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Baby born during the course of spouse visa application....

SP1990

Member
Nov 28, 2013
13
0
India
Category........
Visa Office......
New Delhi
NOC Code......
0112
Job Offer........
Pre-Assessed..
App. Filed.......
22-12-2014
vermanaman said:
You sent passport to ND office for? Did they request passport for stamping? or is it part of the process?...You could inform the Visa Office about the pregnancy with a medical proof, file number etc - it is always better to keep them informed.

If your wifes PR is approved and stamped before the birth...there is nothing you can do about it. Then if your child is born in canada - its good and simple (since he/she will be canadian by birth)...if not you will have to file a sponsorship application for your new born - processing time is a few months.
Hi,
Passport for my wife is at ND Office since July as I sent sponsorship application on May. As New Delhi Visa office is working on may application, I should hear something in december but as you suggested i will send them the medical proof so that they will be in loop.

Thank you
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
SP1990 said:
Hello,
I am sponsoring my wife and she is pregnant (13 weeks). I sent passport to New Delhi office in July. Should I notify the visa office or is it too early to notify them? Her medicals is expiring in March.
If you believe she will get the visa early enough to land before the baby is born, you don't have to inform them. If it starts to get close and you see that the child will be born in India, you should inform them immediately that she is pregnant and that you will have to add the baby.

Another thing to consider is that if you are in BC or Ontario, she will have a 3 month wait for health care so even if she makes it to Canada before the baby is born, if it is born before she gets health care, you will be faced with the bill.
 

SP1990

Member
Nov 28, 2013
13
0
India
Category........
Visa Office......
New Delhi
NOC Code......
0112
Job Offer........
Pre-Assessed..
App. Filed.......
22-12-2014
Leon said:
If you believe she will get the visa early enough to land before the baby is born, you don't have to inform them. If it starts to get close and you see that the child will be born in India, you should inform them immediately that she is pregnant and that you will have to add the baby.

Another thing to consider is that if you are in BC or Ontario, she will have a 3 month wait for health care so even if she makes it to Canada before the baby is born, if it is born before she gets health care, you will be faced with the bill.
Hi Leon,
you are right. I should wait. For health care, she is coming to alberta. I hope she gets the health care right away.
 

Leon

VIP Member
Jun 13, 2008
21,950
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AB doesn't have a waiting period so she will have coverage in AB as soon as she lands as a PR.
 

SP1990

Member
Nov 28, 2013
13
0
India
Category........
Visa Office......
New Delhi
NOC Code......
0112
Job Offer........
Pre-Assessed..
App. Filed.......
22-12-2014
Leon said:
AB doesn't have a waiting period so she will have coverage in AB as soon as she lands as a PR.
Good to know, thanks :)
 

MANOFGOD

Star Member
May 22, 2013
63
1
Please I need clarification on this ! What if the sponsor who lives in Canada is pregnant and the application of her husband is in-process,should d applicant(husband) still go ahead and include the baby in the application after informing the VO that his wife(sponsor) is pregnant?What are the necessary things to do,plz?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
MANOFGOD said:
Please I need clarification on this ! What if the sponsor who lives in Canada is pregnant and the application of her husband is in-process,should d applicant(husband) still go ahead and include the baby in the application after informing the VO that his wife(sponsor) is pregnant?What are the necessary things to do,plz?
If the baby will be born in Canada, the baby will be Canadian and does not need to be added to the application because it will not be sponsored.

However, it would be right to re-do the "additional family information" form once the baby is born and send it to the visa office informing them of the birth of the child along with a copy of the birth certificate.
 

Reeyan

Hero Member
Mar 25, 2013
429
1
Category........
Visa Office......
New delhi
Job Offer........
Pre-Assessed..
App. Filed.......
OCT 2012
AOR Received.
Nov 30-2012
File Transfer...
Nov 30 2012
Interview........
done!
Passport Req..
March 10 2013
VISA ISSUED...
DM today/ Rcvd visa June 22
LANDED..........
LAnding ASAP
@ SP1990- I cannot send you in inbox because your inbox is full. so, I had to write it here..

Thanks alot for the wishes.


I sent about $100 photos all together with our application..

MY husband is going for an interview and he is bringing more then 200 photos with him.

Also, Wechat video call photos, Skype,Call history,Western Union receipt, Gift receipts, emails etc

We are just bringing watever we have to proof them that our relationship is not fraud.


Good luck but try to collect more proofs.


Reeyan
 

SP1990

Member
Nov 28, 2013
13
0
India
Category........
Visa Office......
New Delhi
NOC Code......
0112
Job Offer........
Pre-Assessed..
App. Filed.......
22-12-2014

blueangel371115

Champion Member
May 24, 2012
1,013
38
Category........
FAM
Visa Office......
CPP-Ottawa
App. Filed.......
13-01-2014
Doc's Request.
10-02-2014
AOR Received.
17-07-2014
File Transfer...
17-07-2014
Med's Done....
02-12-2013
Interview........
Waived
Passport Req..
waived
VISA ISSUED...
08-01-2015 (returned 1/19 due to errors), 26-01-2015
LANDED..........
05-02-2015 Finally
I just had a positive pregnancy test and I am making arrangements to have a doctor confirm things. I am just about to submit my application so what do I do when the doctor confirms everything?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
blueangel371115 said:
I just had a positive pregnancy test and I am making arrangements to have a doctor confirm things. I am just about to submit my application so what do I do when the doctor confirms everything?
I see from your older posts that you live in Canada and are being sponsored by your husband.

The answer to your question is: You don't have to do anything right now but in a few months:

1. If you decide to have the baby outside Canada and you see that you will not have the PR visa and be able to land before the baby is born, you would need to inform your visa office of the baby and ask them to hold off on your visa because you must add the baby to your application. You would then wait for the baby to be born and then add it once you get the birth certificate.

2. If you intend to have the baby in Canada, the baby will be a Canadian citizen and will not be added to your application so in that case, if you haven't landed by the time you have the baby, you could send immigration a note informing them that you have a baby and update your additional family information form.
 

blueangel371115

Champion Member
May 24, 2012
1,013
38
Category........
FAM
Visa Office......
CPP-Ottawa
App. Filed.......
13-01-2014
Doc's Request.
10-02-2014
AOR Received.
17-07-2014
File Transfer...
17-07-2014
Med's Done....
02-12-2013
Interview........
Waived
Passport Req..
waived
VISA ISSUED...
08-01-2015 (returned 1/19 due to errors), 26-01-2015
LANDED..........
05-02-2015 Finally
I am having the baby in Canada as of now, as my husbands insurance covers me because his company is multinational and yes he did actually ask them. As far as my application goes, just for clarification, now that we do share a child ( albeit unborn ) is my pr still conditional? I just want to know what my rights and status would be. As at our marriage, we were together just over two years.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
blueangel371115 said:
I am having the baby in Canada as of now, as my husbands insurance covers me because his company is multinational and yes he did actually ask them. As far as my application goes, just for clarification, now that we do share a child ( albeit unborn ) is my pr still conditional? I just want to know what my rights and status would be. As at our marriage, we were together just over two years.
I found the actual text of the added new rules here:

http://www.gazette.gc.ca/rp-pr/p2/2012/2012-11-07/html/sor-dors227-eng.html said:
1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 72:

DIVISION 8

CONDITION APPLICABLE TO CERTAIN PERMANENT RESIDENTS

Condition

72.1 (1) Subject to subsections (5) and (6), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.

Permanent resident subject to condition

(2) For the purpose of subsection (1) and subject to subsection (3), the permanent resident is a person who was a foreign national who
(a) became a permanent resident after making an application for permanent residence as a member of the family class, or an application as a member of the spouse or common-law partner in Canada class to remain in Canada as a permanent resident, as applicable;


(b) at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c) had been the spouse, common-law partner or conjugal partner of the sponsor, as applicable, for a period of two years or less; and


(c) had no child in respect of whom both they and the sponsor were the parents at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c).

Exclusion

(3) An application referred to in paragraph (2)(a) does not include one that was received before the day on which this section comes into force.

Evidence of compliance

(4) A permanent resident referred to in subsection (1) must provide evidence of their compliance with the condition set out in that subsection to an officer if
(a) the officer requests such evidence because they have reason to believe that the permanent resident is not complying or has not complied with the condition; or


(b) the officer requests such evidence as part of a random assessment of the overall level of compliance with that condition by the permanent residents who are or were subject to it.

Exception — sponsor’s death

(5) The condition set out in subsection (1) ceases to apply in respect of a permanent resident referred to in that subsection if the sponsor dies during the two-year period referred to in that subsection, the permanent resident provides evidence to that effect to an officer and the officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that the permanent resident had continued to cohabit in a conjugal relationship with the sponsor until the sponsor’s death.

Exception — abuse or neglect

(6) The condition set out in subsection (1) also ceases to apply in respect of a permanent resident referred to in that subsection if an officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that
(a) the permanent resident (i) is not able to meet that condition throughout the two-year period referred to in that subsection because the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, is subjected by the sponsor to any abuse or neglect referred to in subsection (7) during that period, and


(ii) continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect; or

(b) the permanent resident (i) is not able to meet that condition throughout the two-year period referred to in subsection (1) because the sponsor has failed to protect the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, from any abuse or neglect referred to in subsection (7) during that period by another person who is related to the sponsor, whether that person is residing in the household or not, and


(ii) continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect.


Abuse and neglect

(7) For the purpose of subsection (6),
(a) abuse consists of any of the following: (i) physical abuse, including assault and forcible confinement,


(ii) sexual abuse, including sexual contact without consent,


(iii) psychological abuse, including threats and intimidation, and


(iv) financial abuse, including fraud and extortion; and

(b) neglect consists of the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that results in a risk of serious harm.

Related person

(8) For the purposes of subsections (6) and (7), a person is related to the permanent resident or the sponsor if they are related to them by birth, adoption, marriage, common-law partnership or conjugal partnership.

Condition — accompanying family members

72.2 (1) Subject to subsection (2), a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) is subject to the condition that the permanent resident in respect of whom they were an accompanying family member meets the condition set out in subsection 72.1(1).

Exception — accompanying family members

(2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) if the permanent resident in respect of whom they were an accompanying family member is one to whom an exception referred to in subsection 72.1(5) or (6) applies.

Condition — sponsored person and their accompanying family members

72.3 (1) Subject to subsection (2), a permanent resident who became a permanent resident after being sponsored, either during or after the period referred to in subsection 72.1(1), by a sponsor who is a permanent resident referred to in that subsection, is subject to the condition that the sponsoring permanent resident meets the condition set out in subsection 72.1(1).

Exception — sponsored person and their accompanying family members

(2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident after being sponsored by a permanent resident referred to in subsection 72.1(1), if the sponsoring permanent resident is one in respect of whom an exception referred to in subsection 72.1(5) or (6) applies.

Clarification

72.4 For greater certainty, for the purposes of subsection 27(2) of the Act, a determination as to whether the permanent resident has failed to comply with the condition set out in subsection 72.1(1) may be made during or after the two-year period referred to in subsection 72.1(1).
I have bolded the applicable sections so as I understand this, because you were not yet married for more than 2 years when you applied and because you were not parents at the time you applied, your PR would be conditional.