change status from visitor to??? baby born in calgary premature

[civic14]

Hi to everybody.

I´m new here, I always enter this forum to read and now I need help

we are from venezuela. came here to calgary to visit and she was 6 months pregnant. she was fine in venezuela and when we came to calgary. 2 weeks later she start to have high blood pressure and the doctors recomend us to stay here and my baby born here in calgary premature and stay in the hospital for 25 days. I have a huge bill of 80.000 dolars.

this situation was unexpected and now my baby need medical care and sadly in venezuela we dont have some thing for the health of my baby.

because the more important is the baby we are thinking to stay here but we don´t know what to do.

we are visitor here I have visitor visa and my wife have italian passport (she don´t need visa to visit)

we can stay here to december.

a couple of question please:

1.- what we can do or what we can apply for stay here?

2.- we can apply for work permit or something else because we cannot stay a lot of time here without working and I need to start to make payment to the hospital.

3.- can we apply refugee? or because my wife have a italian passport they can tell us to go to europe?

or there is some option or something we can do?

thank´s for any help.

 

[scylla]

No - you don't qualify to apply as refugees.

You don't qualify for any status in Canada just by having a child in Canada. If you wish to stay in Canada, you will have to qualify on your own merits. If you want to convert your visitor status to a work permit, you'll first need to find an employer in Canada who is willing to give you a full time job offer, that employer will then have to obtain an approved LMIA, and then you'll then have to apply for a work permit. This process will likely take a minimum of three months - quite possibly a lot longer. It tends to be quite difficult to find an employer who is willing to hire a foreign worker due to the amount of paperwork involved and costs.

If you wish to remain in Canada permanently then you'll have to apply to immigrate (provided you quality to apply). Information about Canada's immigration programs can be found here:

http://www.cic.gc.ca/english/immigrate/apply.asp

Again, you gain no benefits from having a Canadian citizen baby and having this baby doesn't allow you to remain in Canada.

 

[civic14]

thank you so much for your fast answer.

so no refugee because my wife have the italian passport?

maybe refugee on humanitarian basis? because the best interest of the child?

yeah you are right. is complicated for somebody hiring me... I try to do that, send a lot of resume with no luck.

ok and do you think that if I go to a immigration lawyer or immigrant consultant they can help me? or only take my money without help?

there is another option or way to take to change my status here? maybe study or something else?

i´m a little desperate...

thank´s again.

 

[scylla]

To qualify under refugee status, you must prove your lives are in danger in your home country and you effectively have nowhere to go that's safe. Given your wife holds an Italian passport and can travel freely anywhere in the EU, I can't imagine how you're going to prove any of this. There is no such thing as refugee on humanitarian basis. There is a humanitarian and compassionate application process, but your case is very weak and unlikely to succeed. If you apply and fail, you'll be forced to leave and it will be next to impossible to return in the future.

Studying is a very expensive option and there's no guarantee the study permit will be approved. To be approved for a study permit, you'll need to first be accepted by a school in Canada (the earliest you'd be able to start your studies is in January) and you'll also need to show you have sufficient funds (you'll need to show a bank balance of at least $30K). You'll also have to prove you are a genuine student and have no plans on remaining in Canada long term. This may be difficult to prove given you're already in Canada.

I think your best bet is to try to find an employer in Canada (even though it's difficult). An immigration lawyer or consultant won't be able to give you an easy solution to your situation. All they will do is help you to explore your options. A good immigration lawyer will be expensive (several thousand dollars).

 

[civic14]

thank you so much again. I really appreciate your answer.

ok i will try to find work... wish me luck.

 

[mikeymyke]

Since you are a visitor, how can the Canadian government or hospital actually enforce these bills on you if you're just a visitor? Will they not let you leave the country until you've repaid the debt? Or will they inform the Italian authorities about it when you return? I don't know if you could possibly file for bankruptcy to dissolve this debt perhaps.

 

[civic14]

Since you are a visitor, how can the Canadian government or hospital actually enforce these bills on you if you're just a visitor? Will they not let you leave the country until you've repaid the debt? Or will they inform the Italian authorities about it when you return? I don't know if you could possibly file for bankruptcy to dissolve this debt perhaps.

good question...

well yesterday one lady from the hospital call me and i start to do small payment each month because she told me that if i cannot start to pay they can send my case to collection and to immigration and maybe they don´t let me enter the country again if I leave.

now i don´t know if I can file a bankruptcy

i think i can go to venezuela when i want, if they don´t leave me go to my country well they have to give me status to work or something because i don´t want to stay here illegal.

 

[scylla]

There's nothing stopping you from leaving Canada.

Again, the only way you are going to be able to work in the short term is with a work permit. To get a work permit you first need to find an employer who is willing to offer you a full time job and that employer must obtain an approved LMIA.

 

[ross lee]

Hello Civic14,

I'm sorry to hear about your baby's situation. If your Visitor Visa expires in December and your baby's health has improved, you could go to Italy and seek medical attention there (since your wife has italian citizenship).

Responding to your questions, Scylla has summarized it very well but let me add that:

for #1) in order to remain in Canada, soon you'll have to extend your Visitor visa. Your family composition has change so now you'll have to declare your baby. It is possible that you won't get the extension unless you have medical proof that your baby's treatment cannot be interrupted. Even if you get an extension, it will be for a few more months.

for #3) forget about refugee status, you have the option of going to Italy or returning home. Legitimate refugees face an immediate threat if returning to their home countries and typically do not have the option of going to a 2nd country that is safe.

Finally, sorry to be skeptical but your story does not add up. You just came as a Visitor when your wife is about to enter her 3rd trimester of pregnancy, and just because you have the baby you're now wanting to settle in Canada forever? leaving your home country's family, jobs, assets, etc.?
...also, you're worried about your medical bills but you're thinking about possibly studying in Canada and paying thousands of dollars in double-tuition?...all to extend your stay so you can pay back your bills, it does not make sense.

Again, I'm sorry for your situation but if I were you, I would wait until the baby's health improves and leave Canada and try to immigrate later doing it the proper way. Good luck!

 

[civic14]

Hello Civic14,

I'm sorry to hear about your baby's situation. If your Visitor Visa expires in December and your baby's health has improved, you could go to Italy and seek medical attention there (since your wife has italian citizenship).

Responding to your questions, Scylla has summarized it very well but let me add that:

for #1) in order to remain in Canada, soon you'll have to extend your Visitor visa. Your family composition has change so now you'll have to declare your baby. It is possible that you won't get the extension unless you have medical proof that your baby's treatment cannot be interrupted. Even if you get an extension, it will be for a few more months.

for #3) forget about refugee status, you have the option of going to Italy or returning home. Legitimate refugees face an immediate threat if returning to their home countries and typically do not have the option of going to a 2nd country that is safe.

Finally, sorry to be skeptical but your story does not add up. You just came as a Visitor when your wife is about to enter her 3rd trimester of pregnancy, and just because you have the baby you're now wanting to settle in Canada forever? leaving your home country's family, jobs, assets, etc.?
...also, you're worried about your medical bills but you're thinking about possibly studying in Canada and paying thousands of dollars in double-tuition?...all to extend your stay so you can pay back your bills, it does not make sense.

Again, I'm sorry for your situation but if I were you, I would wait until the baby's health improves and leave Canada and try to immigrate later doing it the proper way. Good luck!

thank´s for your reply, I understand what you mean but

the truth is we came here to visit a cousin and buy stuff for the baby (because we are from venezuela and we don´t have lot of choice like here in canada or the US) is common that venezuelan people travel outside of the country to buy stuff for baby or for anything.

unfortunately since 3 months to now in venezuela come out a outbreak (chikungunya) and we are scare to come back to venezuela with my baby since she is premature and delicate.

you can suspect that we came here to have the baby here but is not because she can have the italian citizenship and if we go to italy she will receive free medical care.

no body want to travel and get sick and have 80k bill in the head. and no body want to have a premature baby.

and I have proof of medical exam from venezuela that my wife was perfect before we travel.

I´m desperate and thats why i try to figure out what is the best way to stay here working or study because of my baby girl.

is not new that a lot of people want to came here to canada because is a great country and the people are the best.

 

[scylla]

We've already provided your options above. To study, you'll need to show a bank balance of at least $30K to be able to cover your first year tuition and living expenses (foreign student tuition rates are very high). Before you can apply for a study permit, you'll need to first be accepted by a school in Canada. To be approved for a study permit, you'll need to demonstrate that you are a genuine student and that you have enough money to pay for both your tuition and living expenses.

To work, you need to first find an employer.

 

[civic14]

We've already provided your options above. To study, you'll need to show a bank balance of at least $30K to be able to cover your first year tuition and living expenses (foreign student tuition rates are very high). Before you can apply for a study permit, you'll need to first be accepted by a school in Canada. To be approved for a study permit, you'll need to demonstrate that you are a genuine student and that you have enough money to pay for both your tuition and living expenses.

To work, you need to first find an employer.

thank you so much scylla.

yeah study is a lot of money so that is out the table.

i´m going to continue to find job.

thank you again.

 

[mikeymyke]

That really sucks about your situation. But you cannot get a job as a visitor

 

[torontob]

thank´s for your reply, I understand what you mean but

the truth is we came here to visit a cousin and buy stuff for the baby (because we are from venezuela and we don´t have lot of choice like here in canada or the US) is common that venezuelan people travel outside of the country to buy stuff for baby or for anything.

unfortunately since 3 months to now in venezuela come out a outbreak (chikungunya) and we are scare to come back to venezuela with my baby since she is premature and delicate.

you can suspect that we came here to have the baby here but is not because she can have the italian citizenship and if we go to italy she will receive free medical care.

no body want to travel and get sick and have 80k bill in the head. and no body want to have a premature baby.

and I have proof of medical exam from venezuela that my wife was perfect before we travel.

I´m desperate and thats why i try to figure out what is the best way to stay here working or study because of my baby girl.

is not new that a lot of people want to came here to canada because is a great country and the people are the best.

OHIP provides some out of country coverage in cases of emergency - doesn't the Italian medical coverage cover your emergency costs? Maybe you should ask them and see if you qualify.

 

[Jalex23]

thank´s for your reply, I understand what you mean but

the truth is we came here to visit a cousin and buy stuff for the baby (because we are from venezuela and we don´t have lot of choice like here in canada or the US) is common that venezuelan people travel outside of the country to buy stuff for baby or for anything.

unfortunately since 3 months to now in venezuela come out a outbreak (chikungunya) and we are scare to come back to venezuela with my baby since she is premature and delicate.

you can suspect that we came here to have the baby here but is not because she can have the italian citizenship and if we go to italy she will receive free medical care.

no body want to travel and get sick and have 80k bill in the head. and no body want to have a premature baby.

and I have proof of medical exam from venezuela that my wife was perfect before we travel.

I´m desperate and thats why i try to figure out what is the best way to stay here working or study because of my baby girl.

is not new that a lot of people want to came here to canada because is a great country and the people are the best.

I am also skeptical as RossLee. The honest thing to do would be to stay in Canada and LEAVE as soon as your baby is healthy enough to travel, but basically you are saying that you want to stay here for good. As you say "no body want to travel and get sick and have 80k bill in the head. and no body want to have a premature baby." and nobody wants to leave their country just because of a very terrible situation.

My advise would be that you stay here until your baby is healthy enough to travel and then leave the country for good (most likely to Italy). I sincerely don't believe that the hospital expects you to pay, as you are a visitor, the situation was exceptional and unexpected (they must have been well aware that you are from Venezuela and 80k are the savings of a lifetime). You should have no problem extending your visitor status as you should have in writing your baby's diagnosis which state she can't travel for the time being.

If the price to pay for your baby being healthy and with you is to be inadmissible to a country you didn't even had the intention to immigrate to (neither you have close family), then so be it.

Other options I have seen in emergency situations is that the parent leaves the country and goes back to where hew works. Then he sends money to their family until they can travel. This option might be better for you as the one in debt is you and you are the one who wants to work. Of course this has been done in situations quite different than yours. I understand that you want to be with your family but extraordinary situations need extraordinary sacrifices.


God bless your baby and your family.