Doubt about child birth after receivng immigration visa

[psingh]

hi
I have recently received my immigration visa for myself and my wife for canada that expires on 2/2/2008. But we are expecting a child birth before our move to canada and not sure whether we can move to canada before the child birth because I am still looking for a job in canada.

But we can definately visit canada to fulfill the landing requirement before 2/2/2008. What do I need to do to add the child in the immigration category. Do I need to reapply for the whole application or just for the new addition to the family. What department do I need to contact to procedure with the legal formalities.I am presently working on H1B visa in US and the child will be a US citizen and I applied for the immigration from USA.

please guide

 

[Libra]

Hi,

You CANNOT fulfill the landing requirement without first adding the child to your application - you NEED TO THIS FIRST.

"Unless your child is a Canadian citizen, your visa is now invalid because you have a new family member who has not been examined and you will not be permitted to enter Canada. If your child was born in Canada or if one of its parents is a Canadian citizen, the child is therefore a Canadian citizen."

Since in your case, you are expecting the child to be born before 2/2/2008, "you must add the child to your application now by sending a copy of the birth certificate along with 4 identity photos to your Consular, or whatever office that has been handling your application process all along."

"Your child will have to undergo a medical examination. If the child is accompanying you to Canada, you will also have to pay the required fees for the child and submit a copy of the passport used for the child. If your destination is in the province of Quebec, you must also obtain a Certificat de sélection du Québec (CSQ) for your child."

You MUST also return your visas and Confirmation of Permanent Residence forms to your consular office for cancellation, or to whatever office that has been handling your application process all along. Once your child has been examined, unless he or she is medically inadmissible, you will issued the visa(s).

Any current family member not examined now can NEVER be sponsored by you in the future. Misrepresenting or withholding information would render you inadmissible to Canada," Even though, the baby will be a U.S. Citizen, not letting Canada know that this baby will exist prior to landing, would bar you from entering or remaining in Canada, ever.

I am quite sure that you will not want any of these things to happen to you later on.

So, your next step will be to contact your consular office, or whatever office that has been handling your application process all along, for the appropriate forms for your child.

You will soon be in Canada after your child has been added to your application, the extra wait is worth the while.

Congratulations on everything!

Warm regards,
Libra.

 

[gilipsie]

This was very clearly laid out as all your posts are Libra. Thanks for helping us all understand some of these seemingly hard cases.

 

[psingh]

Thanks a Lot for your reply Libra..You have given a really detailed information. I have one more question regarding the same issue.

As my visa expires on 2/2/2008 and I am assuming that the child is born before 2/2/2008 then I will be going through the process you mentioned. But If the child is born after the visa expiration date ( as I dont want to be in a move process to canada during the crucial time) do I still need to follow the same process like notifying the immigration officer about the expected birth and then send the passport along with the other info to the counselor.

Thanks a lot for your help and advise.

Hi,

You CANNOT fulfill the landing requirement without first adding the child to your application - you NEED TO THIS FIRST.

"Unless your child is a Canadian citizen, your visa is now invalid because you have a new family member who has not been examined and you will not be permitted to enter Canada. If your child was born in Canada or if one of its parents is a Canadian citizen, the child is therefore a Canadian citizen."

Since in your case, you are expecting the child to be born before 2/2/2008, "you must add the child to your application now by sending a copy of the birth certificate along with 4 identity photos to your Consular, or whatever office that has been handling your application process all along."

"Your child will have to undergo a medical examination. If the child is accompanying you to Canada, you will also have to pay the required fees for the child and submit a copy of the passport used for the child. If your destination is in the province of Quebec, you must also obtain a Certificat de sélection du Québec (CSQ) for your child."

You MUST also return your visas and Confirmation of Permanent Residence forms to your consular office for cancellation, or to whatever office that has been handling your application process all along. Once your child has been examined, unless he or she is medically inadmissible, you will issued the visa(s).

Any current family member not examined now can NEVER be sponsored by you in the future. Misrepresenting or withholding information would render you inadmissible to Canada," Even though, the baby will be a U.S. Citizen, not letting Canada know that this baby will exist prior to landing, would bar you from entering or remaining in Canada, ever.

I am quite sure that you will not want any of these things to happen to you later on.

So, your next step will be to contact your consular office, or whatever office that has been handling your application process all along, for the appropriate forms for your child.

You will soon be in Canada after your child has been added to your application, the extra wait is worth the while.

Congratulations on everything!

Warm regards,
Libra.

 

[Libra]

Hi,

You're most welcome.

The crucial question is: Where is the child born?

So, when you land, whether now or on 2/2/2008, and if your wife is still pregnant upon landing, then there is no new /additional member to your family. Therefore, your child will then be born on Canadian soil and is automatically a Canadian citizen.

"If your child was born in Canada or if one of its parents is a Canadian citizen, the child is therefore a Canadian citizen, [however], if that is the case, you do not need to add the child to your application, no medical examination or fee is required. You must, however, send us a copy of his or her birth certificate.”

*** Also, don’t forget about the expected due date that you had already given to the Consular. ***

If you want to avoid the extra wait that comes with the child being born in the U.S. before you land, my suggestion will be that you land, preferably, well before the expected due date to avoid any stress. Remember that babies do have a way of coming unannounced, on a day when you least expect them to.

Even if you think that you as the principal applicant can land first in order to fulfill the landing requirement, it does not matter, because all members of the family MUST land by 2/2/2008. This means that your pregnant wife must land by that date also, and the baby will be Canadian even if it is born when you cross over and you are actually on Canada’s soil – mind you not the U.S. side of the border.

With this in mind, and remember what I said about babies and their arrival, your best case scenario at this point will be to land well before the baby’s expected due date. Another way to look at it is this: forget 2/2/2008 as your landing date. Make your landing date your baby’s expected due date because that is the key. You must be in Canada by that date in order to avoid the process of adding your baby to your application.

Lastly, if you guys are not in a catch-22 situation with your U.S. visas at this point, and you can stay in U.S. hassle-free for a while, it would not hurt if you exercise some more patience and let the baby be born in the U.S. You've been patient this far, why not the extra wait, and let the child be born here and then add the child to your application and make the move to Canada with a new landing date. You've already got your visas, the birth of the child will not take that away from you - no, not at all.

You know why I say this? Because now you have the opportunity to become Canadians, then you will have the opportunity to one day become U.S. citizens through your child, when the child turns 18. And, you will have the best of both worlds, or even 3 worlds. Also, your baby will always be a Canadian PR or Canadian as well.

Now that you've clarified your options, the decision is yours to make.

Good Luck to you and your family in all of your endeavors.;-)

Warm regards,
Libra.

 

[psingh]

Hi Libra

Thanks a lot again for your response and help. I really appreciate the great replies I have received from your end. So Please let me know if the below procedure will be the right one to proceed.

" As Visa expires on 2/2/2008 and our child is born in USA after 2/2/2008 ( as I am not in a hurry to move to canada as our visa is valid for good time in USA) and non of us make a landing attempt to Canada before 2/2/2008. So our visa will definately be expired or invalid after 2/2/2008 but I contact the canada immigration and explain them the whole situation (before 2/2/2008) and get the child added to my application after 2/2/2008 ( expecting the birth date after 2/2/2008). Then get new visas for all three of US and finally land in canada.
"
Please check if this is the right way to proceed as I am afraid that my visa will expire after 2/2/2008 and I will be reapplying for the whole process again starting from scratch for all three of us.

Sorry for bugging you a lot...

Thanks for the advise ...

Hi,

You're most welcome.

The crucial question is: Where is the child born?

So, when you land, whether now or on 2/2/2008, and if your wife is still pregnant upon landing, then there is no new /additional member to your family. Therefore, your child will then be born on Canadian soil and is automatically a Canadian citizen.

"If your child was born in Canada or if one of its parents is a Canadian citizen, the child is therefore a Canadian citizen, [however], if that is the case, you do not need to add the child to your application, no medical examination or fee is required. You must, however, send us a copy of his or her birth certificate.”

*** Also, don’t forget about the expected due date that you had already given to the Consular. ***

If you want to avoid the extra wait that comes with the child being born in the U.S. before you land, my suggestion will be that you land, preferably, well before the expected due date to avoid any stress. Remember that babies do have a way of coming unannounced, on a day when you least expect them to.

Even if you think that you as the principal applicant can land first in order to fulfill the landing requirement, it does not matter, because all members of the family MUST land by 2/2/2008. This means that your pregnant wife must land by that date also, and the baby will be Canadian even if it is born when you cross over and you are actually on Canada’s soil – mind you not the U.S. side of the border.

With this in mind, and remember what I said about babies and their arrival, your best case scenario at this point will be to land well before the baby’s expected due date. Another way to look at it is this: forget 2/2/2008 as your landing date. Make your landing date your baby’s expected due date because that is the key. You must be in Canada by that date in order to avoid the process of adding your baby to your application.

Lastly, if you guys are not in a catch-22 situation with your U.S. visas at this point, and you can stay in U.S. hassle-free for a while, it would not hurt if you exercise some more patience and let the baby be born in the U.S. You've been patient this far, why not the extra wait, and let the child be born here and then add the child to your application and make the move to Canada with a new landing date. You've already got your visas, the birth of the child will not take that away from you - no, not at all.

You know why I say this? Because now you have the opportunity to become Canadians, then you will have the opportunity to one day become U.S. citizens through your child, when the child turns 18. And, you will have the best of both worlds, or even 3 worlds. Also, your baby will always be a Canadian PR or Canadian as well.

Now that you've clarified your options, the decision is yours to make.

Good Luck to you and your family in all of your endeavors.;-)

Warm regards,
Libra.

 

[willostj]

Hi Libra,
You seem to be very versed on a number of issues. More power to you. I have a similar circumstance and would love some clarifications.
In my case my wifes due date is January 14. I plan to land in December and then return to the USA to finish my contractual obligations. Do I need to inform CIC of my wifes pregnancy now or since we already have the visas(which expire January 17, 2008), can we land in December(convenient as I am a teacher) and then let the baby be born here and then sponsor the child. What are the implications? How do you declare a child that is not born yet? Do we have to? Your expert opinion is anticipated.

 

[Libra]

Hi Psingh,

Well in that case – that is if the child’s expected due date is past 2/2/2008 – your best-case scenario will be as follows:

Land anytime before 2/2/2008, the earlier, the better.

After landing, if you already know your address in Canada, give it to the Immigration Officer (IO), so that your PR cards will be forwarded to that address.

OR,

After landing, find an affordable and comfortable place where you can stay for at least one month to 6 weeks, process your application for your new permanent resident card to be sent to you.

Then you will have to wait for approximately 30 days in order to receive your new PR cards.

* (See Note Below for Urgent request for new PR Card)

After receiving your PR cards, you can always travel out of Canada.

When you receive your PR cards, you have fully become PRs of Canada, and you are not considered as applicants anymore. The children born to you afterwards can be born in Canada or in any other country.

Any child born to you outside of Canada will have to be sponsored by you, and you can use the Family Sponsorship kit to do that. Sponsoring your baby will not be a problem, as long as you do so before the child turns the cut-off age, which is currently at 22 years.

Of course, any children born to you in Canada will automatically be Canadians.

NOTE: If you require urgent processing of your new PR card(s), then you MUST travel out of Canada by air with proof of a certified/notarized copy of an actual plane ticket(s) and not your flight itinerary.

Complete your application as instructed on the CIC Application Guide for the PR Card, and
“Include a copy of your plane ticket(s) with your application, and write “Urgent—Proof of travel included” on your envelope. An agent from the processing centre will examine your application quickly. Your travel itinerary will not be accepted as proof of travel.”

*** You cannot request for urgent processing of your new PR card if you are travelling outside of Canada by road or by rail; it MUST be by air. ***

http://www.cic.gc.ca/english/information/pr-card/apply-how.asp#step5

Psingh, I do not know your wife’s expected due date, but if it is as close to past your landing date, then land well before 2/2/2008 in order not to put any stress on the pregnancy. You can even land during this summer and come back within 6 weeks.

One last thing, as long as you have your PR cards you can travel in and out of Canada at anytime but REMEMBER that in order to maintain your residency obligation, you must have been physically present in Canada for a total of 730 days out of a 5 year period.

Warm regards,
Libra.

Hi Libra

Thanks a lot again for your response and help. I really appreciate the great replies I have received from your end. So Please let me know if the below procedure will be the right one to proceed.

" As Visa expires on 2/2/2008 and our child is born in USA after 2/2/2008 ( as I am not in a hurry to move to canada as our visa is valid for good time in USA) and non of us make a landing attempt to Canada before 2/2/2008. So our visa will definately be expired or invalid after 2/2/2008 but I contact the canada immigration and explain them the whole situation (before 2/2/2008) and get the child added to my application after 2/2/2008 ( expecting the birth date after 2/2/2008). Then get new visas for all three of US and finally land in canada.
"
Please check if this is the right way to proceed as I am afraid that my visa will expire after 2/2/2008 and I will be reapplying for the whole process again starting from scratch for all three of us.

Sorry for bugging you a lot...

Thanks for the advise ...

 

[Libra]

Hi Libra,
You seem to be very versed on a number of issues. More power to you. I have a similar circumstance and would love some clarifications.
In my case my wifes due date is January 14. I plan to land in December and then return to the USA to finish my contractual obligations. Do I need to inform CIC of my wifes pregnancy now or since we already have the visas(which expire January 17, 2008), can we land in December(convenient as I am a teacher) and then let the baby be born here and then sponsor the child. What are the implications? How do you declare a child that is not born yet? Do we have to? Your expert opinion is anticipated.

Hi Willostj,

Here is your best-case scenario if you would like your wife to have the baby in the U.S. (I am assuming that your wife can return to the U.S. without any visa complication).

Since you intend to return to the U.S. to fulfill your contractual obligations, then you must purchase return air tickects (back to U.S.) for both you and your wife to Canada. You and your wife must land before Jan. 17, 2008, and with your situation as it is, it is best that both of you land very soon especially now that you are on summer break (I am assuming you are not teaching summer school).

You see, you cannot land alone and come back for your wife’s pregnancy because your wife must also land by that expiry date.

So, preferrably, both of you must land before your summer break is over (I am assuming also that even if your wife is working, she can find a way to take time off for at least 6 weeks).

Landing close to your wife’s expected due date is NOT advisable, because it may be stressful on her and the baby.

Then follow these steps as you see fit:

After landing, if you already know your address in Canada, give it to the Immigration Officer (IO), so that your PR cards will be forwarded to that address.

Or,

After landing, find an affordable and comfortable place where you can stay for at least one month to 6 weeks, then immediately process your application for your new permanent resident card to be sent to you.

Then you will have to wait for approximately, 30 days in order to receive your new PR cards.

* (See Note Below for Urgent Request for PR Card(s))

After receiving your PR cards, you can always travel out of Canada.

When you receive your PR cards, you have fully become PRs of Canada, and you are not considered as applicants anymore. The children born to you afterwards can be born in Canada or in any other country.

Any child born to you outside of Canada will have to be sponsored by you, and you can use the Family Sponsorship kit to do that. Sponsoring your baby will not be a problem, as long as you do so before the child turns the cut-off age, which is currently at 22 years.

Of course, any children born to you in Canada will automatically be Canadians.

NOTE: If you require urgent processing of your new PR card(s), then you MUST travel out of Canada by air with proof of a certified/notarized copy of an actual plane ticket and not your flight itinerary.

Complete your application as instructed on the CIC Application Guide for the PR Card, and
“Include a copy of your plane ticket(s) with your application, and write “Urgent—Proof of travel included” on your envelope. An agent from the processing centre will examine your application quickly. Your travel itinerary will not be accepted as proof of travel.”

Willostj, although only a copy of an air ticket(s) is required for urgent processing, in your case, you can also send in a notarized copy of your teaching contract with the dates highlighted as an additional proof for the urgent request for your Cards.

*** You cannot request for urgent processing of your new PR card if you are travelling outside of Canada by road, or by rail; it must be by air. ***

http://www.cic.gc.ca/english/information/pr-card/apply-how.asp#step5

Willostj, other than the last post to Psingh, which is similar to my response to you, please feel free to read any of the above posts directed to Psingh for other options.

One last thing, as long as you have your PR cards you can travel in and out of Canada at anytime but REMEMBER that in order to maintain your residency obligation, you must have been physically present in Canada for a total of 730 days out of a 5 year period.

Congratulations to you and your wife on everything!

Warm regards,
Libra.

 

[psingh]

Hi Libra

Thanks for the reply..

I do have an address to give to the immigration officer in canada ( a relative's address where I will be staying first) but do I really need to wait for atleast a month to leave canada becuase I am working as a consultant and I wont we able to get a month's off and same is the case with my wife and the max we can stay is 1 week . Is the one month scenario used to get the PR cards in hand only on the address given to the officer as for my case my relative can forward my PR cards to US once received at his address..

Will this work or one month stay is mandatory

Thanks

Psingh

Hi Psingh,

Well in that case – that is if the child’s expected due date is past 2/2/2008 – your best-case scenario will be as follows:

Land anytime before 2/2/2008, the earlier, the better.

After landing, if you already know your address in Canada, give it to the Immigration Officer (IO), so that your PR cards will be forwarded to that address.

OR,

After landing, find an affordable and comfortable place where you can stay for at least one month to 6 weeks, process your application for your new permanent resident card to be sent to you.

Then you will have to wait for approximately 30 days in order to receive your new PR cards.

* (See Note Below for Urgent request for new PR Card)

After receiving your PR cards, you can always travel out of Canada.

When you receive your PR cards, you have fully become PRs of Canada, and you are not considered as applicants anymore. The children born to you afterwards can be born in Canada or in any other country.

Any child born to you outside of Canada will have to be sponsored by you, and you can use the Family Sponsorship kit to do that. Sponsoring your baby will not be a problem, as long as you do so before the child turns the cut-off age, which is currently at 22 years.

Of course, any children born to you in Canada will automatically be Canadians.

NOTE: If you require urgent processing of your new PR card(s), then you MUST travel out of Canada by air with proof of a certified/notarized copy of an actual plane ticket(s) and not your flight itinerary.

Complete your application as instructed on the CIC Application Guide for the PR Card, and
“Include a copy of your plane ticket(s) with your application, and write “Urgent—Proof of travel included” on your envelope. An agent from the processing centre will examine your application quickly. Your travel itinerary will not be accepted as proof of travel.”

*** You cannot request for urgent processing of your new PR card if you are travelling outside of Canada by road or by rail; it MUST be by air. ***

http://www.cic.gc.ca/english/information/pr-card/apply-how.asp#step5

Psingh, I do not know your wife’s expected due date, but if it is as close to past your landing date, then land well before 2/2/2008 in order not to put any stress on the pregnancy. You can even land during this summer and come back within 6 weeks.

One last thing, as long as you have your PR cards you can travel in and out of Canada at anytime but REMEMBER that in order to maintain your residency obligation, you must have been physically present in Canada for a total of 730 days out of a 5 year period.

Warm regards,
Libra.

Hi Libra

Thanks a lot again for your response and help. I really appreciate the great replies I have received from your end. So Please let me know if the below procedure will be the right one to proceed.

" As Visa expires on 2/2/2008 and our child is born in USA after 2/2/2008 ( as I am not in a hurry to move to canada as our visa is valid for good time in USA) and non of us make a landing attempt to Canada before 2/2/2008. So our visa will definately be expired or invalid after 2/2/2008 but I contact the canada immigration and explain them the whole situation (before 2/2/2008) and get the child added to my application after 2/2/2008 ( expecting the birth date after 2/2/2008). Then get new visas for all three of US and finally land in canada.
"
Please check if this is the right way to proceed as I am afraid that my visa will expire after 2/2/2008 and I will be reapplying for the whole process again starting from scratch for all three of us.

Sorry for bugging you a lot...

Thanks for the advise ...

 

[Libra]

Hi Libra

Thanks for the reply..

I do have an address to give to the immigration officer in canada ( a relative's address where I will be staying first) but do I really need to wait for atleast a month to leave canada becuase I am working as a consultant and I wont we able to get a month's off and same is the case with my wife and the max we can stay is 1 week . Is the one month scenario used to get the PR cards in hand only on the address given to the officer as for my case my relative can forward my PR cards to US once received at his address..

Will this work or one month stay is mandatory

Thanks

Psingh


Hi Psingh,

Since you have a trusted relative that can receive the PR cards on your behalf at the given residence, then you can always return to the U.S. within 1 week, definitely yes, as you only need your passport for that.

However, Psingh, bear in mind that you do need those PR cards to get back into Canada, after you would have received them from your trusted relative who is in Canada.

Oh! you were fine all along. I'm glad to have been of help;-)

Take care of you.

Warm regards,
Libra.

 

[Libra]

Hi guys,

A member at this forum had posted his landing experience by road a while back; feel free to check it out when you get the chance.

http://www.canadavisa.com/canada-immigration-discussion-board/my-landing-experience-t4869.0.html

Warm regards,
Libra.

 

[psingh]

Hi Libra

I have finally planned to go for landing in Early september this year. Is it possible to do a landing during the weekend?. I am planning to drive by a rental car to canada how is this needed to be worked on. ?

Thanks

Singh

Hi guys,

A member at this forum had posted his landing experience by road a while back; feel free to check it out when you get the chance.

http://www.canadavisa.com/canada-immigration-discussion-board/my-landing-experience-t4869.0.html

Warm regards,
Libra.

 

[Libra]

Hi Libra

I have finally planned to go for landing in Early september this year. Is it possible to do a landing during the weekend?. I am planning to drive by a rental car to canada how is this needed to be worked on. ?

Thanks

Singh

Hi guys,

A member at this forum had posted his landing experience by road a while back; feel free to check it out when you get the chance.

http://www.canadavisa.com/canada-immigration-discussion-board/my-landing-experience-t4869.0.html

Warm regards,
Libra.

Hi Psingh,

Definitely yes; you can land on weekends and even on holidays. F.Y.I. - here is a link to give you a rough idea of current border wait times as well as standard wait times for the days of the week:

http://www.cbsa-asfc.gc.ca/general/times/menu-e.html

Since you are not yet a Canadian Citizen, you can drive a rental car into Canada without any restrictions, but you should be prepared to show the car rental agreement and your driver's license.

 

[sabuj]

Hi friends,

I want to have your help, though I have seen some almost similar cases. My wife and I got the Immigrant Visa valid till 20-12-2007. We were planning to land in Canada within this date and to return back since we have not been planning to go there right now permanently. My wife is pregnant now and the Estimated Date of Delivery (EDD) is 09-12-2007. We all will agree that we will not have sufficient time to get the baby's medical done and visa stamped before the expiry of our visa. In such a case, we have two options, so far we know; we can visit Canada within the visa period and my wife can deliver the baby in our country of residence after returning from Canada, OR we can cancel our visas now and re-apply once the baby is born.

So far we understand, if we visit now and the baby is born outside Canada, we will not be able to sponsor the baby ever. Is it correct? Kindly share with me what law says in detailed.

If we cancel our visa and re-apply once the baby is born, will it take usual processing time for all of us (three persons) or only for the baby's application as new?

Thanks for your usual cooperation and help.

Kind regards.
Sabuj