Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Visitor Visa, Family Sponsorship and Lost PR
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BogdanT Posts: 3
Posted On: 6/14/2014
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Hello,
Excuse me for a long question.
My spouse, my son and I have had immigration visas valid till April 2011.
I was the principal applicant in the Federal Skilled Worker Class.
I've became permanent resident in April 2011. Due to the risk of miscarriage my spouse didn't accompanied me to Canada.
After landing I've returned to Ukraine. In April 2014 I've returned to Canada and found a job there.
Now I'm in Toronto while my family in Ukraine.
I understand that according to the Canadian legislation our family can't appeal to the expired decision about Permanent Residence for my spouse and son.
Now we have a daughter also who wasn't included into our original application for PR.
I see the only option is to sponsor my family and wait for results about 2(!) years - according to time processing for Canada and Ukraine.
So my questions are -
1. Is it possible to obtain Temporary Visitor Visa for my family to allow them to spend one month with me in Toronto? The problems are - I've started to work from the June only, my wife returned to work from maternity leave in June also. I didn't start Family Sponsorship process yet, because I have one paystub only and I'm afraid that it would be suspicious from the case worker point of view. The same true for my wife - one paystub due to previous maternity leave.
From the other hand our son supposed to start go to school in Ukraine from September.
It would be more difficult to distract him for a whole month from the study process.
2. I'm going to submit for a Family Sponsorship after a several months - the reason for waiting I've mentioned above - I've returned to Canada in April and started to work after 1.5 month of job search.
Is there a way that I've missed something and there is a way to bring my family to Canada in a more faster way?
I understand that it is my fail (don't paying attention to the PR visa conditions) and
adverse circumstances (my wife's severe pregnancy).
My son now is 13 y.o. and daughter is 3 y.o. - it would be so hard to wait about 2 years.
Thank You.
P.S. I've read topic http://www.settlement.org/discuss/topic.asp?TOPIC_ID=21501
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Moderator Moderator Posts: 4144
Posted On: 6/26/2014
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Hello,
Thank you for sharing your situation and question with us. We can appreciate that you would be concerned about the processing times and long timelines.
You can find some information on how to get a visa to visit Canada in our Settlement.Org How can I help someone get a visitor visa to come to Canada? article.
It is important to note that unfortunately, there are no guarantees that they will be provided a visa, and if they do get one, there are no guarantees that it would be extended if needed.
Unfortunately, we do not have any information on a faster process to bring your family as permanent residents.
We suggest that you may also want to contact the the Citizenship and Immigration Canada (CIC) Call Centre for some additional information related to your own situation.
We also hope that others who are in or have experienced a similar situation can share their experiences and suggestions with you.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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BogdanT Posts: 3
Posted On: 6/26/2014
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Hello and Thank You for the answer,
It doesn't contain new information for me, but I've seen before a lot of very qualified and useful answers from moderators of settlement.org. So I'm afraid that such long delay with answer means only that there is no easy solution can be found in our case.
I've called to CIC Call Centre and their answer was close to your answer (like "you can apply for any type of visa, but we can't guarantee the positive solution"). Also CIC Call Centre worker advised to visit any Immigrant Services(a non-profit community organization), because my question is actually consulting and not a question about laws or rules (I agree).
In Immigrant Services I've heard more pessimistic opinion about my family's chances to receive visas for one month vacation. Immigration counsellor told me that in our case we must apply for Family Class Sponsorship only. And wait several months before applying - because now I'm working in Canada one month only.
So I can't even formulate my next question.
I'm looking at Family Sponsorship documents and it looks like it is against 'false' marriage. But in our case we married 14 years, have 2 children and was assessed as a Family for Federal Skilled Worker Class.
I'm looking at visa for Travelers and it looks like the main request is to provide proofs that my family will leave Canada. And in our case the may reason for leaving Canada is to abide the law to be able receive PR via Family Class later. And I see no way to provide documented proof of our 'good will'. My wife is a nurse and the only chance for her to receive registration in any provincial organization of registered nurses is to have fresh experience, not just return from maternity leave. But it is just a words and I see no way submit it as a supporting document.
I'll appreciate any advice or hint which can help me to understand what can I do (even "You have no chances. Leave Canada now" :) ).
Thank You.
P.S. I sorry for poor explanation, but as I mentioned before it is hard to formulate right question.
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MelM Posts: 226
Posted On: 6/27/2014
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If your wife and son never came to Canada to "land" and become permanent residents - then there is nothing to appeal because they never became PRs. They have to apply again from scratch.
I don't see why your family sponsorship application won't be approved - as long as you complete the paperwork properly. It's clear your relationship with your wife is genuine and there will be no issues sponsoring your children. However you won't be able to leave Canada while their application is being processed because you are a PR and because you are so close to not meeting your own residency requirement for keeping your PR status.
Yes - to be approved for a tourist visa (TRV) your wife and children must prove that they have strong ties to their home country and have no plans on remaining in Canada long term. Since you are a PR, there is a very good chance their TRVs will be refused.
I would try to get a TRV for your family first and see if it's approved. If it is refused, then you will have to make the difficult choice to either proceed with the family sponsorship application and be separated from your family for around 2 years - or give up your PR status and be reunited with your family immediately.
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BogdanT Posts: 3
Posted On: 6/27/2014
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I would try to get a TRV for your family first and see if it's approved. If it is refused, then you will have to make the difficult choice to either proceed with the family sponsorship application and be separated from your family for around 2 years - or give up your PR status and be reunited with your family immediately.
Thank you, that is what I'm actually going to do. There also a lot of other details (like current situation in Ukraine) which can be considered either as a pros or as a cons. And as far as I understand all it is up to visa officer in Kyiv visa office.
You are right there is nothing to appeal from the legal point of view.
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