TRP FOR INFANT

[Rejoice2u]

Hi friends, Need advise.

We both have PR, but our child born outside canada. We applied for TRV in jan 2024 but got rejected, again i applied last week for TRV with TRP request letter, still got rejected. Can anyone give their valuable suggestion.

 

[Naturgrl]

One of you needs to go to Canada, and apply for PR for infant.

 

[Rejoice2u]

One of you needs to go to Canada, and apply for PR for infant.

Anyother options.

 

[Naturgrl]

Anyother options.

Do you meet your residency obligations? You can try reconsideration but no timelines for processing and with two refusals it will be difficult. What were reasons for refusal?

If TRV and TRP were both refused, then you can take the government to court through Judicial Review for error in law (if there is an error). Contact a Canadian immigration lawyer. The federal court will review your file, and if you win, your file will be reassessed by IRCC. It can still be refused. This will take time and money.

 

[sidpadki]

Do you meet your residency obligations? You can try reconsideration but no timelines for processing and with two refusals it will be difficult. What were reasons for refusal?

If TRV and TRP were both refused, then you can take the government to court through Judicial Review for error in law (if there is an error). Contact a Canadian immigration lawyer. The federal court will review your file, and if you win, your file will be reassessed by IRCC. It can still be refused. This will take time and money.

@Naturgrl Hey, I think my scenario is similar.

We are already in possession of our PR cards since 2022 but we came back to home country due to family commitment. Now, I am flying back to canada permanently in end of Feb as I will be starting my full time employment in Mar-2024. I have the offer letter too.

We had a baby girl in Apr 23 in India and right now planning to apply for TRV so that she can atleast stay with us as PR sponsorship timelimes are 5-6 months i believe and TRV is supposedly taking 1 month.

I will also apply for her PR sponsorship as soon as I land.

Any advise you can share to help me with my next steps?

 

[Naturgrl]

@Naturgrl Hey, I think my scenario is similar.

We are already in possession of our PR cards since 2022 but we came back to home country due to family commitment. Now, I am flying back to canada permanently in end of Feb as I will be starting my full time employment in Mar-2024. I have the offer letter too.

We had a baby girl in Apr 23 in India and right now planning to apply for TRV so that she can atleast stay with us as PR sponsorship timelimes are 5-6 months i believe and TRV is supposedly taking 1 month.

I will also apply for her PR sponsorship as soon as I land.

Any advise you can share to help me with my next steps?

You can apply for infant’s TRV. Since you are going to Canada without infant then start PR sponsorship as soon as you arrive. If TRV is refused, then try for TRP. Not sure if you meet RO so that may factor in whether infant is approved.

 

[sidpadki]

You can apply for infant’s TRV. Since you are going to Canada without infant then start PR sponsorship as soon as you arrive. If TRV is refused, then try for TRP. Not sure if you meet RO so that may factor in whether infant is approved.

What residency obligation are you specifically referring to? Also, What is TRP and how is it different from TRV? I have not seen any options to choose TRP but only TRV is seen

 

[Naturgrl]

What residency obligation are you specifically referring to? Also, What is TRP and how is it different from TRV? I have not seen any options to choose TRP but only TRV is seen

TRP is not an option until TRV is refused. TRP is for those inadmissable. Your RO is what I am referring to. Do you meet RO? If not you don’t want to apply to sponsor infant unless you meet RO. If you got PR in 2022, you should be okay.

 

[sidpadki]

You can apply for infant’s TRV. Since you are going to Canada without infant then start PR sponsorship as soon as you arrive. If TRV is refused, then try for TRP. Not sure if you meet RO so that may factor in whether infant is approved.

In terms of chronology this is what I am planning...


Apply for infant TRV - immediately by this week
I will travel to Canada - Feb 25th
Apply for PR sponsorship - ASAP once I land in Canada

In the meanwhile, as soon as TRV is approved, my kid can travel to Canada with her mother so that re-unite basis TRV and then wait for PR to be approved

Will the officer insist that I should be only apply for PR and not TRV?

 

[Naturgrl]

In terms of chronology this is what I am planning...


Apply for infant TRV - immediately by this week
I will travel to Canada - Feb 25th
Apply for PR sponsorship - ASAP once I land in Canada

In the meanwhile, as soon as TRV is approved, my kid can travel to Canada with her mother so that re-unite basis TRV and then wait for PR to be approved

Will the officer insist that I should be only apply for PR and not TRV?

If infant’s TRV is approved, then infant can travel with mother. Make sure you have health insurance for infant because not covered by provincial healthcare until PR. No issues with immigration at airport.

 

[sidpadki]

TRP is not an option until TRV is refused. TRP is for those inadmissable. Your RO is what I am referring to. Do you meet RO? If not you don’t want to apply to sponsor infant unless you meet RO. If you got PR in 2022, you should be okay.

Right. You mean if I have completed 2 years out of the recent 5 years rule for maintaining Pr STATUS? I thnk i am good there for now.

 

[sidpadki]

In terms of chronology this is what I am planning...


Apply for infant TRV - immediately by this week
I will travel to Canada - Feb 25th
Apply for PR sponsorship - ASAP once I land in Canada

In the meanwhile, as soon as TRV is approved, my kid can travel to Canada with her mother so that re-unite basis TRV and then wait for PR to be approved

Will the officer insist that I should be only apply for PR and not TRV?

Is there a ground for ircc refuse TRV since parents are already PR and they will argue that a infant can be a temprorary visitor/tourist since she can go back w/o her parents.

 

[Naturgrl]

Is there a ground for ircc refuse TRV since parents are already PR and they will argue that a infant can be a temprorary visitor/tourist since she can go back w/o her parents.

Sure IRCC can refuse TRV and TRP as posted above especially if you don’t meet RO. You said you have been out of Canada since 2022 so that is almost 2 years. If you haven’t spent anytime in Canada then that will certainly work against an approved TRV. Given you are in Canada and have applied for PR, it shows that one parent has entered alone and started the process. If refused, then PR will happen outland. Which may be the same amount of time to get TRV and TRP refusals combined.

 

[sidpadki]

Sure IRCC can refuse TRV and TRP as posted above especially if you don’t meet RO. You said you have been out of Canada since 2022 so that is almost 2 years. If you haven’t spent anytime in Canada then that will certainly work against an approved TRV. Given you are in Canada and have applied for PR, it shows that one parent has entered alone and started the process. If refused, then PR will happen outland. Which may be the same amount of time to get TRV and TRP refusals combined.

Sorry got a bit confused now. I dont think they can prove that I do not meet RO since I still have good 3 years to meet RO.

Also,if one parent has landed why will that be an issue for IRCC to approve TRV or PR sponsorship?

 

[Naturgrl]

Sorry got a bit confused now. I dont think they can prove that I do not meet RO since I still have good 3 years to meet RO.

Also,if one parent has landed why will that be an issue for IRCC to approve TRV or PR sponsorship?

If you are going to Canada, you apply for outland PR when you get there. The issue (for many people( is that not meeting RO can trigger the cancellation of your PR but if you only got it 2 years ago then are fine. Again I cannot tell you if TRV will be refused or approved but if you have PR sponsorship in process then that is good. It shows to IRCC that one parent was willing to come alone and start the process. Many want to travel all together like the OP who has a refused TRV and TRP. Only option is for one parent to come to Canada or pay a lawyer and go to court which will cost a lot of money and could have gotten PR in that time if one parent came to Canada. However don’t know if they meet RO or not.