PR sponsorship for child born outside Canada to permanent resident parents

[Samirarao]

Hi I am a little confused. Could someone please help me.
Me and my wife got Canadian PRs and we collected our cards when we went to Canada . That was may 2018. Then we came back to india to wrap up things, but we realized we were pregnant in dec 2018.
Docs advised against travel. So our baby was delivered in India in aug 2019.
Now we want to go to Canada in the first half of 2020. How do all 3 of us go together?

 

[scylla]

Hi I am a little confused. Could someone please help me.
Me and my wife got Canadian PRs and we collected our cards when we went to Canada . That was may 2018. Then we came back to india to wrap up things, but we realized we were pregnant in dec 2018.
Docs advised against travel. So our baby was delivered in India in aug 2019.
Now we want to go to Canada in the first half of 2020. How do all 3 of us go together?

You need to apply for a TRV for your baby. If the TRV is refused, then you can try applying for a TRP. If that is also refused, then one of you will need to move to Canada ahead of the rest of the family and submit the application to sponsor the child for PR once in Canada. The application will take around 6-8 months to process and once approved, the child will be able to come to Canada. The parent that moves to Canada first will need to remain in Canada while the application is processed (i.e. they cannot simply submit the PR application and then leave).

Chances of the TRV/TRP being approved are likely around 50%. You would start with the TRV.

 

[Samirarao]

You need to apply for a TRV for your baby. If the TRV is refused, then you can try applying for a TRP. If that is also refused, then one of you will need to move to Canada ahead of the rest of the family and submit the application to sponsor the child for PR once in Canada. The application will take around 6-8 months to process and once approved, the child will be able to come to Canada. The parent that moves to Canada first will need to remain in Canada while the application is processed (i.e. they cannot simply submit the PR application and then leave).

Chances of the TRV/TRP being approved are likely around 50%. You would start with the TRV.

Thanks a lot for your prompt reply. Really appreciate it. Thanks again.

 

[Samirarao]

One more follow up question, if our baby gets the TRP or TRV , how long is it valid for and also how long does it take to get processed?

 

[canuck78]

One more follow up question, if our baby gets the TRP or TRV , how long is it valid for and also how long does it take to get processed?

Usually up to 6 months but could be shorter. TRV and TRP processing is variable from a few weeks to a few months. You need to start the process going because you must consider your RO. If the TRV and TRP gets denied one parent must go to Canada and sponsor the child and the other parent need to move back while still meeting their RO so the timeline is quite tight.

 

[Lift48]

Hi all,
Thanks for all your valuable inputs here.
Have few questions.

1. I know that a child born in Canada gets Canadian citizenship. But, the issue there is if my child gets Canadian citizenship, he/she won't be able to get my country's (let's name it country 'ABC') citizenship, as it does not allow to have dual citizenship. So, can I get a PR for my child born in Canada, instead of citizenship (without leaving Canada)?

2. On IRCC website, what does this mean:
"If they receive social assistance, you’ll have to pay back what they received during the time you are legally responsible for them".
(source: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html)
What is considered as a social assistance?
If in future, my child gets child benefits CCB (as a PR), OHIP or other health benefits, or if I apply for daycare benefit for that child - will I have to pay for that?

3. Can I apply to sponsor my child if I receive one of these:
- OHIP
- Student loans or grants, e.g. OSAP.
Will these be considered as a social assistance?

4. When applying to sponsor a child for PR, can I apply to sponsor my child as soon as I land in Canada as a PR? Or should I first get a job, have few months of salary payslips etc before I can apply to sponsor my child? As a proof of my financial stability, I can show my savings (in UK bank account).

 

[canuck78]

Hi all,
Thanks for all your valuable inputs here.
Have few questions.

1. I know that a child born in Canada gets Canadian citizenship. But, the issue there is if my child gets Canadian citizenship, he/she won't be able to get my country's (let's name it country 'ABC') citizenship, as it does not allow to have dual citizenship. So, can I get a PR for my child born in Canada, instead of citizenship (without leaving Canada)?

2. On IRCC website, what does this mean:
"If they receive social assistance, you’ll have to pay back what they received during the time you are legally responsible for them".
(source: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html)
What is considered as a social assistance?
If in future, my child gets child benefits CCB (as a PR), OHIP or other health benefits, or if I apply for daycare benefit for that child - will I have to pay for that?

3. Can I apply to sponsor my child if I receive one of these:
- OHIP
- Student loans or grants, e.g. OSAP.
Will these be considered as a social assistance?

4. When applying to sponsor a child for PR, can I apply to sponsor my child as soon as I land in Canada as a PR? Or should I first get a job, have few months of salary payslips etc before I can apply to sponsor my child? As a proof of my financial stability, I can show my savings (in UK bank account).

1. No your child will have citizenship if he/she is born in Canada. If you are immigrating to Canada there won’t be any issues since I assume you are planning on living in Canada longterm.

2. You are quoting a passage related to sponsoring a spouse. If your child and family qualify for CCB and OHIP they will receive it because they qualify for it. Subsidized daycare spots are extremely difficult to secure so would not count on getting a subsidized spot.

3. OHIP is healthcare. If the child and your family meets the residency requirements necessary to receive OHIP (different from PR) they will be able to access OHIP services.

4. Yes you can sponsor as soon as you land as long as you are compliant with your RO and that you can show you can support your family without government help like welfare.

 

[Lift48]

1. No your child will have citizenship if he/she is born in Canada. If you are immigrating to Canada there won’t be any issues since I assume you are planning on living in Canada longterm.

2. You are quoting a passage related to sponsoring a spouse. If your child and family qualify for CCB and OHIP they will receive it because they qualify for it. Subsidized daycare spots are extremely difficult to secure so would not count on getting a subsidized spot.

3. OHIP is healthcare. If the child and your family meets the residency requirements necessary to receive OHIP (different from PR) they will be able to access OHIP services.

4. Yes you can sponsor as soon as you land as long as you are compliant with your RO and that you can show you can support your family without government help like welfare.

Thank you @canuck78 for the response. That is helpful.

1. I know I won't have any issues if my child is born in Canada and I will stay there. The issue comes when I would like to travel back to my country ABC, then I will have to get a tourist visa, which is extremely hard to get. That's why, I would actually prefer my newborn child to have the passport of ABC, and a Canadian PR.

2. So, the 'social assistance' part in that quote is related only to spouse, correct?

3. If I will be receiving OSAP (grant+loan) while studying in college in Ontario, can I still sponsor my child?

 

[zardoz]

Thank you @canuck78 for the response. That is helpful.

1. I know I won't have any issues if my child is born in Canada and I will stay there. The issue comes when I would like to travel back to my country ABC, then I will have to get a tourist visa, which is extremely hard to get. That's why, I would actually prefer my newborn child to have the passport of ABC, and a Canadian PR.

2. So, the 'social assistance' part in that quote is related only to spouse, correct?

3. If I will be receiving OSAP (grant+loan) while studying in college in Ontario, can I still sponsor my child?

1. Sorry, but that's the way it works. The child will automatically get Canadian citizenship by being born in Canada. It's not negotiable.

Obligatory citation : https://laws-lois.justice.gc.ca/eng/acts/c-29/FullText.html
PART I
The Right to Citizenship
Persons who are citizens

• 3 (1) Subject to this Act, a person is a citizen if
  • (a) the person was born in Canada after February 14, 1977;
  
  
• (2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

• (a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;
  
  (b) an employee in the service of a person referred to in paragraph (a); or
  
  (c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).​

I assume that none of the exclusions in (2) apply to this case...

Only when the child becomes an adult can they renounce the Canadian citizenship. You can't do it for them.
Some countries allow dual citizenship for minor children, in order to cover exactly this situation.

 

[lampbreaker]

It is a complicated matter. If your country bestows Citizenship based on parent's Citizenship irrespective of country of birth, then the child also has a claim to that Citizenship. But that claim can be exercised when the child turns 18. Until then, they can get a Canadian passport to keep things simple.

 

[Birju_1984]

Usually up to 6 months but could be shorter. TRV and TRP processing is variable from a few weeks to a few months. You need to start the process going because you must consider your RO. If the TRV and TRP gets denied one parent must go to Canada and sponsor the child and the other parent need to move back while still meeting their RO so the timeline is quite tight.

Is it possible to apply for TRP followed by rejection of TRV for my 7 months old while me and my wife are in India?
We are originally planning to go to Canada permanently in Dec2020 considering our RO needs (Jan 2018 to Feb2023)

 

[canuck_in_uk]

Is it possible to apply for TRP followed by rejection of TRV for my 7 months old while me and my wife are in India?
We are originally planning to go to Canada permanently in Dec2020 considering our RO needs (Jan 2018 to Feb2023)

You can apply for a TRP but no guarantee of approval.

Note that the 5 years starts from the day you land and PR card expiry date is irrelevant.

 

[scylla]

Is it possible to apply for TRP followed by rejection of TRV for my 7 months old while me and my wife are in India?
We are originally planning to go to Canada permanently in Dec2020 considering our RO needs (Jan 2018 to Feb2023)

Yes - you can apply for a TRP.

 

[Birju_1984]

Thanks for your replies (Scylla and Canuck_in_uk)

Can anyone tell me if TRV/TRP can be extended after my kid come to Canada? This is considering TRV/TRP expiring before the PR process for my kid is over.

 

[canuck_in_uk]

Thanks for your replies (Scylla and Canuck_in_uk)

Can anyone tell me if TRV/TRP can be extended after my kid come to Canada? This is considering TRV/TRP expiring before the PR process for my kid is over.

Yes.