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CatB

Star Member
Jul 23, 2021
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Hello everyone,

I'm a PR and I have a son who was born in Canada already. His dad is from the States, but he now can come to Canada to be closer to us. What's the best option for his legal process? Any suggestions?

Thank you deeply for the help!
 
Hello everyone,

I'm a PR and I have a son who was born in Canada already. His dad is from the States, but he now can come to Canada to be closer to us. What's the best option for his legal process? Any suggestions?

Thank you deeply for the help!

You need to sponsor him for permanent residency:

https://www.canada.ca/en/immigratio...mily-sponsorship/spouse-partner-children.html

Since you are a PR yourself, you will need to wait until you have moved back to Canada before you can sponsor your spouse for PR. (Or maybe you are already in Canada. Not quite clear from your post.)

There are two approaches to sponsoring your spouse. Once is outland which allows him to remain outside of Canada / travel outside of Canada without impacting the application. Process will likely take a year and he won't be eligible to work until he has PR. The second option is inland which requires your spouse to be in Canada and avoid long absences outside of Canada. He will qualify for an open work permit as part of this process however that ope work permit most likely won't be granted until 6-8 months after you submit the sponsorship application.

Further discussions are in the Family Sponsorship section of the forum.
 
Hello everyone,

I'm a PR and I have a son who was born in Canada already. His dad is from the States, but he now can come to Canada to be closer to us. What's the best option for his legal process? Any suggestions?

Thank you deeply for the help!

Just to add to my original comment above. A work permit based on a job offer in Canada might also be possible but how easy this is will depend on his occupation and also whether he's able to secure a job offer in Canada.
 
You need to sponsor him for permanent residency:

https://www.canada.ca/en/immigratio...mily-sponsorship/spouse-partner-children.html

Since you are a PR yourself, you will need to wait until you have moved back to Canada before you can sponsor your spouse for PR. (Or maybe you are already in Canada. Not quite clear from your post.)

There are two approaches to sponsoring your spouse. Once is outland which allows him to remain outside of Canada / travel outside of Canada without impacting the application. Process will likely take a year and he won't be eligible to work until he has PR. The second option is inland which requires your spouse to be in Canada and avoid long absences outside of Canada. He will qualify for an open work permit as part of this process however that ope work permit most likely won't be granted until 6-8 months after you submit the sponsorship application.

Further discussions are in the Family Sponsorship section of the forum.
Thank you so much for your response. Means a lot.

I am in Canada already and he just got here too, but as a visitor for now. We would like to apply inland since he is here. We are not married, we've been together for 4 years and had a baby in 2019, but never got married.

Thank you for the information you gave me..
 
Just to add to my original comment above. A work permit based on a job offer in Canada might also be possible but how easy this is will depend on his occupation and also whether he's able to secure a job offer in Canada.
Are you married or common law? Did you get married before or after you received PR?
Not married, we've been together since Feb 2018 and had a baby in 2019 (while I was already in Canada, so our son is Canadian.. not sure if it matters for the process).
 
Thank you so much for your response. Means a lot.

I am in Canada already and he just got here too, but as a visitor for now. We would like to apply inland since he is here. We are not married, we've been together for 4 years and had a baby in 2019, but never got married.

Thank you for the information you gave me..

I assume you've never lived together for one year continuously?
 
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Not married, we've been together since Feb 2018 and had a baby in 2019 (while I was already in Canada, so our son is Canadian.. not sure if it matters for the process).
Canadian child doesn't matter. When did you get PR?
 
We're in a relationship for longer than that but living in the same house no, he was working in the US

Then I see no issues with the spousal sponsorship once you are married. You just have to pick between the outland route or inland route. Again, suggest you move over to Family Sponsorship and read through the discussions there.
 
Then I see no issues with the spousal sponsorship once you are married. You just have to pick between the outland route or inland route. Again, suggest you move over to Family Sponsorship and read through the discussions there.
Thank you deeply!