Shall I add my baby to sponsorship application (pre-arrival stage) or wait for his visit visa?

[newbiex]

Hi all!

I am in need of some help.

My husband's spousal sponsorship has been in process since April 2021. Last year I got pregnant and chose to have the baby around family and husband hence he's born outside of Canada.
Now we just submitted re-medical for my husband, and got pre-arrival.

I have applied for my son's visit visa on 21st Dec, no update on it yet. Seems like it takes 5-6 months also. I am expecting oath ceremony in a couple of months too. If he doesn't get visa by then, I won't be able to travel.

My question is shall I add him to my husband's sponsorship application? I fear it will delay his application further and we don't want that.

 

[Naturgrl]

Hi all!

I am in need of some help.

My husband's spousal sponsorship has been in process since April 2021. Last year I got pregnant and chose to have the baby around family and husband hence he's born outside of Canada.
Now we just submitted re-medical for my husband, and got pre-arrival.

I have applied for my son's visit visa on 21st Dec, no update on it yet. Seems like it takes 5-6 months also. I am expecting oath ceremony in a couple of months too. If he doesn't get visa by then, I won't be able to travel.

My question is shall I add him to my husband's sponsorship application? I fear it will delay his application further and we don't want that.

Is he in Canada or Canadian? If so, yes.

 

[newbiex]

by he you mean my son or husband?
And yes to what?

 

[Naturgrl]

by he you mean my son or husband?
And yes to what?

You said you want to add your child to your husband’s PR application. Is your husband in Canada? Is your husband a Canadian citizen?

 

[newbiex]

I wouldn’t have sponsored my husband if he was a canadian citizen. He’s not, neither in Canada yet.
As mentioned, his spousal sponsorship is still in progress and is at pre-arrival stage.

 

[Naturgrl]

I wouldn’t have sponsored my husband if he was a canadian citizen. He’s not, neither in Canada yet.
As mentioned, his spousal sponsorship is still in progress and is at pre-arrival stage.

So you need to be in Canada to sponsor your child if you are sponsoring your husband. Assume you were in Canada when you applied to sponsor him. Don’t you have to remain in Canada during your husband’s sponsorship process?

 

[Buletruck]

I wouldn’t have sponsored my husband if he was a canadian citizen. He’s not, neither in Canada yet.
As mentioned, his spousal sponsorship is still in progress and is at pre-arrival stage.

Are you a Canadian citizen?

 

[Naturgrl]

Are you a Canadian citizen?

No she is not. She is hoping to do oath ceremony in a few months. Don't understand how her husband's application has not been cancelled since she has not remained in Canada during the sponsorship process. Maybe it will be once they realize she is not in the country and gave birth outside Canada too. Since TRV has been applied for infant, it may trigger review of PR application for her spouse. Who knows. She can't add infant to application until she is back in Canada.

 

[armoured]

She can't add infant to application until she is back in Canada.

Are you certain that she can't add child to an ongoing application while outside Canada? I don't know that. I'd say she has to add the child, right away.

You are right that she could have trouble at any time for not being in Canada as a PR-sponsor, and applying to add the child may cause someone to review it, but there it is.

So for the OP: face facts that because of how you've done things, you really may have to consider going to Canada at some point, possibly without the child. You might also face having the sponsorship application turned down on grounds you've already been out of Canada.

If you haven't done, would suggest applying for spouse's TRV visa. You may have to reapply but at least that way you could travel together.

 

[Naturgrl]

Are you certain that she can't add child to an ongoing application while outside Canada? I don't know that. I'd say she has to add the child, right away.

You are right that she could have trouble at any time for not being in Canada as a PR-sponsor, and applying to add the child may cause someone to review it, but there it is.

So for the OP: face facts that because of how you've done things, you really may have to consider going to Canada at some point, possibly without the child. You might also face having the sponsorship application turned down on grounds you've already been out of Canada.

If you haven't done, would suggest applying for spouse's TRV visa. You may have to reapply but at least that way you could travel together.

Adding a child when she has not been in Canada for some time may trigger a review as she had to remain in Canada during the sponsorship process. A few weeks is okay but she left the country and gave birth.

From the IRCC site,

Who is eligible to sponsor their spouse, partner or child
You can sponsor your spouse, partner or dependent child if:

• You’re at least 18 years old
• You’re a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act
  • If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the persons you want to sponsor become permanent residents.
  • You can’t sponsor someone if you’re a permanent resident living outside Canada.

 

[armoured]

Adding a child when she has not been in Canada for some time may trigger a review as she had to remain in Canada during the sponsorship process. A few weeks is okay but she left the country and gave birth.

I'm aware of that. The issue is that her spouse cannot land and become a PR without adding the child, and hence the two rules conflict.

Of those two: the spouse cannot land issue is more urgent and important, because if the spouse lands without adding the child, the child could become ineligible forever due to misrepresentation.

Whereas while we know that a PR cannot initiate a sponsorship while abroad, it does not specifically say that a dependent cannot be added to an existing app. (And while it does say that the PR must remain resident in Canada throughout, we know that enforcement is not always consistent).

So in one scenario the child is potentially forever inadmissible, in the other, the app is (worst case) rejected. That second worst case might well occur (no idea of the probability) but still preferable.

 

[canuck78]

I'm aware of that. The issue is that her spouse cannot land and become a PR without adding the child, and hence the two rules conflict.

Of those two: the spouse cannot land issue is more urgent and important, because if the spouse lands without adding the child, the child could become ineligible forever due to misrepresentation.

Whereas while we know that a PR cannot initiate a sponsorship while abroad, it does not specifically say that a dependent cannot be added to an existing app. (And while it does say that the PR must remain resident in Canada throughout, we know that enforcement is not always consistent).

So in one scenario the child is potentially forever inadmissible, in the other, the app is (worst case) rejected. That second worst case might well occur (no idea of the probability) but still preferable.

If the child isn’t added to the spouse’s PR application that won’t make the child inadmissible. The huge issue is that this PR has not been living in Canada for at least numerous months so the spouse’s PR application could be denied.

 

[canuck78]

Hi all!

I am in need of some help.

My husband's spousal sponsorship has been in process since April 2021. Last year I got pregnant and chose to have the baby around family and husband hence he's born outside of Canada.
Now we just submitted re-medical for my husband, and got pre-arrival.

I have applied for my son's visit visa on 21st Dec, no update on it yet. Seems like it takes 5-6 months also. I am expecting oath ceremony in a couple of months too. If he doesn't get visa by then, I won't be able to travel.

My question is shall I add him to my husband's sponsorship application? I fear it will delay his application further and we don't want that.

How long have you spent out of Canada since you applied to sponsor your spouse? Are you currently compliant with your RO?

 

[armoured]

If the child isn’t added to the spouse’s PR application that won’t make the child inadmissible. The huge issue is that this PR has not been living in Canada for at least numerous months so the spouse’s PR application could be denied.

Won't the spouse landing have to attest on arrival that family has not changed?