Child born after landing outside Canada

[CAforCA]

There is a situation for which I need some information and help from my fellow forum members.

My brother and his wife went thru the medical and were issued landing papers, but at the time of traveling to Canada they came to know that they were expecting a baby. Now they had already booked their travel to Canada to complete the landing formalities. They went ahead with the landing but decided to come back to India to deliver the baby for family reasons and medical reasons. Now my question is the baby is born outside Canada and to parents of PR holders. What is their recourse now to get their child who is just 10 months old now get a PR or papers to enter Canada. Does CIC consider such cases and issue travel papers and PR to child born outside canada.

Thanks for your inputs.

 

[Leon]

They should have looked into this before deciding where to have the baby.

It is doable but it is a little tricky. A PR must residing in Canada in order to sponsor family so they can not sponsor the baby while they are in India. If they try to apply for a TRV (visit visa) for the baby in order to take it to Canada with them, they will most likely be refused because it is not the intention for the baby to stay in Canada temporarily. In some cases people have been able to apply for a TRP (ministers permit) instead but that is a temporary visa based on humanitarian grounds so they could try this, apply for a TRV or TRP if denied and then take the baby with them to Canada to sponsor it. I do however not know if the baby would be covered by healthcare, certainly not with a TRV, possibly with a TRP.

If the TRV and TRP are both refused, one of the parents must go to Canada to sponsor and the baby must stay in India while they wait for it's PR. Luckily, the sponsorship process through India does not take very long. They might have the PR for the baby in 6 months. In some countries it takes a couple of years.

 

[CAforCA]

Hi Leon.
Thank you for the detailed response, just some more information that the reason was very valid at that time since the child was going to be pre-term and there were complications and because of the delay in medical support to new immigrant in Ontario the decision was taken to come back home to deliver. I think I will ask my brother to go thru all the 3 steps to get the visa for the child. It is complicated but as all of us have experienced that our life events are not governed by CIC so I am sure that this would not be the last case. I really appreciate your detailed response and will communicate the same to my brother.