his application ( atleast i hope we are) his application is in process and the 2 jamaican children have already gone through medical exams and we have paid my husbands RPRF that was requested. Now my question is, will his children be granted PR at the same time as my husband ( when I spoke with cic call center in canad this is what i was told that the 2 children would be given PR at the same time but could just come later if they choose) however now im reading that we will have to re apply to sponsor the 2 jamaican children?! this would not be the 1st (or 2nd) time weve received wrong info from CIC call center so i am not surprised if what they told us is wrong. if they are not given PR with my husband will we have to do the entire process and waiting time over again for the 2 children?? The 2 children are now wanting to immigrate to Canada shortly after my husband settles in canada ( by shortly i mean aproximately 3 months or so just enough time for my husband to find stable work and for us to find a bigger place to have room for the 2 jamaican children) there mother ( my husbands ex-wife) is now tell him to take them and that she does not object to them immigrating she has also told us she will write us a paper saying she is giving us full custody so we can take them to canada). also when submitting my husbands PR application initially we did include a letter of no objection signed by his ex wife stating she does not object to the 2 children immigrating to canada. someone please help?!?! will we need to do the process all over? including waiting another year? will the 2 children be issued PR at the same time as my husband? is there a way we can change non accompanying to joining us a few months later? thanks!

 

[MilesAway]

They are non-accompanying, so they will only get PR if you sponsor them at a later time, so yes, the processing time again. They only receive PR at the same time if they are accompanying.
You could change them to accompanying, but that may delay things.

 

[agarand8]

They will not be granted PR along with your husband because you chose that they were not accompanying him to Canada. You can write to CIC and change from non-accompanying to accompanying but it will definitely delay your process. If you are nearing the end of your husbands process and you will be able to be together soon it might be best to just leave it and reapply for the children. You can even send the new application for the children now before your husbands application is finished processing.

If you change the children to accompanying then there will probably be some additional paperwork that CIC will need and they won't approve your husband and then process the children, the entire thing will be delayed. It's your choice of what you want to do, you just have to tell the mother that you can't make quick decisions like these when paperwork is involved and that she will have to keep them for a while longer.

It's probably better for your husband to come first, get settled, find a job and everything and then the kids will come after a year or so and you won't have to do everything at once.

 

[steen]

Thanks for your quick replies!! This is very frustrating! if CIC would have given us the right info to begin with we would never be in this situation! has anyone gone through this? any idea how long it would delay it if we changed them to accompanying? CIC told us that if we declared them as accompanying they would have to arrive the same day with there father ( which we wont have accommodations for them until after my husband gets here). if we change them to accompanying will the children have to come to canada the same day as there father? or can they come after there father is already in canada.

 

[agarand8]

No I'm pretty sure that you all need to land together.

It sounds more and more like applying separately to bring the kids would be a much better option for you guys, even though you would have to do the waiting game again.

 

[steen]

Darn. If we send a separate application for the children I'm assuming we will have to pay the processing fees again? And wait the full time? Any idea if it would be shorter? Also do we need to get a court order changing full custody? There mother currently has full custody it was automatically included in the divorce because my husband was a temp worker In Canada for many years. Will immigration need a court oder of can there mother just sign and write a letter giving us full custody and permission to take them to Canada? We really don't want to have to pay lawyer and court fees and get court involved. She is willing to just sign them over to us no issues

 

[canuck_in_uk]

You can even send the new application for the children now before your husbands application is finished processing.

No she can't. The application would need to be sent by the father after he becomes a PR.

No I'm pretty sure that you all need to land together.

They can either land with the principal applicant or after. All must land prior to the expiry date on their COPRs.

Darn. If we send a separate application for the children I'm assuming we will have to pay the processing fees again? And wait the full time? Any idea if it would be shorter? Also do we need to get a court order changing full custody?

Will immigration need a court oder of can there mother just sign and write a letter giving us full custody and permission to take them to Canada?

If the children weren't accompanying, you shouldn't have paid any fees for them. Your husband would need to submit 2 separate applications, as the 2 children couldn't be sponsored together; it would be $150 per app, same as it would be if you included them in your husband's app. Processing times are usually shorter when just sponsoring children but that's never guaranteed.

You wouldn't need a court order. The mother would need to fill out a form giving permission for the children to immigrate and have it notarized. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5604E.pdf

If you change them to accompanying on this app, they can land with their father and return to Jamaica until you guys have settled or if their COPRs are valid for long enough, they could put off their landing until they move to Canada.

 

[steen]

So would my husband be the sponsor instead of me for his children if we wait until he arrives in Canada to submit there application

 

[sammystorm19]

So would my husband be the sponsor instead of me for his children if we wait until he arrives in Canada to submit there application

Steen - join us over on the Kingston topic on here. We have members there that have done the same thing as you.

http://www.canadavisa.com/canada-immigration-discussion-board/kingstonjamaica-t29680.48090.html

Also - when you paid your fees for the application did you pay for the children? If you didn't, then yes you need to apply for them again and the wait time is the same as what your husbands would be.

 

[Alurra71]

So would my husband be the sponsor instead of me for his children if we wait until he arrives in Canada to submit there application

Correct. If your husband lands first and then sponsors the children, HE would be the sponsor, not you.