Canadian man married to a pregnant non-Canadian wife

[tinto2012]

Hi,

I am asking this for a friend. My friend is a Canadian citizen that is married to a non-Canadian abroad. His wife has been to Canada before on a tourist visa. He has been working outside Canada and got an excellent job offer back in Canada. His wife is pregnant now and he wants to move back, bring her along to deliver their baby. He would sponsor her to immigrate, but is not sure how to get her to Canada on time for baby delivery. He is afraid if they start a sponsorship process now, they will not be able to get his wife in time to deliver the baby in Canada as the process takes at least 6months (9 according to the official web site)!

1. Are there any past experiences with immigration regarding pregnant 'spouse' applications?! What are the consequences in respect to 'speed' of application processing? Is it faster/prioritized process; no change; or perhaps it 'complicates' the application process?
2. Is it a good idea to ask for another tourist visa, deliver the baby, and then start the spousal sponsorship process for his wife from Canada?
3. s there any other solution for them to be together in Canada on time for delivery?
4. What status will their baby have in Canada? Will the baby have Canadian citizenship right away or not?
5. What kind of post-natal healthcare his baby has, if born in canada (he is Canadian citizen and will have health coverage)?
6. Would any of the healthcare costs be covered by the provincial healthcare plan for his pregnant wife, since he is a Canadian citizen and resident? if not, what would be the expected costs?
7. If baby is born abroad, what is the process to bring his non-Canadian wife and the baby back? Would his baby be a Canadian citizen, just by him being a Canadian citizen?

Thanks!
Margarito

 

[steaky]

Since your friend's wife is pregnant and cannot undergo any medical examination for immigration, I think it's a good idea to ask for another tourist visa, deliver the baby and spousal sponsorship process for his wife in Canada.

The baby should have Canadian citizenship right away if born in Canada.

Hope someone else will explain further about the post-natal health care and costs in Canada.

 

[suenim]

Hi,

I am asking this for a friend. My friend is a Canadian citizen that is married to a non-Canadian abroad. His wife has been to Canada before on a tourist visa. He has been working outside Canada and got an excellent job offer back in Canada. His wife is pregnant now and he wants to move back, bring her along to deliver their baby. He would sponsor her to immigrate, but is not sure how to get her to Canada on time for baby delivery. He is afraid if they start a sponsorship process now, they will not be able to get his wife in time to deliver the baby in Canada as the process takes at least 6months (9 according to the official web site)!

1. Are there any past experiences with immigration regarding pregnant 'spouse' applications?! What are the consequences in respect to 'speed' of application processing? Is it faster/prioritized process; no change; or perhaps it 'complicates' the application process?
---Being pregnant does not speed up the process. In fact, it may slow it down since the wife most likely won't be able to do the x-ray until after delivery. Some people try to/or get i done anyways while pregnant but that's up to them and the doctor.

2. Is it a good idea to ask for another tourist visa, deliver the baby, and then start the spousal sponsorship process for his wife from Canada?
---They can try for another tourist visa. A lot of times they get refused when they see the applicant is married to a Canadian since most likely the stay won't be temporary.


3. s there any other solution for them to be together in Canada on time for delivery?
---She can always try for the TRV. It doesn't hurt. Other than PR, the options are few.

4. What status will their baby have in Canada? Will the baby have Canadian citizenship right away or not?
---The baby would be a citizen.

5. What kind of post-natal healthcare his baby has, if born in canada (he is Canadian citizen and will have health coverage)?
----If the baby is born in Canada then it will have health care coverage right away.

6. Would any of the healthcare costs be covered by the provincial healthcare plan for his pregnant wife, since he is a Canadian citizen and resident? if not, what would be the expected costs?
---No. The prenatal care and delivery would be paid out of pocket. Being married to a Canadian does not automatically confer provincial coverage. I have seen where some people in Alberta received provincial coverage before PR is granted though so if they are from/going to Alberta they can look more into that. A non-resident with no provincial care can look to pay $5000-$10000 (or more) for a hospital delivery. Midwives are cheaper.


7. If baby is born abroad, what is the process to bring his non-Canadian wife and the baby back? Would his baby be a Canadian citizen, just by him being a Canadian citizen?
---This I will leave for more people who have experience/info to answer that.

Thanks!
Margarito

 

[canadianwoman]

1. Are there any past experiences with immigration regarding pregnant 'spouse' applications?! What are the consequences in respect to 'speed' of application processing? Is it faster/prioritized process; no change; or perhaps it 'complicates' the application process?

They will not speed up the processing just because the applicant is pregnant. Being pregnant will delay the process, because the applicant can't get the x-rays needed for the medical.

2. Is it a good idea to ask for another tourist visa, deliver the baby, and then start the spousal sponsorship process for his wife from Canada?

If they really want the baby born in Canada, that is their only option.

4. What status will their baby have in Canada? Will the baby have Canadian citizenship right away or not?

If a child is born in Canada, it is a Canadian citizen.

5. What kind of post-natal healthcare his baby has, if born in canada (he is Canadian citizen and will have health coverage)?

He'll have regular health coverage.

6. Would any of the healthcare costs be covered by the provincial healthcare plan for his pregnant wife, since he is a Canadian citizen and resident? if not, what would be the expected costs?

None of her health care will be covered. It could cost around 10,000 dollars, or far more if there are complications.

7. If baby is born abroad, what is the process to bring his non-Canadian wife and the baby back? Would his baby be a Canadian citizen, just by him being a Canadian citizen?

Probably. Here is a link that explains who is a citizen:
http://www.cic.gc.ca/english/citizenship/rules-citizenship.asp

 

[tinto2012]

Thank you!

It seems applying for immigration is out of question since she is pregnant and mandatory x-ray exam is not recommended for pregnant women.

If baby is born outside of Canada, what is the process for getting baby and mother to Canada? Is baby automatically granted Canadian citizenship?

Thanks!
mf

 

[PMM]

Hi

Thank you!

It seems applying for immigration is out of question since she is pregnant and mandatory x-ray exam is not recommended for pregnant women.

If baby is born outside of Canada, what is the process for getting baby and mother to Canada? Is baby automatically granted Canadian citizenship?

Thanks!
mf

1. You can sponsor the wife now but not do the medical x-ray. Include a note that the x-ray will be performed after the mother delivers. It will speed up the application rather than waiting for the birth.
2. Once the baby is born, you apply for proof of citizenship and then at the same time you can apply for a limited validity passport at the overseas office as well. Read the following Operational Bulletin.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob154.asp

 

[Grumpy]

Looking for clarity on this matter -

I am a Canadian born abroad and have only this week learned that the birth of my child abroad, would not entitle them to Canadian Citizenship. besides feeling that this is unjust, i'm now trying to see what i can do about it.

I am from Quebec and have never unnecessarily burdened the social system in Quebec or Canada. What I do want is to have my heritage protected so that my child knows that it can call Quebec home.

As i understand it, the way to fix this issue is to have my child born in Canada. Incredibly disruptive as my Indian national wife is now in her 19th of pregnancy.

if we were to entertain returning to Canada for say a 3month stint to have the child, does anyone know, after having left Quebec 14yrs ago, if I can reactivate my medicare card and have coverage for the birth of my child? As i understand it, my wife would not have coverage as she's a foreigner. My child would have coverage as a Canadian upon birth.

anyone able to point me to the appropriate channels with whom i might clarify this?

many thanks

 

[PMM]

HI

Looking for clarity on this matter -

I am a Canadian born abroad and have only this week learned that the birth of my child abroad, would not entitle them to Canadian Citizenship. besides feeling that this is unjust, i'm now trying to see what i can do about it.

I am from Quebec and have never unnecessarily burdened the social system in Quebec or Canada. What I do want is to have my heritage protected so that my child knows that it can call Quebec home.

As i understand it, the way to fix this issue is to have my child born in Canada. Incredibly disruptive as my Indian national wife is now in her 19th of pregnancy.

if we were to entertain returning to Canada for say a 3month stint to have the child, does anyone know, after having left Quebec 14yrs ago, if I can reactivate my medicare card and have coverage for the birth of my child? As i understand it, my wife would not have coverage as she's a foreigner. My child would have coverage as a Canadian upon birth.

anyone able to point me to the appropriate channels with whom i might clarify this?

many thanks

1.. No, you would have the 3 month waiting period before being eligible for medical services, as your wife would be the one giving birth, unless she has status, i.e. Permanent residence or citizenship, she would not be eligible. Even with status, she would still have a 3 month waiting period for coverage.
2. The reason for the change in the Citizenship Act was the passing down of citizenship through generations born abroad, who had no connection to Canada and had never been in Canada.

 

[chelley]

you are correct, as a foreign born canadian, your child must be born in canada to have canadian citizenship by birthright... i guess this process was enstated to keep people from claiming citizenship who have their family roots outside of Canada...

since your wife would be having the baby and not you, there wouldn't be any coverage for the delivery even you came and had your health coverage reinstated after the 3 month waiting period (unless you were somehow able to successfully sponsor her as a perm resident before arriving and complete the 3 month wait before the baby is born)... the child, after birth, should be covered as a Canadian citizen, however the deliver itself would need to be paid for out of pocket...

these might help some?

http://www.ramq.gouv.qc.ca/en/citoyens/assurancemaladie/arriver/arriver.shtml

http://www.etatcivil.gouv.qc.ca/en/birth.html


They may also hassle you if you have not waited out that 3months to gain your health coverage as they say they will request a parent's health card in the first year/until the child recieves his/her physical card

http://www.ramq.gouv.qc.ca/en/citoyens/assurancemaladie/parents/parents.shtml

 

[Grumpy]

@PMM
qte 2. The reason for the change in the Citizenship Act was the passing down of citizenship through generations born abroad, who had no connection to Canada and had never been in Canada. unqte

I agree entirely. i meet people where i live who are know little about Canada yet have citizenship. This is why i'm having trouble digesting the fact that it's so black and white. I grew up Canadian, attended school in Canada, graduated in Canada, worked and paid taxed in Canada, wouldn't that count for something? If i'm not Canadian, then i don't know what i am. And if am Canadian, then i would expect my child to be one as well.

This is an emotive argument but still I am waiting for the consulate to come back to me and confirm what it appears I already know.

Cheers -

 

[Leon]

I agree entirely. i meet people where i live who are know little about Canada yet have citizenship. This is why i'm having trouble digesting the fact that it's so black and white. I grew up Canadian, attended school in Canada, graduated in Canada, worked and paid taxed in Canada, wouldn't that count for something? If i'm not Canadian, then i don't know what i am. And if am Canadian, then i would expect my child to be one as well.

The law is very black and white, that is true. In a way it is flawed. A person who was born in Canada, regardless of the status of the parents who may have been tourists or illegals for all you know, is a first class Canadian according to the law. Even if this person left with their parents at a couple of weeks old and never returned to Canada, speaks neither English nor French, they can still pass Canadian citizenship on to their children. Same with naturalized citizens. If a person immigrated to Canada, stayed for exactly 3 years, applied for citizenship and got it, they can pass on citizenship. Same with a child who gained PR and citizenship through a parent and left Canada after this, they can also pass on citizenship to their children.

And here you are, with Canadian parents and no other citizenship but because you were not born in Canada, you are seen as 2nd class according to this law. It is not fair. Children have even ended up stateless because of this law.

What I think they should be doing is looking at it case by case. A person who has no other citizenship must be a first class Canadian. After all, what else could they be? And why not take into account if and how long you have lived in Canada? I believe the US does that.

However, those kind of rules would not be simple and would require a lot more work for immigration. They would have to verify that you actually lived in Canada when you say you did or that you don't have other citizenships when you say you don't. So I think the law is flawed because immigration is strapped for resources. It is not fair but what can you do?

That said, your last remark I quoted about your child becoming Canadian because you are, that is not necessarily true. If you have chosen to live in India and are planning to live in India forever, your child will most likely be and feel Indian and will always feel like a guest in Canada. If you do want to live in Canada in the future, you still have the option of sponsoring your wife and child for PR and if you do, you can apply for citizenship for your child which will then make it a naturalized citizen and a first class Canadian according to the law and your child would be able to pass on citizenship to his or her children.

 

[Grumpy]

Tks Leon -

This could go on until the cows come home. I agree with your comments and in your context, equally agree with your comments of my last point. But i am suggesting that this is the whole reason I am even concerned about the access to citizenship - i want my child to identify with Canada, if not today, then tomorrow- as their home.

I know i'm not alone, just yesterday I spoke with a Kiwi who didn't have any right to pass nationality onto her child as the child was born abroad. In her case, the laws are even more restrictive as she was born in NZ to NZ parents.

What is further frustrating is that my father decided to flee his home country to Canada just after the war. He held Canada in such high esteem and insisted that his children become Canadian - I had an option to opt for the citizenship of my country of birth although I always retained my Canadian citizenship. Had I selected the other, I would not be in this predicament.

Thanks again for the info - i will now focus on either birthing the child in Canada or focus on bringing the child to Canada with my wife and applying for them to become Canadians.

 

[Grumpy]

@ Chelley, Merci!