Hi,

You CANNOT fulfill the landing requirement without first adding the child to your application - you NEED TO THIS FIRST.

"Unless your child is a Canadian citizen, your visa is now invalid because you have a new family member who has not been examined and you will not be permitted to enter Canada. If your child was born in Canada or if one of its parents is a Canadian citizen, the child is therefore a Canadian citizen."

Since in your case, you are expecting the child to be born before 2/2/2008, "you must add the child to your application now by sending a copy of the birth certificate along with 4 identity photos to your Consular, or whatever office that has been handling your application process all along."

"Your child will have to undergo a medical examination. If the child is accompanying you to Canada, you will also have to pay the required fees for the child and submit a copy of the passport used for the child. If your destination is in the province of Quebec, you must also obtain a Certificat de sélection du Québec (CSQ) for your child."

You MUST also return your visas and Confirmation of Permanent Residence forms to your consular office for cancellation, or to whatever office that has been handling your application process all along. Once your child has been examined, unless he or she is medically inadmissible, you will issued the visa(s).

Any current family member not examined now can NEVER be sponsored by you in the future. Misrepresenting or withholding information would render you inadmissible to Canada," Even though, the baby will be a U.S. Citizen, not letting Canada know that this baby will exist prior to landing, would bar you from entering or remaining in Canada, ever. 

I am quite sure that you will not want any of these things to happen to you later on.

So, your next step will be to contact your consular office, or whatever office that has been handling your application process all along, for the appropriate forms for your child. 

You will soon be in Canada after your child has been added to your application, the extra wait is worth the while. 

Congratulations on everything!

Warm regards,
Libra.

Thanks a Lot for your reply Libra..You have given a really detailed information. I have one more question regarding the same issue.

As my visa expires on 2/2/2008 and I am assuming that the child is born before 2/2/2008 then I will be going through the process you mentioned. But If the child is born after the visa expiration date ( as I dont want to be in a move process to canada during the crucial time) do I still need to follow the same process like notifying the immigration officer about the expected birth and then send the passport along with the other info to the counselor.

Thanks a lot for your help and advise.

Hi Libra

Thanks a lot again for your response and help. I really appreciate the great replies I have received from your end. So Please let me know if the below procedure will be the right one to proceed.

" As Visa expires on 2/2/2008 and our child is born in USA after 2/2/2008 ( as I am not in a hurry to move to canada as our visa is valid for good time in USA) and non of us make a landing attempt to Canada before 2/2/2008. So our visa will definately be expired or invalid after 2/2/2008 but I contact the canada immigration and explain them the whole situation (before 2/2/2008) and get the child added to my application after 2/2/2008 ( expecting the birth date after 2/2/2008). Then get new visas for all three of US and finally land in canada.
"
Please check if this is the right way to proceed as I am afraid that my visa will expire after 2/2/2008 and I will be reapplying for the whole process again starting from scratch for all three of us.

Sorry for bugging you a lot...

Thanks for the advise ...

Hi Psingh,

Well in that case – that is if the child's expected due date is past 2/2/2008 – your best-case scenario will be as follows:

Land anytime before 2/2/2008, the earlier, the better.

After landing, if you already know your address in Canada, give it to the Immigration Officer (IO), so that your PR cards will be forwarded to that address. 

OR,

After landing, find an affordable and comfortable place where you can stay for at least one month to 6 weeks, process your application for your new permanent resident card to be sent to you.

Then you will have to wait for approximately 30 days in order to receive your new PR cards.

* (See Note Below for Urgent request for new PR Card)

After receiving your PR cards, you can always travel out of Canada.

When you receive your PR cards, you have fully become PRs of Canada, and you are not considered as applicants anymore.  The children born to you afterwards can be born in Canada or in any other country.

Any child born to you outside of Canada will have to be sponsored by you, and you can use the Family Sponsorship kit to do that.  Sponsoring your baby will not be a problem, as long as you do so before the child turns the cut-off age, which is currently at 22 years. 

Of course, any children born to you in Canada will automatically be Canadians.

NOTE:   If you require urgent processing of your new PR card(s), then you MUST travel out of Canada by air with proof of a certified/notarized copy of an actual plane ticket(s) and not your flight itinerary.

Complete your application as instructed on the CIC Application Guide for the PR Card, and
“Include a copy of your plane ticket(s) with your application, and write “Urgent—Proof of travel included” on your envelope.  An agent from the processing centre will examine your application quickly. Your travel itinerary will not be accepted as proof of travel.”

*** You cannot request for urgent processing of your new PR card if you are travelling outside of Canada by road or by rail; it MUST be by air. ***

http://www.cic.gc.ca/english/information/pr-card/apply-how.asp#step5

Psingh, I do not know your wife's expected due date, but if it is as close to past your landing date, then land well before 2/2/2008 in order not to put any stress on the pregnancy.  You can even land during this summer and come back within 6 weeks.

One last thing, as long as you have your PR cards you can travel in and out of Canada at anytime but REMEMBER that in order to maintain your residency obligation, you must have been physically present in Canada for a total of 730 days out of a 5 year period.

Warm regards,
Libra.

Hi Libra

Thanks for the reply..

I do have an address to give to the immigration officer in canada ( a relative's address where I will be staying first) but do I really need to wait for atleast a month to leave canada becuase I am working as a consultant and I wont we able to get a month's off and same is the case with my wife and the max we can stay is 1 week . Is the one month scenario used to get the PR cards in hand only on the address given to the officer as for my case my relative can forward my PR cards to US once received at his address..

Will this work or one month stay is mandatory

Thanks

Psingh

Hi guys,

A member at this forum had posted his landing experience by road a while back; feel free to check it out when you get the chance.

http://www.canadavisa.com/canada-immigration-discussion-board/my-landing-experience-t4869.0.html

Warm regards,
Libra.

Hi Psingh,

Definitely yes; you can land on weekends and even on holidays.  F.Y.I. - here is a link to give you a rough idea of current border wait times as well as standard wait times for the days of the week:

http://www.cbsa-asfc.gc.ca/general/times/menu-e.html

Since you are not yet a Canadian Citizen, you can drive a rental car into Canada without any restrictions, but you should be prepared to show the car rental agreement and your driver's license.

Hi Sabuj,

Yes, you're right - if you land in December without adding the baby to your application, you will never be able to sponsor the baby in the future.

All you need to do is to let CIC know about the addition to your family after the baby is being born in September.  So, as you already know, you MUST return your visas and Confirmation of Permanent Residence forms to your consular office for cancellation of the visas only.  It doesn't mean cancellation of the entire application.

You seem to have a misconception that you need to re-apply and go through the process all over again with the birth of the baby, and that is not the case.  You have already been approved to land in Canada; and in your case, CIC will only be "postponing" your landing date to some other date after December 12, 2007, and after the baby would have completed all the medical requirements.

So, definitely, you will be landing in Canada as early as mid-2008 or even sooner.  It all depends on how soon you can get your baby's medical exam done.

The added wait time should not be a problem – your application has long been approved – and the baby's positive medical exam would not change your status quo.  You are fine.

Hi Psingh,

Sabuj's baby's expected date of delivery is on September 12th, 2007 and their landing date is December 2007.  He wrote his post on August 12th.  Sabuj could risk traveling with his heavily pregnant wife and land anytime now, and then go back to their current residence, and they would still be able to sponsor their child if the child is born in another country other than Canada - as long as it is born outside of Canada after they have landed in Canada first. 

Of course, we all know the child will be Canadian if born in Canada.

BUT, when a child's expected due date is so close (1 month), plus the stress that is associated with traveling arrangements, it will not be advisable for the wife to be travelling as babies have an uncanny way of announcing their arrival. 

In Sabuj's situation, it would be best for them not to take the risk of the baby being born while they are in transit some place else, and not in Canada.  Unless, if they want their baby to be born in Canada, they can always take the risk of traveling now.

So, the decision is yours to make - you have two optional scenarios:

OPTION 1

When you land in September of this year, would there be any additional member to your family?  And, the answer to that is, "No."  Your baby is due next year, and you have more time on your hands to land now with your wife and come back for your baby's birth.

A baby is only considered as an addition to the family when the baby is born, not when it is in the womb.  So, by the time your baby is born in February 2007, you would have landed and become permanent residents of Canada for 5 months.  And then, you should immediately sponsor your child.

If you go back and read my posts, I have always had a concern for the babies and their healthy and safe arrival.  I have always stressed that if you have time - that is a 2008 landing date - and, the wife is pregnant with a due date in 2008, but you want your child to be born in the U.S., then you can always land now.

OPTION 2

Or, you can always choose this option, which I had mentioned to you in a much earlier post - alert your consular officer about your child's expected due date, and that it almost coincides with your landing date. 

Return your visas now, well before the stipulated landing date - you don't need to wait until the baby is born for you to return your visas.  Just let your consular officer know that you would rather wait for your new visas after the baby is born in February 2008. 

And then wait for your new visas including that of the baby's, after you would have gone through the process of having all of the medicals done including your baby's.  It all comes to the same thing - your baby will still be born in the U.S. and will then land with you and, your family's landing date will be much later in 2008. 

So, with option 2, you don't have to go through the process of sponsoring your child, and you will have to land later on in the year of 2008 rather than in February - that's all.

These are your options - you decide.

Libra.

In the U.S., dates precede the month, then the year - there was no mention of your country of residence in your initial post.

"the birth of a child will not take the visa away from you - no, not at all" - Everybody wishes a new born baby to pass the medical exam - I haven't heard of folks not being able to immigrate (i.e. not being re-issued the visas) because the child didn't pass the medicals.  Maybe the High Commission could have given some statistics of such situations to give you a rough idea of this being a non-guarantee since they've been re-issuing visas all the time after babies have been born.  What could a baby possibly have that would bring down the Canadian health system? 

Canadian citizens have the luxury of sponsoring family members while they are out of Canada, but are required to be in Canada at the time period when the family member lands.  Permanent residents do not have this luxury - they must be physically present in Canada when they sponsor their family members until the process is over.

You might want to consider this if it is necessary that one of you has to return to London: Since you are a husband and wife, after the child has been born out of Canada, one of you could return to Canada to continue residency until the process of sponsoring the baby is over. 

So, as a PR, facing the limitation of a residency obligation, it will be better for you to sponsor your child from within Canada than out of Canada. This will be your best bet.