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Problem in immigrating together with parents

Problem in immigrating together with parents

Old Mar 12th 2004, 12:32 am
  #1  
Steve
Guest
 
Posts: n/a
Default Problem in immigrating together with parents

Dear immigration experts!!!

I need your advice in very important for me matter:

Three years ago I've submitted my documents for immigration to Canada
under Independant immigrant category. As dependant member of my family
I wrote my father, who lives with me. On that stage the immigration
officer allowed me to write my father into my file, and moreover, the
Immigration Section allowed him to open his own file.
Since then has passed 3 years. Now, when my file finally arrived to
the interview and medical test stage, the Immigration Section suddenly
returned my father's documents, process fee payment and closed his
file.
On the question, may or not he immigrate with me, an officer told me,
that according the new laws, only when I'll arrive to Canada, I'll be
able to submit his documents under Family or Sponsorship category.

So I don't know what to do, and here're the questions I can't find to
them the answer:
1. Can I require from the Immigration section to resume his file?
2. THE MOST IMPORTANT: Can my father fly with me to Canada, when I'll
get the permanent resident visa?
3. How long he can stay in Canada, as a tourist or a visitor (or, if
I'll sponsor him)?
4. May I submit his documents upon landing, and be with him in Canada,
or he should submit them in country we're staying now?
5. When and where in Canada can I submit father's documents for
immigration?
6. How long will continue the process?
7. Will take the Immigration section in account his file, that was
opened on my father's name?

I asked quite a lot questions, but I'm very appreciative for any your
advice.
This is very important to me.

Thanks in advance.
 
Old Mar 12th 2004, 2:29 am
  #2  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Problem in immigrating together with parents

Parents are not dependants of primary applicant - only his or her spouse and
children are and can be included in the application. This is why your
father's package was returned.

Now your questions:

    > 1. Can I require from the Immigration section to resume his file?

No. Unless he qualifies in Skilled Workers or Business class on his own.

    > 2. THE MOST IMPORTANT: Can my father fly with me to Canada, when I'll get
the permanent resident visa?

Yes, but only if he qualifies for and receives a visitor visa. Depending
from nationality and ties to home country it may not be easy for him to get
a visa.

    > 3. How long he can stay in Canada, as a tourist or a visitor (or, if I'll
sponsor him)?

If he can get a visa and is admitted to Canada as visitor then he may stay
for the duration of admission granted by officer at the port of entry.
Admission can be granted for up to 6 months. But you cannot sponsor him
immediately upon landing anyway - you must first establish your life in
Canada and earn minimum income required to be approved as a sponsor within
12 months prior to starting sponsorship application. So, it will take you
quite some time before you can start sponsorship process and it is highly
unlikely that your father (if lucky to get to Canada as visitor in the first
place) will be allowed to stay as long as sponsorship process will take.

    > 4. May I submit his documents upon landing, and be with him in Canada, or
he should submit them in country we're staying now?

Your father's PR application will have to be submitted to proper visa post
outside Canada - to visa post that serves country of your father's
nationality or country of current residence if he has been lawfully admitted
there for at least 12 months.

    > 5. When and where in Canada can I submit father's documents for
immigration?

As I already wrote above - you will be able to start sponsorship process
only after you are well established in Canada and after you already earn
enough income here to qualify as a sponsor. It may take you a year or maybe
even longer, depending how lucky you'll be finding job providing you with
enough income.

    > 6. How long will continue the process?

Your application to be approved as a sponsor will take about 8 months (at
per current timelines) and then his PR application may take anywhere from 1
to 4+ years, depending from his nationality, countries of residence,
background and of course visa post his application must be submitted to.

    > 7. Will take the Immigration section in account his file, that was
    > opened on my father's name?

It will not be considered.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________




"Steve" <[email protected]> wrote in message
news:[email protected]...
    > Dear immigration experts!!!
    > I need your advice in very important for me matter:
    > Three years ago I've submitted my documents for immigration to Canada
    > under Independant immigrant category. As dependant member of my family
    > I wrote my father, who lives with me. On that stage the immigration
    > officer allowed me to write my father into my file, and moreover, the
    > Immigration Section allowed him to open his own file.
    > Since then has passed 3 years. Now, when my file finally arrived to
    > the interview and medical test stage, the Immigration Section suddenly
    > returned my father's documents, process fee payment and closed his
    > file.
    > On the question, may or not he immigrate with me, an officer told me,
    > that according the new laws, only when I'll arrive to Canada, I'll be
    > able to submit his documents under Family or Sponsorship category.
    > So I don't know what to do, and here're the questions I can't find to
    > them the answer:
    > 1. Can I require from the Immigration section to resume his file?
    > 2. THE MOST IMPORTANT: Can my father fly with me to Canada, when I'll
    > get the permanent resident visa?
    > 3. How long he can stay in Canada, as a tourist or a visitor (or, if
    > I'll sponsor him)?
    > 4. May I submit his documents upon landing, and be with him in Canada,
    > or he should submit them in country we're staying now?
    > 5. When and where in Canada can I submit father's documents for
    > immigration?
    > 6. How long will continue the process?
    > 7. Will take the Immigration section in account his file, that was
    > opened on my father's name?
    > I asked quite a lot questions, but I'm very appreciative for any your
    > advice.
    > This is very important to me.
    > Thanks in advance.
 
Old Mar 12th 2004, 3:37 am
  #3  
Jim Humphries
Guest
 
Posts: n/a
Default Re: Problem in immigrating together with parents

This is an example of the unreliability of visa officers. The explanation
given to you is specious but there is little you can do now. Once you land
in Canada you will have to wait at least a year before sponsoring your
father and his application would very likely take more than a year to
complete. Sad but true in the present environment at CIC.
--
Jim Humphries, former visa officer
"Steve" <[email protected]> wrote in message
news:[email protected]...
    > Dear immigration experts!!!
    > I need your advice in very important for me matter:
    > Three years ago I've submitted my documents for immigration to Canada
    > under Independant immigrant category. As dependant member of my family
    > I wrote my father, who lives with me. On that stage the immigration
    > officer allowed me to write my father into my file, and moreover, the
    > Immigration Section allowed him to open his own file.
    > Since then has passed 3 years. Now, when my file finally arrived to
    > the interview and medical test stage, the Immigration Section suddenly
    > returned my father's documents, process fee payment and closed his
    > file.
    > On the question, may or not he immigrate with me, an officer told me,
    > that according the new laws, only when I'll arrive to Canada, I'll be
    > able to submit his documents under Family or Sponsorship category.
    > So I don't know what to do, and here're the questions I can't find to
    > them the answer:
    > 1. Can I require from the Immigration section to resume his file?
    > 2. THE MOST IMPORTANT: Can my father fly with me to Canada, when I'll
    > get the permanent resident visa?
    > 3. How long he can stay in Canada, as a tourist or a visitor (or, if
    > I'll sponsor him)?
    > 4. May I submit his documents upon landing, and be with him in Canada,
    > or he should submit them in country we're staying now?
    > 5. When and where in Canada can I submit father's documents for
    > immigration?
    > 6. How long will continue the process?
    > 7. Will take the Immigration section in account his file, that was
    > opened on my father's name?
    > I asked quite a lot questions, but I'm very appreciative for any your
    > advice.
    > This is very important to me.
    > Thanks in advance.
 
Old Mar 12th 2004, 6:38 am
  #4  
James Metcalfe
Guest
 
Posts: n/a
Default Re: Problem in immigrating together with parents

The key to your father's application to accompnay you to Canada is to refile
it as a skilled worker and ask for consideration under 25(1) of the Act due
to the existence of Humanitarian and Compassionate grounds. There has been a
long standing policy that dependent-like situations can be considered on
these grounds. You have to make the case that he is truly a dependent and
has been one for some time. You will have to highlight the hardships he
would face if he was separated from you by your emigration to Canada. I
would warn you that these applications are rare and depend on the officer
who reviews them. Visa Officers have wide latitude in using their general
discretion under the section of the Act. HOwever if you do not apply and do
not make the request the Visa officer is not obliged to explore this
possibility.

Jim metcalfe



"Steve" <[email protected]> wrote in message
news:[email protected]...
    > Dear immigration experts!!!
    > I need your advice in very important for me matter:
    > Three years ago I've submitted my documents for immigration to Canada
    > under Independant immigrant category. As dependant member of my family
    > I wrote my father, who lives with me. On that stage the immigration
    > officer allowed me to write my father into my file, and moreover, the
    > Immigration Section allowed him to open his own file.
    > Since then has passed 3 years. Now, when my file finally arrived to
    > the interview and medical test stage, the Immigration Section suddenly
    > returned my father's documents, process fee payment and closed his
    > file.
    > On the question, may or not he immigrate with me, an officer told me,
    > that according the new laws, only when I'll arrive to Canada, I'll be
    > able to submit his documents under Family or Sponsorship category.
    > So I don't know what to do, and here're the questions I can't find to
    > them the answer:
    > 1. Can I require from the Immigration section to resume his file?
    > 2. THE MOST IMPORTANT: Can my father fly with me to Canada, when I'll
    > get the permanent resident visa?
    > 3. How long he can stay in Canada, as a tourist or a visitor (or, if
    > I'll sponsor him)?
    > 4. May I submit his documents upon landing, and be with him in Canada,
    > or he should submit them in country we're staying now?
    > 5. When and where in Canada can I submit father's documents for
    > immigration?
    > 6. How long will continue the process?
    > 7. Will take the Immigration section in account his file, that was
    > opened on my father's name?
    > I asked quite a lot questions, but I'm very appreciative for any your
    > advice.
    > This is very important to me.
    > Thanks in advance.
 
Old Apr 2nd 2004, 1:42 am
  #5  
Steve
Guest
 
Posts: n/a
Default Re: Problem in immigrating together with parents

Dear, James Metcalfe, Andrew Miller, Jim Humphries!

Please, give your advice to the following thought:
If I will write a letter to the immigration section (or a Head of the
Immigration Section) and describe the situation, that my father lives
all the life with me, and he has nobody who can help him except of me,
and he's a 67 years old pensioner and can support himself only by
welfare (that is enough only for appartment rent and leaves not a cent
for the life support), and I have quite enough funds to support both
of us for the long settlement period (I suppose, that approximately
$100,000CAD is quite enough for this purpose), if we're living in the
country, where he can not understand the language, and this will
harden his life, if he'll stay alone...
If I'll describe all the information in the letter and support it by
documents, is there at least any chance that the immigration
authorities will allow to my father immigrate with me and not to leave
him alone back here,while I'll try to get a job, submit documents for
his immigration, to wait for an issuing him a visa for unknown period
of 3-5 years.
If there is such chance, please, advice me, should I send the letter
to the local Immigration Section, or to the central one (if I not
mistake, it's in Mississauga).

I thank you in advance for any advice.
 
Old Apr 2nd 2004, 2:09 am
  #6  
Jim Humphries
Guest
 
Posts: n/a
Default Re: Problem in immigrating together with parents

If you do not ask you cannot get, but the chances are slim that the visa
office would accept the idea.
--
Jim Humphries, former visa officer
"Steve" <[email protected]> wrote in message
news:[email protected]...
    > Dear, James Metcalfe, Andrew Miller, Jim Humphries!
    > Please, give your advice to the following thought:
    > If I will write a letter to the immigration section (or a Head of the
    > Immigration Section) and describe the situation, that my father lives
    > all the life with me, and he has nobody who can help him except of me,
    > and he's a 67 years old pensioner and can support himself only by
    > welfare (that is enough only for appartment rent and leaves not a cent
    > for the life support), and I have quite enough funds to support both
    > of us for the long settlement period (I suppose, that approximately
    > $100,000CAD is quite enough for this purpose), if we're living in the
    > country, where he can not understand the language, and this will
    > harden his life, if he'll stay alone...
    > If I'll describe all the information in the letter and support it by
    > documents, is there at least any chance that the immigration
    > authorities will allow to my father immigrate with me and not to leave
    > him alone back here,while I'll try to get a job, submit documents for
    > his immigration, to wait for an issuing him a visa for unknown period
    > of 3-5 years.
    > If there is such chance, please, advice me, should I send the letter
    > to the local Immigration Section, or to the central one (if I not
    > mistake, it's in Mississauga).
    > I thank you in advance for any advice.
 

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