PR and TRV immediate help please- 7 months pregnant!

[ashleysnowflake]

Hi all , hopeing for some immediate help.

I am Canadian Citizen, My husband in Thai. We currently live in Thailand . due to some immigration and visa issues on my part in Thailand, we are in a position we find ourselves we may have to relocate to canada for a year or longer... ASAP .. so in short- we are looking at applying for PR however.. the catch... IM PREGNANT and due in 3 months ( March 1, 2018) I however will NOT leave my husband behind without some kind of guarentee we will be together for the birth of our first child....

so now i have come across duel intent. and feel like this may be some kind of saving grace but not sure of the chances....or time frame

am i correct to say is Best to First apply for PR, then secondary apply for TRV so he can be with me for the birth of our child? or the opposite way arround? TRV then PR as our travel plans would base weather or not we did go to Canada to have the baby. or do you apply for them both at once? can apply for TRV based on dual purpose be done online? / quicker for a response. ... how long would the TRV come through?
He has been denied for a tourist visa in the past ( 3 yrs ago) we did application online before we were married ... which is why we dont fully have the highest hopes theyd grant it now....( if he was denied we would find an alternate country so we could be together is what im getting at)

What would you do...??
**key point to me being 7 months pregnant.. so my travel time frame is closing in very rapidly... id say the latest would be DEC 31st

 

[CaroM8]

Congrats on the pregnancy!

In my opinion, it would be best to apply for a TRV first, so that he could come to Canada as soon as possible to be with you for the birth. Then when he’s in Canada you can apply for Inland PR along with the OWP.

Now to be approved for a TRV he will need to show very good ties to his country. You basically have to convince CIC that you will return to your country after your visit (even though you might not). Important things to include in TRV application: proof of employment, property ownership, strong family ties etc..

I’m not sure what the processing time is now, but you can check on CIC website.

Hope this helps!

 

[scylla]

The bad news is that you're not going to get any kind of guarantee.

Unfortunately the chances are relatively high a TRV will be refused given he had a previous refusal and is now married to a Canadian. However you should certainly try. Processing can take anywhere from a few days to several months (no guarantee you'll have a response by Dec 31st). To have the highest chance of approval, he needs to demonstrate very strong ties to his home country (job, property, assets, etc.) and prove that he has no plans on remaining in Canada long term. Make sure he lists all previous refusals in his application. A PR application will not be processed in three months - however you absolutely should file one immediately. If you come to Canada to have your baby, there is definitely no guarantee your husband will be able to arrive in time for the birth of your child. Dual intent will not guarantee approval.

Please also keep in mind that some provinces have waiting periods when you return before you will qualify for provincial health care coverage. For example, if you plan to return to Ontario, you won't qualify for provincial health care coverage for the first three months and will have to pay for any care out of your own pocket during this time (this would include the delivery of the child).

Good luck.

 

[ashleysnowflake]

Congrats on the pregnancy!

In my opinion, it would be best to apply for a TRV first, so that he could come to Canada as soon as possible to be with you for the birth. Then when he’s in Canada you can apply for Inland PR along with the OWP.

Now to be approved for a TRV he will need to show very good ties to his country. You basically have to convince CIC that you will return to your country after your visit (even though you might not). Important things to include in TRV application: proof of employment, property ownership, strong family ties etc..

I’m not sure what the processing time is now, but you can check on CIC website.

Hope this helps!

But apply as in dual intent.. or totallly seperate??. from all the other forums doing TRV first with duel intent theres even higher unlikely chance of approval if plans to apply inbound as it somewhat contradicts the visa... but if applied seperatly and fights he he will return to thailand and has no intention of wanting to stay ( was his denial reason last time they didnt believe he would leave) .. then if they do deny him a 2nd time.. i feel like the PR residency will look like fraudulent straight after all the sudden "yes i want to live in canada" makes him look like a liar

 

[ashleysnowflake]

The bad news is that you're not going to get any kind of guarantee.

Unfortunately the chances are relatively high a TRV will be refused given he had a previous refusal and is now married to a Canadian. However you should certainly try. Processing can take anywhere from a few days to several months (no guarantee you'll have a response by Dec 31st). To have the highest chance of approval, he needs to demonstrate very strong ties to his home country (job, property, assets, etc.) and prove that he has no plans on remaining in Canada long term. Make sure he lists all previous refusals in his application. A PR application will not be processed in three months - however you absolutely should file one immediately. If you come to Canada to have your baby, there is definitely no guarantee your husband will be able to arrive in time for the birth of your child. Dual intent will not guarantee approval.

Please also keep in mind that some provinces have waiting periods when you return before you will qualify for provincial health care coverage. For example, if you plan to return to Ontario, you won't qualify for provincial health care coverage for the first three months and will have to pay for any care out of your own pocket during this time (this would include the delivery of the child).

Good luck.

thanks, yes thats kind of the question.. which out of the options would have the highest chance?? TRV first. then PR inbound.. or outbound..?... or PR then TRV or both at the same time ( is that even possible) saying his purpose for immediate travel TRV to be able to be there for my child birth...
im thinking if PR is outbound it proves in its own notion as he MUST return to Thailand to even recieve his PR if that was applied for first.
i want to go about it in the smartest way

as far as the medical... yes my parents phoned yesterday and why i mentioned by the 31st.. it goes by month.. so as long as im in canda by Dec 31.... it counts the whole month and ill be eligible March 1 ....... which in itself is Extremely risky as i could pop prior. then said i could apply for extenuating circumstances if this was the case ( like give birth a week earlier before it kicked in) but thats not guarenteed either and would be case by case...

im so overwhelmed by the entire thing

 

[scylla]

There's absolutely no requirement for him to return to Thailand or be in Thailand to receive his PR if he applies outland. It's entirely possible to apply outland while "living" in Canada as a visitor. So applying outland is not in any way proof he will return home. Many of us here (my own husband included) applied outland from within Canada.

Provincial health care goes by month for only certain provinces. Other provinces have different rules. Which province are you returning to? For Ontario, it's by the day. So if you were to return December 31st you won't qualify for coverage until March 31st.

I would personally apply for the TRV as soon as possible (i.e. today). That's the only option that may get him here in time.

 

[Rob_TO]

as far as the medical... yes my parents phoned yesterday and why i mentioned by the 31st.. it goes by month.. so as long as im in canda by Dec 31.... it counts the whole month and ill be eligible March 1 ....... which in itself is Extremely risky as i could pop prior. then said i could apply for extenuating circumstances if this was the case ( like give birth a week earlier before it kicked in) but thats not guarenteed either and would be case by case...

I assume you are going to BC? Their rules are as you mentioned, with coverage starting remainder of month you arrive + 2 more months.

However you will NOT get a waiver if you need medical help or deliver baby earlier. They specifically state pregnancy does not qualify: https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/eligibility-and-enrolment/how-to-enrol/coverage-wait-period
Appealing the Wait Period
The wait period protects the province’s health care plans by reducing the likelihood of individuals coming to British Columbia for the purpose of receiving health care services at public expense.

While a process is in place to review appeals from persons who have received, or will require, health care services during the wait period, waivers are only approved in the most extenuating circumstances. Please note that this waiver process is intended for persons who have already established residence in B.C.

When an appeal for a waiver of the wait period is received, consideration is given to a number of factors such as whether a verifiable error was made by Health Insurance BC in assigning the effective date of MSP coverage, whether the person’s medical condition meets a requirement of having been diagnosed in the wait period, the seriousness of the condition, whether the person was able to access required health care services during the wait period and whether private insurance was obtained/obtainable for the wait period. In addition, the costs of health care received during the wait period must meet the requirement of being financially devastating. Routine pre-natal care and the routine birth of a baby do not generally qualify a person for a waiver.

So to continue with your plan, you need to consider a likely scenario you deliver early, or have other costs come up during pregnancy that will require out of pocket payments. I would budget around $10,000 or so to be safe, and of course best case scenario your baby can hold off coming out until just past March 1. Note though you may still require check-ups, ultrasounds, blood work etc during last 3 months of pregnancy which you will all need to pay out of pocket. If you can find a midwife to use, then your costs may be reduced.

 

[bafonso]

If you can find a midwife to use, then your costs may be reduced.

True but never exclude the possibility of having to go to a hospital if the need arises. May be wise to consider picking a nicer province that caters to pregnant women.

 

[scylla]

True but never exclude the possibility of having to go to a hospital if the need arises. May be wise to consider picking a nicer province that caters to pregnant women.

As long as she plans on remaining in that province for at least 6-8 months. Otherwise the province will classify it as an abuse of the health care system and go after her for all of the costs (plus penalties) of the care she received.

 

[bafonso]

As long as she plans on remaining in that province for at least 6-8 months. Otherwise the province will classify it as an abuse of the health care system and go after her for all of the costs (plus penalties) of the care she received.

I did not suggest or imply taking advantage of it, merely considering settling initially in a different province. Many parents to be mis-calculate the financial requirements involved in bringing a child into the world and what comes after. While costs are relatively low when the child falls within the boundaries of normality, costs quickly pile up if there is need for medical care.

 

[bafonso]

This has nothing to do with “being nice”.. it’s just logical

I don't understand the point you're trying to make.

 

[scylla]

I did not suggest or imply taking advantage of it, merely considering settling initially in a different province. Many parents to be mis-calculate the financial requirements involved in bringing a child into the world and what comes after. While costs are relatively low when the child falls within the boundaries of normality, costs quickly pile up if there is need for medical care.

I understand that. I'm just making the OP aware that if she picks a different province than where her parents are located - she will need to remain there for 6-8 months. Not everyone is aware of how this works and we've seen several members of this forum slapped with very high bills because they only remained in a province for a few months before moving to their desired province of residency. OP is under a lot of pressure so want to ensure she's equipped with as much info as possible as she makes decisions.

 

[canuck78]

You also have to factor in living costs if you move to another province to get healthcare. I would guess she is planning on staying with her parents at least temporarily. If she had to pay for housing for around 8 months (just to be sure) in another province there are no huge cost savings. Could end up being more expensive actually.

 

[CdnWifeLivingInThailand]

So the big question that Ashley is asking and is confused about... If she applies for TRV ASAP and tries to prove that her Thai husband will return to Thailand (property, assets, business, etc.) since that is what she needs to prove - will it be used against her when they apply for spousal sponsorship and then need to prove the exact opposite - that they are planning to move to Canada? Will they then say that they were either lying on the TRV app or lying on the spousal sponsorship app since they will give contradicting stories? Will they be shooting themselves in the foot if they apply for spousal sponsorship immediately after TRV? If TRV is such a slim chance of getting approved (since already rejected before marriage and now has strong ties being married to Canadian), is it even worth it to try if it puts PR in jeopardy? Or is there a way to use dual intent so that the applications match up and aren't contradicting each other? Such a tricky situation...

 

[Rob_TO]

So the big question that Ashley is asking and is confused about... If she applies for TRV ASAP and tries to prove that her Thai husband will return to Thailand (property, assets, business, etc.) since that is what she needs to prove - will it be used against her when they apply for spousal sponsorship and then need to prove the exact opposite - that they are planning to move to Canada? Will they then say that they were either lying on the TRV app or lying on the spousal sponsorship app since they will give contradicting stories? Will they be shooting themselves in the foot if they apply for spousal sponsorship immediately after TRV? If TRV is such a slim chance of getting approved (since already rejected before marriage and now has strong ties being married to Canadian), is it even worth it to try if it puts PR in jeopardy? Or is there a way to use dual intent so that the applications match up and aren't contradicting each other? Such a tricky situation...

It's not tricky at all. It's perfectly fine to come on a TRV then apply for PR sponsorship INLAND immediately after arriving. Ones intent can easily change after arriving in Canada. It will not even be a factor in PR app unless one completely lied on the TRV app (like stated they were single and did not have a spouse).

If TRV is approved and CBSA asks upon entry about applying for PR, they should answer honestly. However you don't need to mention applying for PR in the TRV app.