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Question
Letter from CHC Delhi
Letter from CHC Delhi  
QUESTION: We have applied for Manitoba PR and our file and passports are lying at Immigration Section New Delhi, since we are residents of Bombay, India.

Our application has 5 persons.
Niloufer Mehta - Principal Applicant
Naushir Mistry - Spouse
Simone Mehta - Daughter
Sean Mistry - Step son
Sunnu Mistry - Step daughter
(I am remarried to Niloufer Mehta and we maintain different names -Sean and Sunnu are her step children but my biological)

We have completed the medicals for all of us and have sent in our passports and paid all fees including RPRF.

The issue is about Sunnu Mistry, who is my minor daughter and the custody is with her mother (who I have divorced).
We had submitted a Memorandum of Understanding (MOU) when we had applied to Manitoba Immigration authority and we received our Nomination Certificate in June 2011 from them.

However the Canada High Commission, New Delhi office is asking for her custody order from a court of law since they are relying on my divorce decree (order).

The problem is that in our country court matters take very long and especially since we do not practice a uniform civil code, every community/religion have their own laws and constitution which the courts have to deal with. In our case we are Parsis (Zoroastrians) and since the community is very small these matters are taken up for hearing infrequently  hence there are delays.  Although we have filed a petition with consent terms it is yet to come up for hearing and will mostly come up sometime in January.

The last letter from Immigration Section, New Delhi states that we must submit the documents by 12/28/2011 failing which our application may be refused. This concluding line is scary and hence we asked the New Delhi office vide a letter dated December 11, 2011 to delete my daughters (Sunnu's) name from the application and proceed with the rest.

If you would please answer the following queries:

1. Will they delete the name as per our request?
2. Can we apply again with the custody order in hand later?
3. How long will it take for the process of Sunnu's application?
4. Will the application process be easy? especially since they already have all the requisite documentation, medicals etc. pertaining to Sunnu.
5. What is the time period within which we have to land in Canada after we get the PR Visa stamp?

Thanking you in anticipation.

ANSWER: Thanks for your inquiry. We strongly suggest you to amend the custody paper(s) through court.

1. Will they delete the name as per our request?
Yes, they will comply with your request.

2. Can we apply again with the custody order in hand later?
Though it is a bit complicated to provide you with a firm answer because it each case has its own merits or legalities but as long as one has proof that the child is dependent on him/her (please read the definition of "dependent child" at www.cic.gc.ca), he or she can sponsor at later date.

3. How long will it take for the process of Sunnu's application?
It depends on case to case. (An average time is 8-12 months)

4. Will the application process be easy? especially since they already have all the requisite documentation, medicals etc. pertaining to Sunnu.
It will be definitely easy for you now, if you provide Immigration with court's amended Custody/Divorce paper(s). Talk to a lawyer in India to file some sort of Motion.

5. What is the time period within which we have to land in Canada after we get the PR Visa stamp?
The day one arrives at Airport, the Immigration put stamp on the passport and provide your with a Landed Document. Therefore, you will be considered Permanent Resident as soon as you arrived in Canada.




---------- FOLLOW-UP ----------

QUESTION: With reference to my Q # 5 I am told that for Manitoba PNP we get the PR stamp within India itself. So that considered we are supposed to have how long before we land in Manitoba?

Answer
Happy New Year.
The processing time(s) for PNP application(s) varies from Province to Province. Once the nominee certificate (an average it takes around 12-14 weeks) being issue by the Province, it's up to the the Canadian Consulate or High Commission out side Canada to process the application further. Usually, an average it takes from 6 - 8 months & some complex cases can take up to an year or so.
Regards
Ravi

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