New Born Immigration

[VJRT]

My wife and I live in USA and have Canadian PR. We are Indian citizens and expecting a baby in October. What is the procedure for getting PR for the baby? Is it similar to the one we underwent, if so how long will it take? Please advise.

Thanks

[PMM]

Hi

My wife and I live in USA and have Canadian PR. We are Indian citizens and expecting a baby in October. What is the procedure for getting PR for the baby? Is it similar to the one we underwent, if so how long will it take? Please advise.

Thanks

As you can't sponsor the child will you are in the US as you are PRs, either one of you will have to return to Canada and sponsor the child or if you are lucky you both may return to Canada and sponsor the child in Canada.  But the sponsorship will have to be submitted under Humanitarian and Compassionate grounds.  You should read: http://www.cic.gc.ca/english/applications/handc.html

PMM

[ghazala86]

Is there would be another option to apply for visa for the new born babay and then once arrived to Canada can apply for immigration/sponsor etc.
Because if submit the application for sponsoring or if one parent come that it is not clear how much time would it take.

May be you can also suggest any other option if I am wrong. Because it is too confusing for me as I have the same issue.

Thank you anyway,

[PMM]

Hi

Is there would be another option to apply for visa for the new born babay and then once arrived to Canada can apply for immigration/sponsor etc.
Because if submit the application for sponsoring or if one parent come that it is not clear how much time would it take.

May be you can also suggest any other option if I am wrong. Because it is too confusing for me as I have the same issue.

Thank you anyway,

If one parent returns to sponsor, it should take rather  less than 6 months, No background check, no blood test (unless mother is HIV positive) No xrays.  There is really only the two options, one returns and sponsor or if the child is admitted to Canada as a visitor, then an Humanitarian and Compassionate application in Canada.

PMM

[nouredine]

Section 5.20 below."
5.20
"A38(2)(a) states that spouses, common-law partners and dependent children who are members of the family class are not inadmissible even if they have a medical condition that will result in excessive demand to health or social services.

[boujasim]

if both of u have a PR,why not let ur wife stay in canada and give birth for the child there,he will automaticly gain the nationality,unless you want your son to be an american citizen,..

[RobsLuv]

if both of u have a PR,why not let ur wife stay in canada and give birth for the child there,he will automaticly gain the nationality,unless you want your son to be an american citizen,..

Since this rather old thread has popped up again, I think it's helpful to note that a newborn would no longer be sponsored under an H&C application.  They would be sponsored using the Family Class spouse/common-law partner/dependent child application.  However, it is still true that, as PRs, at least one parent would have to be residing in Canada in order to sponsor the child - so the obvious easy solution would be to come to Canada before the birth so that the child would be born a Canadian citizen.

[Leon]

Immigration doesn't seem to have taken into account that PR's might have babies outside Canada so they have not made it very easy.  There could be all kinds of reasons why a PR ends up having a baby outside Canada, they might prefer to have it in their homeland where their parents and other relatives will be around to support them or they might be temporarily working or studying outside Canada and not convenient for them to go back for this purpose.  It's not like you can just pop over for a short visit.  The mother needs to travel while she's still allowed to fly and the father might want to be there too?  Aside from the issue of health insurance which you lose after having been gone for a certain amount of time and might not get back in time to have the delivery covered.

One couple on this board tried to apply for a TRV for their baby but were refused on the grounds that the baby was not planning to leave Canada when it's visa expires and therefore does not qualify for a TRV.  They ended up with one parent going to Canada to sponsor while the other one stayed with the baby.  Another person was told that she need to apply for a TRP for the baby to be allowed to enter temporarily so she could come to Canada with the baby and sponsor it.

[RobsLuv]

Sure they've taken into account the fact that PRs have babies outside Canada - and I think they don't make it easy on purpose.  Certainly I agree that someone has the right to have their child in their homeland, if they so choose, but CIC probably considers it rather generous that babies born to Canadian PRs in Canada are Canadian citizens.  When someone applies for PR, they're supposedly saying that they want to make a life in Canada.  If they go off and make their life somewhere else instead, why should CIC be under any obligation to give any of their newborn children immediate permanent status?  There are requirements for maintaining PR - and they're actually pretty generous.  If you have permanent status in the US, for example, and you leave for more than six months - you lose it.  In Canada you can be gone for nearly 3 years . . . I don't think it's at all unreasonable that CIC requires a PR's child(ren) born overseas to be sponsored . . . especially since they normally expedite processing in the best interest of the child.

For an example of why CIC is probably justified in doing this the way they do, take a look at this thread. 

[Leon]

I don't have a problem with PR's having to sponsor their babies who are born overseas.  I just think that immigration could make it easier for them to get a temporary visa for the baby so they can bring it with them to Canada to sponsor it.

The reason I said they don't seem to have taken it into account that this situation might occur is because they don't seem to have a standardized procedure for it.  If a TRP works, that is good but for the couple who tried applying for a TRV and couldn't get it, they were never told they could apply for a TRP instead.  They had the option of one of them going to Canada ahead to sponsor but what if this had been a single parent?

I don't think immigration is doing this on purpose to pick at PR's who choose to have a baby in their homeland or PR's who've gone to live somewhere else temporarily since that is allowed, up to 3 years like you said.  I think they just fell through the cracks.  As for CIC thinking it's being generous to give citizenship to PR babies born in Canada, I don't think that's ever even been questioned.  We are even so generous that we give citizenship to babies of tourists and illegals.

[martha marita]

how long does it take to sponsor baby on trp inland

[Leon]

I don't think they do an inland for babies in which case it would have to be an outland and go by the visa office.  Times are here: http://www.cic.gc.ca/english/information/times/international/06-fc-children.asp

[martha marita]

so why did they issue my baby with a trp for me to process her applications in canada

[PMM]

Hi

so why did they issue my baby with a trp for me to process her applications in canada

So the baby can come to Canada and you can sponsor and process the application through Buffalo.

PMM

[Leon]

so why did they issue my baby with a trp for me to process her applications in canada

Because as a PR, you can not sponsor anybody while you are in another country and so if you did not get a TRP for your baby, you would have to leave your baby with other people in another country while you go to Canada to sponsor her.  With a TRP, you are able to take your baby with you to Canada to sponsor her.

You can still sponsor outland for a person that is in Canada with you.  When sponsoring spouses, even when they are already in Canada, people have a choice of outland or inland application.  In the case of a baby, there is no inland application.