American/Canadian with Son looking to move to Canada

[bizmarvel]

Hello,

I am a Canadian citizen who has a 2 month old son with an American with whom I met while working in Korea. I am currently visiting them in the USA but we are looking to move to Canada together and acquire permanent residency for her (and citizenship for my son) under the 'common law' agreement. I am planning on going back to Canada on January 1st, and we would like her and my son to join me as soon as possible. I have a few questions if anyone would be able to help!

We have been living together in America since September after finishing my Korean contract. We want to move our family to New Brunswick so that we can be together, but would like to know the quickest way to do so. My partner, a teacher, is willing to work towards permanent residency and later citizenship so she can also teach. I will support them until she is able to work.

-Am I able to sponsor her as a 'Common Law' partner if we have have only been living together in the US since September?
- If yes, how do I go about this process and how long does it usually take for her to get approved to enter Canada as a PR?

- If no, what other options are available? We discussed the issue with the CIC over the phone, but he could not provide all of the answers. He stated that she would be able to come to Canada as a visitor for 6 months and renew that for another 6, but was unsure as to whether or not that would count towards our 1 year of living together as Common Law partners. Does anyone know this answer?

-If we are driving across the boarder, would we be able to bring a truckload of her goods to furnish our home?

- As for my son, what is the best option to get him PR and citizenship? would all that would be required is to apply for his citizenship certificate? how soon then would he be able to get Medicare?

I think thats all for now...any help is much appreciated!

 

[RobsLuv]

I am a Canadian citizen who has a 2 month old son with an American with whom I met while working in Korea. I am currently visiting them in the USA but we are looking to move to Canada together and acquire permanent residency for her (and citizenship for my son) under the 'common law' agreement. I am planning on going back to Canada on January 1st, and we would like her and my son to join me as soon as possible. I have a few questions if anyone would be able to help!

We have been living together in America since September after finishing my Korean contract. We want to move our family to New Brunswick so that we can be together, but would like to know the quickest way to do so. My partner, a teacher, is willing to work towards permanent residency and later citizenship so she can also teach. I will support them until she is able to work.

-Am I able to sponsor her as a 'Common Law' partner if we have have only been living together in the US since September?
- If yes, how do I go about this process and how long does it usually take for her to get approved to enter Canada as a PR?

No, you will not qualify as common-law partners until you have cohabitated for at least one year, and you have to be able to provide evidence of such with copies of lease agreements, joint utility bills, joint bank accounts, etc. Once she is eligible to be sponsored, the process takes anywhere from 6-12 months to be finalized - it depends on whether you apply "outland" (recommended even if she's visiting with you in Canada), or "inland" (which typically takes longer and it's generally recommended for visa-exempt nationals like US citizens) . . . but we can get into all of that later. The first step is for her to become eligible to be sponsored - and you do that either through common-law qualification or marriage. There is no "working towards permanent residency" in Canada. Your partner can come to Canada as a visitor for up to six months, but she will not be allowed to work or attend school until she has been approved as a permanent resident.

- If no, what other options are available? We discussed the issue with the CIC over the phone, but he could not provide all of the answers. He stated that she would be able to come to Canada as a visitor for 6 months and renew that for another 6, but was unsure as to whether or not that would count towards our 1 year of living together as Common Law partners. Does anyone know this answer?

The time spent co-habitating in Canada will count towards your common-law qualification, but it will be difficult for her to get an extension of temporary status for another six months if she will not yet qualify at the end of the first six months as your common-law partner. In other words, by the time that you're applying to extend her temporary status, in order to be certain of approval of the extension, she would need to be qualified as your common-law partner and you would need to provide proof with the extension application of having submitted an application to sponsor her for permanent residence. If you marry, she is immediately eligible to be sponsored - so you eliminate the need to co-habitate for a year in order to qualify.

-If we are driving across the boarder, would we be able to bring a truckload of her goods to furnish our home?

Absolutely not - if she arrives at the border with a truckload of her belongings, they will not only refuse her entry, they could possibly exclude her from Canada for up to two years for trying to "move" here. She has to be able to demonstrate that her intention is only to visit - not move here.

- As for my son, what is the best option to get him PR and citizenship? would all that would be required is to apply for his citizenship certificate? how soon then would he be able to get Medicare?

If you are a Canadian citizen, so is your son. He does not need to be sponsored for permanent residence. He needs a citizenship certificate so that he can get a Canadian passport, but he can travel to Canada on his US passport - especially with proof that you are his biological father. Also, medical eligibility is a provincial matter - so when he's eligible for healthcare will depend on what the rules are in NB. I'm not familiar with that Province, but it's possible there are others here who are. Also, here's a link to information about New Brunswick Medicare. I didn't read through the info, but it should tell you when you and your son will be eligible. I doubt your wife will be eligible, though, until she has permanent status.

I'd like to suggest that you read through the information included on the US2Canada website. It is designed to provide support for US citizen spousal/common-law applicants for Canadian permanent residence. It covers the eligibility information, visiting options for spouses and partners of Canadians, and an overview of the PR application process and the forms, exams and clearances required. Also, feel free to contact me directly for more information.

 

[Leon]

New Brunswick is one of the provinces with 3 month waiting time for health care but as I read on the news some time ago, they were going to change that for people who are moving from another country. Still, talk to their health care to make sure.

Also, when you apply for the child's citizenship certificate, ask for it to be expedited because you are moving to Canada very soon. Officially it can take about a year to get but some people in your situation have gotten them in as little as a month.

 

[YorkFactory]

If you are a Canadian citizen, so is your son. He does not need to be sponsored for permanent residence. He needs a citizenship certificate so that he can get a Canadian passport, but he can travel to Canada on his US passport - especially with proof that you are his biological father.

Minor caveat: if you were not born or naturalized in Canada (i.e., you are Canadian only because one or both of your parents are), and your son was not born or naturalized in Canada, he is not a Canadian citizen and would need to be sponsored.

 

[heatherusa]

Hello,

I am a Canadian citizen who has a 2 month old son with an American with whom I met while working in Korea. I am currently visiting them in the USA but we are looking to move to Canada together and acquire permanent residency for her (and citizenship for my son) under the 'common law' agreement. I am planning on going back to Canada on January 1st, and we would like her and my son to join me as soon as possible. I have a few questions if anyone would be able to help!

We have been living together in America since September after finishing my Korean contract. We want to move our family to New Brunswick so that we can be together, but would like to know the quickest way to do so. My partner, a teacher, is willing to work towards permanent residency and later citizenship so she can also teach. I will support them until she is able to work.

-Am I able to sponsor her as a 'Common Law' partner if we have have only been living together in the US since September?
- If yes, how do I go about this process and how long does it usually take for her to get approved to enter Canada as a PR?

- If no, what other options are available? We discussed the issue with the CIC over the phone, but he could not provide all of the answers. He stated that she would be able to come to Canada as a visitor for 6 months and renew that for another 6, but was unsure as to whether or not that would count towards our 1 year of living together as Common Law partners. Does anyone know this answer?

-If we are driving across the boarder, would we be able to bring a truckload of her goods to furnish our home?

- As for my son, what is the best option to get him PR and citizenship? would all that would be required is to apply for his citizenship certificate? how soon then would he be able to get Medicare?

I think thats all for now...any help is much appreciated!

Did you live together in Korea before you lived together in the US? If your started living together in another country then you may have met the 1 year requirement for common law