Got CoPR, my wife is pregnant and expecting our baby by November

[srigiriz]

Guys,

Appreciate if anyone can help me on this. Got my CoPR and passport stamped today.
My wife is 8 months pregnant and we are expecting our baby by November.

In PPR letter from NDVO it is mentioned to inform in case of pregnancy.
As per the direction from New Delhi CHC help desk, I have informed the office(Delhi immigration) by email.
I sent the passports after that and got visa today. The current one-time entry VISA will expire by 15Jan2017.

I have the following questions to ask.

1. Can I travel alone (As a principal applicant) after the baby is born with the current VISA?
My plan is to move to Canada by December. My wife is not in a position to travel with me, she will join with me next year.
2. Will my VISA becomes invalid after my baby is born?
3. How long will it take to get VISA again if my baby wants to be added and get the VISA?
4. Any chances of extending the VISA expiry date just for my wife?
5. What are the consequences if my wife doesn't land in Canada before the expiry date?

What would be the best way to tackle this situation? I would be very grateful if any expert can clarify this.
Many thanks in advance.

 

[legalfalcon]

Guys,

Appreciate if anyone can help me on this. Got my CoPR and passport stamped today.
My wife is 8 months pregnant and we are expecting our baby by November.

First off congratulations!! I wish your wife a healthy pregnancy.

In PPR letter from NDVO it is mentioned to inform in case of pregnancy.
As per the direction from New Delhi CHC help desk, I have informed the office(Delhi immigration) by email.
I sent the passports after that and got visa today. The current one-time entry VISA will expire by 15Jan2017.

I have the following questions to ask.

1. Can I travel alone (As a principal applicant) after the baby is born with the current VISA?
Yes, you can travel alone. When you land you will be asked about your family and you can let them know that your family will be joining you later as your wife is pregnant. The principle applicant can always land alone before the family, but the dependants cannot land before the principle applicant.

My plan is to move to Canada by December. My wife is not in a position to travel with me, she will join with me next year.
2. Will my VISA becomes invalid after my baby is born?
No your visa will not become invalid. You have a one time entry visa, as when you land you will become a permanent resident and will get a PR card, so you won't need a visa to re-enter. However, you will have to get your baby added to the list of dependants and he too will need a passport.

3. How long will it take to get VISA again if my baby wants to be added and get the VISA?
Getting the immigrant visa extended or getting a new one is not an issue if you have a genuine case. Send an email to NDVO and they are pretty good at issuing a new visa. It will take you the same time that it took you after you got the PPR. But you will have to get your baby's passport ready.

4. Any chances of extending the VISA expiry date just for my wife?
As I understand that you plan to land in December, it will only be your wife and your baby that will need a visa. However, do confirm with NDVO that they will have to give you a new COPR as now you will have two dependents. But you can only do this after your baby is born. The visa is not extended, but a new one will be issued. COPR is a document that will continue to be be with you until you get your citizenship. So before you land, make sure that you get it changed. However, until your baby is born, IRCC will not change your COPR. So as soon as your baby is born, you should go ahead and ask them to change your COPR. Just remember that that now instead of 1, you will have 2 dependents. So they may ask you for proof of funds. So be prepared to show roof of funds for 2 dependents.

5. What are the consequences if my wife doesn't land in Canada before the expiry date?
As long as you inform CIC of the situation, there is no problem. But make sure you let them know that your wife will be unable to land before the visa expires and they will give you the instructions of how to get a fresh visa.

What would be the best way to tackle this situation? I would be very grateful if any expert can clarify this.
Many thanks in advance.

I would advise you to move to Canada with your wife so that your baby is born in Canada. He sill then be a Canadian Citizen by birth and you will not have to do all the paperwork. But I understand that you may not want to do that. But do give it a thought. You can get private insurance, and depending on which province you are planning to settle, you may not have a waiting period. So it won't be a bad idea to think about having the baby in Canada. If your wife's pregnancy is going fine and there are no complications, then you should give this a thought, if not, then I have answered your questions.

Hope this helps!

 

[canuck_in_uk]

1. Can I travel alone (As a principal applicant) after the baby is born with the current VISA?
My plan is to move to Canada by December. My wife is not in a position to travel with me, she will join with me next year.
2. Will my VISA becomes invalid after my baby is born?
3. How long will it take to get VISA again if my baby wants to be added and get the VISA?
4. Any chances of extending the VISA expiry date just for my wife?
5. What are the consequences if my wife doesn't land in Canada before the expiry date?

Either you both land before the baby is born or you wait until after the birth, return your COPRs/visas and add the baby to the app.


1. No, you cannot come to Canada after the baby is born with your current documents. If you do land with that COPR, your child will be excluded and you will never be able to sponsor him/her.

2. Yes, it becomes invalid.

3. Unless you both land before the baby is born, you will have to add the baby. This will add a few months of processing time.

4. No. Use it or lose it.

5. Consequences depend on what you do in terms of your own landing and adding the baby.

 

[srigiriz]

First of all, many thanks for your reply!

Guys,

Appreciate if anyone can help me on this. Got my CoPR and passport stamped today.
My wife is 8 months pregnant and we are expecting our baby by November.

First off congratulations!! I wish your wife a healthy pregnancy.
Sri:Thanks buddy for your wishes!

In PPR letter from NDVO it is mentioned to inform in case of pregnancy.
As per the direction from New Delhi CHC help desk, I have informed the office(Delhi immigration) by email.
I sent the passports after that and got visa today. The current one-time entry VISA will expire by 15Jan2017.

I have the following questions to ask.

1. Can I travel alone (As a principal applicant) after the baby is born with the current VISA?
My plan is to move to Canada by December. My wife is not in a position to travel with me, she will join with me next year.
Yes, you can travel alone. When you land you will be asked about your family and you can let them know that your family will be joining you later as your wife is pregnant. The principle applicant can always land alone before the family, but the dependants cannot land before the principle applicant.
Sri: I think you didn't get my question. I was concerned about after baby is born not during pregnancy.

2. Will my VISA becomes invalid after my baby is born?
No your visa will not become invalid. You have a one time entry visa, as when you land you will become a permanent resident and will get a PR card, so you won't need a visa to re-enter. However, you will have to get your baby added to the list of dependants and he too will need a passport.
Sri: Sorry I would have enriched my question as "Will my VISA becomes invalid after my baby is born, if I don't make an entry to Canada before baby birth?"

3. How long will it take to get VISA again if my baby wants to be added and get the VISA?
Getting the immigrant visa extended or getting a new one is not an issue if you have a genuine case. Send an email to NDVO and they are pretty good at issuing a new visa. It will take you the same time that it took you after you got the PPR. But you will have to get your baby's passport ready.
Sri: I have mailed NDVO to inform about pregnancy two weeks before, havent get a reply yet. Is there any other way to reach them? Called CHC(New Delhi) on 91 (11) 4178-2000, they answered that they cannot help with immigration queries.

4. Any chances of extending the VISA expiry date just for my wife?
As I understand that you plan to land in December, it will only be your wife and your baby that will need a visa. However, do confirm with NDVO that they will have to give you a new COPR as now you will have two dependents. But you can only do this after your baby is born. The visa is not extended, but a new one will be issued. COPR is a document that will continue to be be with you until you get your citizenship. So before you land, make sure that you get it changed. However, until your baby is born, IRCC will not change your COPR. So as soon as your baby is born, you should go ahead and ask them to change your COPR. Just remember that that now instead of 1, you will have 2 dependents. So they may ask you for proof of funds. So be prepared to show roof of funds for 2 dependents.
So, just to be clear, are you advising not to travel before baby's birth?

5. What are the consequences if my wife doesn't land in Canada before the expiry date?
As long as you inform CIC of the situation, there is no problem. But make sure you let them know that your wife will be unable to land before the visa expires and they will give you the instructions of how to get a fresh visa.

Sri: I have informed only NDVO by mail. Havent created CSE. Just called CIC helpdesk, they also informed me to write to NDVO. Should I create CSE?

Even, my first preference was to enter Canada before baby is born. Unfortunately, Doctor didn't give "go" signal Now, I feel it would be risky to travel during 34th week of pregnancy.

Thanks again for your help!

 

[srigiriz]

Thanks for your reply friend!

Either you both land before the baby is born or you wait until after the birth, return your COPRs/visas and add the baby to the app.

1. No, you cannot come to Canada after the baby is born with your current documents. If you do land with that COPR, your child will be excluded and you will never be able to sponsor him/her.
It is mentioned in the instructions letter that I received along with CoPR that I have to inform VO only if my family composition changes before leaving for Canada. Also, mentioned that "any current family member not examined now can never be sponsored". As I will become PR once I land before baby is born, I hope there will be some way to add child. Please correct me if I'm wrong

2. Yes, it becomes invalid.

3. Unless you both land before the baby is born, you will have to add the baby. This will add a few months of processing time.
What is the procedure to add the baby if we both land before baby is born. Say the baby is born outside Canada.

4. No. Use it or lose it.

5. Consequences depend on what you do in terms of your own landing and adding the baby.

 

[srigiriz]

Hello legalfalcon,

Can you please advise on the below queries?

1. In order to get Indian passport once baby is born, either myself/my wife should have spouse name. We don't have it as of now. I'm planning to add my name in my wife's passport and then will apply for the baby. In this case, what is the procedure to be followed to update NDVO?
2. Can I add my name in my wife's passport and apply for re-issue before baby is born? Will NDVO transfer IM1-VISA to new passport?


Do you see any problems here? Your suggestions are most welcome!

 

[canuck_in_uk]

It is mentioned in the instructions letter that I received along with CoPR that I have to inform VO only if my family composition changes before leaving for Canada. Also, mentioned that "any current family member not examined now can never be sponsored". As I will become PR once I land before baby is born, I hope there will be some way to add child. Please correct me if I'm wrong

What is the procedure to add the baby if we both land before baby is born. Say the baby is born outside Canada.

Again, your choice is either you both land before the baby is born OR you wait until after the birth, return your COPRs/visas and add the baby to the app.

You can't add the baby after you've landed. You would need to sponsor the child for PR. As a PR, you are required to reside in Canada throughout the entire sponsorship process. You could try to get a TRV for the baby, or a TRP if the TRV is refused, but it's possible the child may not be able to come to Canada until the PR app is approved. You need to be prepared to be separated from your wife and child for many months if you go this route.

I would say your best option is to wait for the child to be born, add him/her to the app and come to Canada together.

 

[srigiriz]

Again, your choice is either you both land before the baby is born OR you wait until after the birth, return your COPRs/visas and add the baby to the app.

You can't add the baby after you've landed. You would need to sponsor the child for PR. As a PR, you are required to reside in Canada throughout the entire sponsorship process. You could try to get a TRV for the baby, or a TRP if the TRV is refused, but it's possible the child may not be able to come to Canada until the PR app is approved. You need to be prepared to be separated from your wife and child for many months if you go this route.

I would say your best option is to wait for the child to be born, add him/her to the app and come to Canada together.

Thanks friend, better I will leave after baby is born.

 

[legalfalcon]

The issue is simple. You have two scenarios:

1. Scenario one - Before the baby is born:

You can enter Canada a principal applicant and after your baby is born you can get him added and then your wife and child can enter.

2. Scenario 2 - After the baby is born

Now, since your family composition has changed you will have to get your paperwork changed. Raise a CSE and let CIC know of the situation. This is no big deal and do not stress too much over it. Just raise a CSE and CIC will give you precise instructions as to what to do.

 

[srigiriz]

The issue is simple. You have two scenarios:

1. Scenario one - Before the baby is born:

You can enter Canada a principal applicant and after your baby is born you can get him added and then your wife and child can enter.

2. Scenario 2 - After the baby is born

Now, since your family composition has changed you will have to get your paperwork changed. Raise a CSE and let CIC know of the situation. This is no big deal and do not stress too much over it. Just raise a CSE and CIC will give you precise instructions as to what to do.

I'm now clear with scenario 2.

Regarding scenario 1, how I can add my baby to PR application? canuck_in_uk is saying that I cannot add my baby once I land and I should go through sponsorship route. Is that true?

Thanks for all your help!

 

[canuck_in_uk]

1. Scenario one - Before the baby is born:

You can enter Canada a principal applicant and after your baby is born you can get him added and then your wife and child can enter.

Wrong. A person can't be added to an app after the PA has landed.

 

[legalfalcon]

Wrong. A person can't be added to an app after the PA has landed.

I wonder with what authority and legal backing you make this statement. If a child is not yet born, how can you add him to your application. In the current scenario which I am talking is where the child is not yet born. Under those circumstances an applicant has the obligation to inform CIC of the circumstances (pregnancy) and also disclose the same to the CBSA officer when landing. If he has done this then he has complied with s. 16(1) of the Immigration and Refugee Protection Act (the “Act”), and s. 51 of the Immigration and Refugee Protection Regulations, which together state:

16. (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

51. A foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination,

(a) inform the officer if

(i) the foreign national has become a spouse or common-law partner or has ceased to be a spouse, common-law partner or conjugal partner after the visa was issued, or

(ii) material facts relevant to the issuance of the visa have changed since the visa was issued or were not divulged when it was issued; and

(b) establish that they and their family members, whether accompanying or not, meet the requirements of the Act and these Regulations.

Since in this case the child is not born, and you cannot add a unborn child to the application, so as long as the applicant informs the CIC of the pregnancy and lands, he has complied with the law.

Now the law in this regard is not very clear and does not state the procedure for an unborn child. However, a decision has made this a little clearer and is available at <http://www.canlii.org/en/ca/fct/doc/2013/2013fc1224/2013fc1224.html>. The decision clearly states that the failure to disclosure of pregnancy amounts to misrepresentation and makes the applicant inadmissible.

Even though the case is not on point directly, it does give some guidelines as to what to expect.

However, as per your analogy, a person who has received the CoPR and visa cannot enter until his child is born, is absurd. This is because if an applicant does not enter within the timeframe, then he forfeits his PR status and has to re-apply.

After a child is born the CIC requests for the following documents:

Please send clear legible photocopies rather than the original documents unless otherwise specified. If the documents are not written in either English or French, please enclose a certified translation with a photocopy of the original document.
-Updated forms which are available on our website:
New Application for Permanent Residence IMM0008 form for the principal applicant which lists your newborn child
New Additional Family Information form IMM5406 for you and your spouse which lists your newborn child
-Documents for your new baby:
Processing fee of $150 CAD
4 x passport size photographs
Long form birth certificate
Copy of passport biopage
-Re-issuance fee of $30.00 CAD

This takes time.

Based on the above I would advise that a CSE should be raised immediately and inform CIC that you will be unable to enter Canada until the child is born and wait for the instructions, or enter Canada before the child is born with your wife. Even if you plan on entering Canada along, you will need the CIC to confirm it before your plan to leave as adding a dependent after you have landed will be procedurally difficult.

 

[canuck_in_uk]

1. Scenario one - Before the baby is born:

You can enter Canada a principal applicant and after your baby is born you can get him added and then your wife and child can enter.

You advised that he can land before the child is born and then add the child to the PR app. This is not possible. All dependents in an application must be examined BEFORE anyone can land as a PR.

If OP could become a PR and then add the child to the app after the birth, what happens if the child has health issues that will make him/her medically inadmissible? This also makes OP inadmissible, even though he already landed as a PR. IRCC would then have to revoke his PR status.

As I said, it's not possible. Once the PA lands, the app is closed and no dependents can be added.

However, as per your analogy, a person who has received the CoPR and visa cannot enter until his child is born, is absurd. This is because if an applicant does not enter within the timeframe, then he forfeits his PR status and has to re-apply.

Read my posts. I never said OP cannot enter before his child is born. OP can land anytime he wants. However, either he lands before the child is born and then sponsors the child or he waits until after the birth, adds the child to the app and then they all land together. It's very simple.

Given the fact that sponsoring the child would most likely result in the family being separated for many months, waiting to add the child is the best scenario.

 

[legalfalcon]

You advised that he can land before the child is born and then add the child to the PR app. This is not possible. All dependents in an application must be examined BEFORE anyone can land as a PR.

If OP could become a PR and then add the child to the app after the birth, what happens if the child has health issues that will make him/her medically inadmissible? This also makes OP inadmissible, even though he already landed as a PR. IRCC would then have to revoke his PR status.

As I said, it's not possible. Once the PA lands, the app is closed and no dependents can be added.


Read my posts. I never said OP cannot enter before his child is born. OP can land anytime he wants. However, either he lands before the child is born and then sponsors the child or he waits until after the birth, adds the child to the app and then they all land together. It's very simple.

Given the fact that sponsoring the child would most likely result in the family being separated for many months, waiting to add the child is the best scenario.

I pretty much said the same thing as you did. My advise was to inform the CIC, land and then sponsor the child. Or alternatively, wait for the birth of the child and then add him to the application, which is much faster and quicker. However, granting an extension on this ground is tricky. I am not sure if the CIC will issue a new visa.

Its a complicated case and the PA should evaluate the pros and cons. However, having said and done that, he should contact CIC ASAP and see what they have to say. Sponsoring a child is a quick process as there are no security, no criminal records check, minimal medical.

The weight is now on the fact that whether the CIC will give a new visa to enter Canada. My point was to inform CIC of the pregnancy so that the PA does not fall under misrepresentation.

 

[canuck_in_uk]

I pretty much said the same thing as you did.

You didn't say the same thing as me. Again, your incorrect statement:

1. Scenario one - Before the baby is born:

You can enter Canada a principal applicant and after your baby is born you can get him added and then your wife and child can enter.

However, granting an extension on this ground is tricky. I am not sure if the CIC will issue a new visa.

The weight is now on the fact that whether the CIC will give a new visa to enter Canada.

It is not tricky at all. They simply need to wait until after the birth, inform IRCC about the child and add him/her to the app. New documents will be issued after the child is processed. This is a common enough situation. The only complication may be that IRCC requests new medicals from the parents in order to extend the validity of the COPRs/visas.

Once the child is processed and, if required, new medicals are done, IRCC will issue new COPRs/visas.