Can my foreign girlfriend apply for a visa if she is pregnant?

[Canadian281]

Hi all,

I'm a Canadian citizen and my girlfriend is a UK citizen. We've been travelling abroad for a while and found out that she is pregnant. She wants us to live in Canada to have the baby and raise him/her there. Are there any visas she could apply for to live and work in Canada?

 

[Bs65]

First priority might be to decide on the babys status at birth. If born in Canada then would be a citizen, if born abroad then you would need to be married before the birth for the baby to qualify as a citizen born outside Canada to a Canada citizen parent.

The birth in Canada option assumes the girlfriend would be in country as a visitor so not entitled to any healthcare costs and would need to leave with the baby at the end of visit although can extend as a visitor.

For the girlfriend to move to Canada there are of course independant options if she is eligible http://www.cic.gc.ca/english/immigrate/eligibility.asp .

Not sure how common law proof works if you have been travelling but thats an option as is the marriage option, although in both instances would require you to sponsor her. Others can comment but not sure what if any implied status options there are to stay in Canada whilst application is processing especially if the baby is born as a citizen.

Above my personal view so others can comment if I got anything wrong or missed any options.

 

[scylla]

Hi all,

I'm a Canadian citizen and my girlfriend is a UK citizen. We've been travelling abroad for a while and found out that she is pregnant. She wants us to live in Canada to have the baby and raise him/her there. Are there any visas she could apply for to live and work in Canada?

Assuming she is the right age, an IEC / working holiday visa would be a good way for her to be able to live and work in Canada temporarily. These don't require a person to have a job offer and LMIA before applying. The downside is that these are in very high demand and are all gone for 2016. So the earliest she could apply is 2017 and there would still be no guarantee she could secure one (because they are in such high demand).

Otherwise to come to Canada to work temporarily, she would need to obtain a full time job offer from an employer in Canada along with an approved LMIA from that employer - so that she could then apply for a closed work permit. The LMIA process is expensive and long (4-6 months) - consequently most employers are unfortunately not willing to go through the process.

If you want her to immigrate instead, the easiest option is for you to sponsor her. To qualify to sponsor her, you either need to be married or be common law. Common law means you have lived together continuously for at least one full year and can prove you have an entire year of cohabitation.

Depending on how far along she is in her pregnancy, it's quite possible you may have to pay for the delivery of the child if you decide to have it in Canada. So that's something to consider in budgeting.

 

[canuck_in_uk]

First priority might be to decide on the babys status at birth. If born in Canada then would be a citizen, if born abroad then you would need to be married before the birth for the baby to qualify as a citizen born outside Canada to a Canada citizen parent.

There is absolutely no requirement to be married for the child to be a Canadian citizen.

 

[Bs65]

There is absolutely no requirement to be married for the child to be a Canadian citizen.

Thanks for the correction I think I was confusing the couples status with the birth given as they have been travelling we have no idea if they could easily claim common law or not so being married may have been an alternative option for spouse sponsorship.

 

[Canadian281]

Would she be able to come into Canada on a visitors visa in time for the birth of the child and then apply for the sponsorship while she is in Canada? Or if the child is born in Canada would she not be allowed to stay in the country since the child would be Canadian? We don't have proof of common-law because we haven't been technically living together for 12 months yet. Marriage is another option we considered if it would help with the sponsorship.

Thanks a lot for the advice btw. It's not an easy situation to be in were both scared for how this is all gonna work out.

 

[Leon]

Would she be able to come into Canada on a visitors visa in time for the birth of the child and then apply for the sponsorship while she is in Canada? Or if the child is born in Canada would she not be allowed to stay in the country since the child would be Canadian? We don't have proof of common-law because we haven't been technically living together for 12 months yet. Marriage is another option we considered if it would help with the sponsorship.

Thanks a lot for the advice btw. It's not an easy situation to be in were both scared for how this is all gonna work out.

Yes, she can come as a visitor. Best thing would be to get married so you can sponsor her for PR. Sponsor her inland and apply for an open work permit at the same time. That would help her get health care coverage, hopefully in time for the birth, although it all depends on the province.

Having a Canadian child does not grant anybody the right to live in Canada. Otherwise, there would be a lot more people coming to Canada to give birth.