Urgent help required from Mr Leon and Mr Qoraz and other seniors

[AFRR]

i applied for PR card renewals for myself, wife and six-yr old son in march 2011 but before we could get the new PR cards, we had to travel back to our home country due to a family emergency - which later turned into a tragedy as my mother passed away in june 2011. by this time, my wife was into her ninth month of pregnany and we were therefor forced to dilever the baby in our home country in july. since then, our PR cards have been renewed. however, now tht we are planning to travel back to canada, after dealing with various domestic issues (an elderly father being on top of the list) we find ourselves in a dilemma since our newborn child has no legal status in canada - neither does he exist in thier system.

kindly guide me abt the options i have that can help us travel back to canada with our baby as soon as possible... can he be issued a PR card on the basis of being a minor dependant baby of PR card holder parents? kindly reply asap as it is extremely imp tht we fly back to canada - esp since school has started in canada since sept n our elder son is missing out on his grade one...

thankyou in advance!
bless you!

 

[steaky]

Either you or your spouse would have to be in Canada in order to sponsor the 1 year old for permanent residence. For more details about the process, check the cic website.

You might want to try to get a TRV for the 1 year old. If that was not approved, you might get a TRP to return to Canada. Once the child is in Canada, you have the option to sponsor it within Canada.

 

[AFRR]

THANKYOU so much for the quick reply.. however could you plz elaborate a bit more abt TRV and TRP... how long will i have to wait to get it? and wat are the chances of the baby getting it without any hurdles... we have already lost a lot of time... i just want to head back to canada as soon as humanly possible

 

[steaky]

TRV = visitor visa = temporary resident visa
TRP = temporary resident permit

To get TRV or TRP, you need to complete certain forms and submit them in the Canadian consulate/embassy in your home country. You can check the application processing time in the cic website.

 

[Leon]

I'd like to add to that, that a TRV is a regular visit visa. Parents are often refused a TRV for their babies in this situation because the intention is not to visit but to stay permanently. Then it is possible to apply for a TRP which is another temporary visa that is granted on humanitarian grounds. If it so happens that both TRV and TRP are refused, your only option left is for one of the parents to go to Canada and sponsor.

 

[AFRR]

dear leon!
thankyou so much for your reply... i have one more question in mind though and was hoping you could help me out in this regard... since my mother's death, my father is alone now in my home country pakistan. i am the only son and now that you have given me hope regarding my new born's entry into canada, i was wondering if i can delay my return - owing to my father's possible super visa process, wrapping up property matters etc.
so my question is:
can i apply for my son's TRP or TRV or even sponsorship after a year or so? let me clarify that i willl also be staying here in pak along with my wife and older son... we have recently-renewed PRs and can afford staying out of canada for another year im sure... i just feel tht im at the juncture of my life tht i need to move my elderly father at the top of my priority list... i hope you can understand.
kindly guide accordingly...
thanks once agn!
bless you!

 

[Leon]

As a PR, you must be living in Canada at least 730 days every 5 years so as long as you can look back at the last 5 years and say that yes, you were in Canada for 730 days or more during that time, you still meet the residency requirements. Then you can stay knowing that you can return and sponsor your son later.

If your father is ill and needs to be cared for, it is also possible that immigration will allow you to keep your PR even if you end up staying outside longer. In case it comes to that, you should keep all his medical reports.

 

[AFRR]

leon
does this apply only in the case of when i want to sponsor my child or will this also be the case in the event that i apply for a TRP?
correct me if im wrong: does a TRP take less time to process versus sponsorship of the baby in which case there is a 6+month wait n i will have to leave my family back in pakistan?
thanks

 

[Leon]

does this apply only in the case of when i want to sponsor my child or will this also be the case in the event that i apply for a TRP?
correct me if im wrong: does a TRP take less time to process versus sponsorship of the baby in which case there is a 6+month wait n i will have to leave my family back in pakistan?
thanks

Will what apply? The 730 day rule applies to all PR's. Once you reach the limit of being outside Canada for 1095 days and more in the past 5 years, you do not meet the residency requirements any more and there is no guarantee that the embassy would give you a travel document to return to Canada after that. Even if you had a valid PR card and could hope to slip in unnoticed, you would have a problem sponsoring your child if you do not meet the requirements yourself.

Unfortunately, Pakistan has a very long processing time, around 2 years last I checked. Therefore it would be best for you to apply for a TRP for your child and a travel document for yourself while you still meet the residency requirements so you and your family can go to Canada together and stay together in Canada for the duration of the sponsorship processing. As a PR, you must live in Canada during the processing time.