Visitor visa for an International Student son

[momstudent87]

Hello there:

I would like to hear some input on my situation.

I am an international student and single mom. I started my PhD five years ago but because my funding wasn’t big enough It wasn’t possible for me to travel with my son. After a year in my PhD I managed to get extra funding which, was enough to get my son with me in a study permit. After a year I applied for a visa for him and received a visitor record for him. Last year in January his father and I decided that it was good for him to come back to live for a year with him. In December of 2018 I applied to extend my study permit and for a visitor visa for him. I am not sure what happened along the process because I got my study permit renewal but his visitor visa didn’t get any answer yet.

Since he is in Colombia and I was in Canada, I was expecting his visa being processed in Bogota but I was told that his visa was being processed in Ottawa. I got this information after I filled the IRCC web form because his application was taking a lot of time. I filled a new IRCC web form asking for any updates but the Ottawa office just told me that they’ll put a note. That was almost a month and a half ago and still... nothing.

Since this last year has been really hard for my son and for me, I decided to come back to colombia to be with him. Reading on this forum I found that sometimes when something is wrong with the applications, officers tend to take more time instead of giving a refusal or an answer. Because of that, I decided to withdraw his application and applied again from Colombia.

This time, I applied for a trv for me (I didn’t have a visa to come back to Canada) and a visa for him.

Since I don’t have any funding, my common in law partner (who is not my son’s father) decided to write a letter explaining that he is the person paying for me and my son’s expenses. He is currently working full time in an stable company with a good salary.

I already got my visa approved but my son’s visa hasn’t been approved or updated yet.

I am very nervous since even though I withdrew his previous application, is still active because it hasn’t been checked.

Could anybody give me any idea why this is happening?

I have noticed that every time that I applied for a visa for my son, officers would take a lot of time.

 

[canuck78]

Hello there:

I would like to hear some input on my situation.

I am an international student and single mom. I started my PhD five years ago but because my funding wasn’t big enough It wasn’t possible for me to travel with my son. After a year in my PhD I managed to get extra funding which, was enough to get my son with me in a study permit. After a year I applied for a visa for him and received a visitor record for him. Last year in January his father and I decided that it was good for him to come back to live for a year with him. In December of 2018 I applied to extend my study permit and for a visitor visa for him. I am not sure what happened along the process because I got my study permit renewal but his visitor visa didn’t get any answer yet.

Since he is in Colombia and I was in Canada, I was expecting his visa being processed in Bogota but I was told that his visa was being processed in Ottawa. I got this information after I filled the IRCC web form because his application was taking a lot of time. I filled a new IRCC web form asking for any updates but the Ottawa office just told me that they’ll put a note. That was almost a month and a half ago and still... nothing.

Since this last year has been really hard for my son and for me, I decided to come back to colombia to be with him. Reading on this forum I found that sometimes when something is wrong with the applications, officers tend to take more time instead of giving a refusal or an answer. Because of that, I decided to withdraw his application and applied again from Colombia.

This time, I applied for a trv for me (I didn’t have a visa to come back to Canada) and a visa for him.

Since I don’t have any funding, my common in law partner (who is not my son’s father) decided to write a letter explaining that he is the person paying for me and my son’s expenses. He is currently working full time in an stable company with a good salary.

I already got my visa approved but my son’s visa hasn’t been approved or updated yet.

I am very nervous since even though I withdrew his previous application, is still active because it hasn’t been checked.

Could anybody give me any idea why this is happening?

I have noticed that every time that I applied for a visa for my son, officers would take a lot of time.

Are you on authorized leave from your university?

 

[momstudent87]

Are you on authorized leave from your university?

Yes, I am in the final stages of writing my thesis so, my supervisor is ok with me being here. However my common in law status is going to “expire” soon.

 

[canuck78]

Not sure what you mean as common law status expiring. If you are planning on applying for PGWP not sure how your absence from Canada for a semester will affect your application. Withdrawing his previous application shouldn’t have an effect on his application. You will have to follow-up with CIC. The fact that you have been living in Colombia for the past 4 months may be one of the issues that is creating a problem. Sounds like the financial support is coming from your common law who is not the boys father. That could also be an issue. When did you apply for both TRVs?

 

[momstudent87]

Not sure what you mean as common law status expiring. If you are planning on applying for PGWP not sure how your absence from Canada for a semester will affect your application. Withdrawing his previous application shouldn’t have an effect on his application. You will have to follow-up with CIC. The fact that you have been living in Colombia for the past 4 months may be one of the issues that is creating a problem. Sounds like the financial support is coming from your common law who is not the boys father. That could also be an issue. When did you apply for both TRVs?

Hi, thanks for your response. I am worried because I am not sure if they will allow my son to come back to Canada with me. You are right, if I am planning to apply for a PGWP my absence will not affect it, however, I am worried that my son's status is causing me a lot of headaches.

Respecting the Common in law in Canada is not valid after 3 months living separated, in our case those three months are due in a couple of weeks, I am not sure if that is going to be a problem once they revise my son's application.

The first application was on the 21 of December 2018. The second one on the 23rd of March.

 

[canuck78]

Hi, thanks for your response. I am worried because I am not sure if they will allow my son to come back to Canada with me. You are right, if I am planning to apply for a PGWP my absence will not affect it, however, I am worried that my son's status is causing me a lot of headaches.

Respecting the Common in law in Canada is not valid after 3 months living separated, in our case those three months are due in a couple of weeks, I am not sure if that is going to be a problem once they revise my son's application.

The first application was on the 21 of December 2018. The second one on the 23rd of March.

Think you misread my previous post. I think your absence from Canada for a semester could be an issue for PGWP. Given that you haven’t been in Canada and don’t seem to have the finances to support him he may not be granted a TRV. Were you living together for 1 year straight already. For issues like spousal sponsorship 3 month separation will not be accepted. When did you submit your application and your sons?

 

[momstudent87]

Think you misread my previous post. I think your absence from Canada for a semester could be an issue for PGWP. Given that you haven’t been in Canada and don’t seem to have the finances to support him he may not be granted a TRV. Were you living together for 1 year straight already. For issues like spousal sponsorship 3 month separation will not be accepted. When did you submit your application and your sons?

Yes, we were living together for almost two years, we even filed taxes together this year. The first application was inside Canada however, I stated that my son was in Colombia. The second application was in Colombia.

I understand that finances are one of the biggest issues this is why is so important for me to keep my status as common in law since my partner is the one paying for me and my son. I also have some money in a bank account but, is just 2000 CAD.

 

[canuck78]

Yes, we were living together for almost two years, we even filed taxes together this year. The first application was inside Canada however, I stated that my son was in Colombia. The second application was in Colombia.

I understand that finances are one of the biggest issues this is why is so important for me to keep my status as common in law since my partner is the one paying for me and my son. I also have some money in a bank account but, is just 2000 CAD.

Your son is not his son so his funds wouldn't necessarily be applicable to his case. Although CRA may use less than 3 month separation as the definition of common law, immigration seems to require much less of a separation. You can order GCMS notes to see what is going on with your case but that takes 30 days or call IRCC hotline. You need a Canadian #.

 

[momstudent87]

Your son is not his son so his funds wouldn't necessarily be applicable to his case. Although CRA may use less than 3 month separation as the definition of common law, immigration seems to require much less of a separation. You can order GCMS notes to see what is going on with your case but that takes 30 days or call IRCC hotline. You need a Canadian #.

Thanks a lot!

 

[momstudent87]

Got the passport request letter yesterday! You can't imagine how relieved I am. Thanks for your comments.