Residency Obligations- Pregnancy
- Thread starter ss110
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I am a working woman myself and intend to continue working, let’s hope for the best
thank you for your time and suggestions.Think she means she would like her husband to apply for H&C. The child also needs to get sponsored. H&C applications can take over a year with no guarantee of a WP for the husband or approval. None of the options available are easy or quick.
Did that mother face the same challenges as the OP? Did she have to weigh the choice of leaving (without her child) to go to another country, just to meet the R.O.?
I suspect not.
The post was about not being able to have a c-section and a baby without family support and has nothing to do with leaving a child in another country. The gestational diabetes would have lead to a larger baby and a need for a c-section. Normally all that is required with gestational diabetes is more monitoring of the fetus (movement, weight, amniotic fluid levels, etc.) and monitoring sugar levels to try to prevent the baby from gaining as much weight as possible. The argument that coming to Canada wasn’t feasible because OP was going to have a baby and a c-section. Although it would certainly be difficult to have baby without family support it is more common than people realize. Single parents, and usually mothers, are extremely strong. It’s unfortunate that there wasn’t more consideration about retaining PR when it came to getting married or getting pregnant. It would have been much easier to sponsor a husband before having a baby but it would have still likely involved being separated for a period of time.
Do you think that the OP was completely unaware of the R.O. when she got pregnant and when she got married?
I suspect she was very much aware, but did not fully understand that she could not sponsor either one without returning to Canada
From a simple math perspective: you had approximately 8-9 months in Canada from the time of your landing - count the number of days. I'm going to call that appr 270 days.
When you return, that means you will need approximately 460 days, or about 16 months. Return tomorrow and you would be back in compliance by about April/May 2024. With an important caveat that you start 'losing' days from September 2019 if you return later than about May 2023 (basically if 1095 days pass between June 2020 and the date you return, you have to 'start over').
Therefore: strongly encourage you apply for TRV for the child ASAP if you believe you cannot leave the child. While having to wait a year + to apply to sponsor seems long, it will be an additional 9-10 months if you do not return earlier (soonest really).
As others have noted, this is not easy and you might well decide to remain in your home country. I am pointing it out this way to make the math clear to you: if you are going to do this, do not waste time, becuase the calendar will work against you.
I also note: there are differing opinions here about whether one can apply to sponsor spouse/child while not in compliance (well, you can of course, the quesiton is whether there is a significant risk in doing so). I do not pretend to know the definitive answer to this.
It is possible it would simply be processed normally. It is possible it would just be delayed. It is possible, although perhaps somewhat less likely, that this would start a review of your PR status and loss eventually due to non-compliance. I do not believe this is as clear cut as some here say, but don't feel I know. (You can consider hiring a lawyer at some point, but there is no immediate urgency to this - as compared to returning to Canada sooner if you want less problems or waiting).
You can research this later, you can decide this later, but if you say you MUST travel with your child, you need to apply for TRV immediately. You only increase the likelihood of having to travel alone (or spending more time apart) if you wait.
I repeat: the math of the residency obligation (the rolling five-year window) is relentless and will only get worse if you delay.
Good luck.
I happened to know someone who was a newcomer, pregnant and delivered her baby boy in a Canadian city where none of her relatives lives. She came alone. Surely, she made lots of arrangement such as accomdation before she arrived for birth delivery (like most people opt for birth tourism). Both mother and son were healthy and went back to husband/dad's third world country soon afterwards..
