canadian baby has just been born

[dast]

Hi,

My baby was born yesterday morning to a Canadian girl. I have to leave Canada before the 11th October as my visitor vis runs out. Could anyone tell me where I go from here? What kind of visa do i apply for? Also will i have to stay out of the country whilst it is process? I really need to be around my child at the moment.

Any help/advice would be muchly appreciated!

[Leon]

Congratulations

Last time you asked this question at http://www.canadavisa.com/canada-immigration-discussion-board/need-advice-asap-t10650.0.html;msg37028#msg37028 I told you that you should apply for extension of your visitor visa before it runs out.  You are really supposed to do that 30 days before your status exprires so you should have done it at the time you posted your last message but maybe you will still get away with it if you do it immediately and say you didn't know any better.  You do not have to leave the country while you are waiting for them to get back to you on your visa extension.  The processing time right now is 69 days so even if they say no, you will have bought yourself a couple of months.  If they say yes, then good.

You can find the form to apply for extension at http://www.cic.gc.ca/english/information/applications/visitor.asp

[dast]

I've decided to reurn back to the UK for a break anyways now, it seems simpler. Then I'm coming back again on a visitor visa. The thing is that I'm wishing to apply for residency here so I can be with my child. I just wondered:

a) Is it under a family-class sponsorship?
b) Does it have any benefits having a canadian child here, as in my application for residency?
c) Would I have to apply in the UK?
d) How long does it take?

Cheers!

[Leon]

a) Have you been living with this girl for a year or will you marry her?  If yes, then she can sponsor you for permanent residency.
b) No
c) If the mother of your baby will sponsor you to immigrate, you could come in on a tourist visa, she sponsors you, you wait approximately 6 months for a work permit and longer for PR.  If you have not been living together and not planning to get married, she can not sponsor you and then it depends on what you do and what province you are in how easy it will be for you to get a job offer and a temporary work permit.  If you qualify to apply as a skilled worker, that application has been taking about 3 years from the UK but they are changing the rules so they can hand pick people with professions they need so faster if you are in those professions and pretty much impossible if you are not.
d) Depends on which application you do.

[RobsLuv]

Be aware, though, that there is no guarantee they will allow you to re-enter Canada after you "take a break" to go back to the UK for awhile.  You are visa-exempt, but you must still demonstrate on entry that the intention of your visit is only temporary and that might be a bit difficult to do if you admit to having a Canadian born child. 

My suggestion - apply to extend your visitor status, regardless.  Send it overnight by FedEx if you have to, and get delivery confirmation!  As long as your application is received by CPC-Vegreville PRIOR TO expiration of your current status, you have "implied status" to remain in Canada until a decision is made.  And if you and your partner have been living together for at least one year so that you qualify as common-law partners, she should file an application to sponsor you for permanent status.  If you file outland, you're free to travel - if you file inland you must stay in Canada for the duration of the process (which is 12-18 months).  Most importantly, if you've not yet lived together for a year, your leaving Canada now for "a break" could adversely affect your ability to qualify later as common-law partners if you don't intend to marry her.