Confused on common law application

[tina19]

Hi everyone. My partner and I are applying in January of next year for the common law application. I'm a Canadian citizen and my partner is British. I'm living in Scotland on a temporary work visa until November 2016 but we want to move to Canada. I am currently pregnant and my due date is sometime in May. We have lots of time, but were deciding whether to have this baby in Canada or in Scotland. If my baby is born in Canada how would I continue with the application, same if its born in Scotland?

Do I have to send a birth certificate in both cases? Do I include my child on the application in both cases? I heard that if its born in Canada it doesn't have to be mentioned in the application? Do i need a certain amount of money now that a child is involved? Sorry for the stupid questions, were just wondering in the sense of applying for the visa which is the best route to go. Were not bothered if the baby is born here or there. Thank you

 

[andrew-brit]

Hello tina19,

Were you born in Canada or have you become a naturalized Canadian citizen? Lets assume yes to either for the sake of this answer.

Sending in the application from Canada or Scotland/UK will not require different proof or forms. You will still need to list your child(ren) on form IMM5406 but as they are Canadian you do not need to apply for permanent residency for them.

The guide explains what you need to enter in relation to each form. For example the guide for form IMM 5406 states

Write the personal details for your children. It is very important that you list all of your children (even if they are already permanent residents or citizens of Canada

There may be other forms which ask for info on your children too.

No proof of funds is required for your situation.

If you both choose to be in Canada when you apply and for your partner to stay in Canada while you wait (especially because you will give birth in May) then your partner can come to Canada. Make sure your partner has a return ticket back to the UK dated within 6 months from when you arrive. You do not need to use the ticket but it will relax any concerns the immigration officer has. Also make sure you are aware that your partner cannot work while they are just a visitor.

You will most likely be allowed to stay for 6 months, when your partner has about a month to go they can apply for an extension to their visitor status and by then you will have your PR application in, so when you apply for the extension be sure to include info showing that you are waiting for PR to come through.

If you have any other questions let us know!

Off topic I am from Scotland, living in Canada while I wait for my PR visa via spousal sponsorship. No baby though, just a cat!

 

[tina19]

Yes I was born in Canada. Thank you so much, ive been confused and this really helped a lot. If my child is born in Scotland, and when I sponsor my partner will my child also be included for PR? My child will only be months old and cant do a medical exam. Aww, I've also got a dog lol

 

[andrew-brit]

No, as you are Canadian (see here for a basic FAQ to see if your child is Canadian) then you do not include them in your PR application. This means that in the form "Generic Application Form for Canada (IMM 0008)" when it asks how many people are in the application, you only enter 1, as there is only 1 person who is applying for PR.

You will still be pregnant when you apply so on the Family Information form IMM 5406 you will not have anything to write down, but in your relationship letter/proof of relationship you can mention that you are pregnant, due in May etc. And then once baby Tina/or baby Tim is here you can send your visa office a note saying the baby is here, perhaps a copy of the birth certificate as it will have both of you listed as parents.

Where in Scotland are you and where will you live in Canada?

 

[tina19]

You are honestly a life saver. Thank you so much. I understand it fully now. I was so overwhelmed with everything but its clear now. One less thing to worry about. Thank you

I'm living in Dundee and back home I live in Ontario, near Toronto. What about you?

 

[andrew-brit]

No worries Tina!

In my signature there is a link to a spreadsheet which I help maintain. In it we track applications which go through London. Check it out, you will see the average processing times and stuff like that. Once you post your application let us know and we can add your info to it. The more info we have the better tool it becomes.

I moved over here from Aberdeen, but I grew up in Laurencekirk which is 34 miles north of Dundee, we have friends in Wormit!

I live in Calgary, Alberta!

 

[tina19]

Thank you, I'll take a look at it and will do . That's great, my boyfriend works in Aberdeen so I know that place. Never been to Calgary but we want to travel there one day

 

[taffy7]

Andrew has answered all your questions but if you decide to give Birth to the baby in Ontario you have to be here 3 months before to activate your heath card ..

 

[tina19]

What do you mean activate it? I have a note on my health card saying I'm out the country for two years