US Citizen Baby and Canadian PR Parents

[MarcusErectus]

Hello,

Me and my wife are both PR in Canada, I've landed in June 2009 (still not a Citizen), sponsored my US Citizen wife and landed in Aug 2019 while pregnant with my son. Now a year later we're ready to move (as Covid restrictions prevented us from doing so early in the year).

My son is turning 11 months on Aug 26th and he was born here in the US, he has US Passport, and I have been staying here in the US for almost a year now. I came here in Sep 2019 after filing for parental leave for 35 weeks to be present for my son's birth, went back to Canada from Dec 10, 2019 to January 19, 2020 due to my father suffering hemhorragic stroke to which he later passed away from, came back to the US and stayed until Feb 24-ish, went back to Canada again from Feb to March 14th because my 6 month limit was almost up and didn't want to overstay.

So I've been here in NJ since March 14, 2020, and were driving up to Canada before Sep 9th which will be about 6 months since I came here.

My questions are; what are we going to say to the border immigration officers when we go drive up? If I say that we are moving up (three of us: PR me, PR wife and US Citizen baby) will they deny us entry? Should I just say we are visiting a relative? I'm not sure how the border restrictions due to the pandemic would affect our entry and I'm asking for help, any suggestions and/or tips are very welcomed.

Thank you.

 

[primaprime]

Are you not a US citizen? And why have you not applied for Canadian citizenship yet?

The child can enter as a visitor while you begin the process of sponsoring them for PR. To do so you must meet the RO.

 

[MarcusErectus]

I am still a citizen of the Philippines, I'm going to apply for citizenship this year when we do go up.

Should I be worried about the border officers denying access to my son?

 

[primaprime]

No, they're your immediate family and thus allowed in. I assume you meet your RO.

 

[canuck78]

Depending on the province your child won’t have health coverage so you’ll need to purchase emergency coverage for your child.

 

[MarcusErectus]

No, they're your immediate family and thus allowed in. I assume you meet your RO.

Yes I believe I do, I've only been out of the country for a total of 1 year. If I remember correctly, you have to be in Canada for a total of 700+ something days in any 5 year period is that right?

Depending on the province your child won’t have health coverage so you’ll need to purchase emergency coverage for your child.

Yes, we are purchasing private health insurance for now until my wife can apply for OHIP, which I believe the requirements are she has to be present for 153 days in Ontario? I'm not so sure.

 

[canuck78]

Yes I believe I do, I've only been out of the country for a total of 1 year. If I remember correctly, you have to be in Canada for a total of 700+ something days in any 5 year period is that right?



Yes, we are purchasing private health insurance for now until my wife can apply for OHIP, which I believe the requirements are she has to be present for 153 days in Ontario? I'm not so sure.

Your wife qualifies right away if she plans on meeting the RO for OHIP. Your child will not qualify for healthcare until he/she gets PR.

 

[MarcusErectus]

Thank you, I didn't know that. So all she needs to do is to apply for OHIP and declare that she will fulfill the RO requirements then she'll be qualified for coverage right away if approved?

Also, since I just found out this morning that Canada is extending the US-Canada Border Shutdown until Sep 21 and banning all non-essential travels (I assume this includes "visiting" relatives) I'm not so sure what we should say to the border officers when they ask what's the purpose of our travel. Should I tell them that we are moving up and sponsoring my son later for Permanent Residency in Canada? Would this raise flags for them? We've had a bad experience in Nov 2018 when my wife was declined entry to Canada (she was my girlfriend back then, not married yet and had no PR status in Canada) hence my granular inquiry about what to say to the border officers.

 

[primaprime]

As PRs you have the right to enter Canada, and your child can enter as a visitor, since they are your immediate family member.

 

[MarcusErectus]

Got it, thank you.

 

[walter_white]

Try to get a visitor record or at least an entry stamp in your child’s passport when you enter Canada, since your child’s PR application asks for proof of legal presence in Canada. I guess ircc will be able to pull entry records even if you don’t get them and provide a letter of explanation, but better ask for one.

 

[canuck78]

Thank you, I didn't know that. So all she needs to do is to apply for OHIP and declare that she will fulfill the RO requirements then she'll be qualified for coverage right away if approved?

Also, since I just found out this morning that Canada is extending the US-Canada Border Shutdown until Sep 21 and banning all non-essential travels (I assume this includes "visiting" relatives) I'm not so sure what we should say to the border officers when they ask what's the purpose of our travel. Should I tell them that we are moving up and sponsoring my son later for Permanent Residency in Canada? Would this raise flags for them? We've had a bad experience in Nov 2018 when my wife was declined entry to Canada (she was my girlfriend back then, not married yet and had no PR status in Canada) hence my granular inquiry about what to say to the border officers.

Would read up on the residency requirements for just OHIP. They are different than RO for PR. OHIP is currently waiving the 3 month wait period due to covid but that will change sometime.

https://www.ontario.ca/page/apply-ohip-and-get-health-card#section-2

 

[MarcusErectus]

Would read up on the residency requirements for just OHIP. They are different than RO for PR. OHIP is currently waiving the 3 month wait period due to covid but that will change sometime.

https://www.ontario.ca/page/apply-ohip-and-get-health-card#section-2

Makes sense, I'm not sure if she meets the minimum qualifications because she landed on August 17, 2019 then went back to the US on the 24th, I guess I'll have to call to make sure.

* * *
To meet the minimum qualifications you must:

• be physically in Ontario for 153 days in any 12‑month period
• be physically in Ontario for at least 153 days of the first 183 days immediately after you began living in the province
• make Ontario your primary home

* * *

 

[canuck78]

Makes sense, I'm not sure if she meets the minimum qualifications because she landed on August 17, 2019 then went back to the US on the 24th, I guess I'll have to call to make sure.

* * *
To meet the minimum qualifications you must:

• be physically in Ontario for 153 days in any 12‑month period
• be physically in Ontario for at least 153 days of the first 183 days immediately after you began living in the province
• make Ontario your primary home

* * *

If she is not in Canada then no she doesn't qualify for OHIP. When she settles permanently in Canada she will likly qualify.