Doubt about child birth after receivng immigration visa

[Libra]

Hi Sabuj,

Yes, you’re right - if you land in December without adding the baby to your application, you will never be able to sponsor the baby in the future.

All you need to do is to let CIC know about the addition to your family after the baby is being born in September. So, as you already know, you MUST return your visas and Confirmation of Permanent Residence forms to your consular office for cancellation of the visas only. It doesn't mean cancellation of the entire application.

You seem to have a misconception that you need to re-apply and go through the process all over again with the birth of the baby, and that is not the case. You have already been approved to land in Canada; and in your case, CIC will only be "postponing" your landing date to some other date after December 12, 2007, and after the baby would have completed all the medical requirements.

So, definitely, you will be landing in Canada as early as mid-2008 or even sooner. It all depends on how soon you can get your baby’s medical exam done.

The added wait time should not be a problem – your application has long been approved – and the baby’s positive medical exam would not change your status quo. You are fine.

Hi friends,

I want to have your help, though I have seen some almost similar cases. My wife and I got the Immigrant Visa valid till 20-12-2007. We were planning to land in Canada within this date and to return back since we have not been planning to go there right now permanently. My wife is pregnant now and the Estimated Date of Delivery (EDD) is 09-12-2007. We all will agree that we will not have sufficient time to get the baby's medical done and visa stamped before the expiry of our visa. In such a case, we have two options, so far we know; we can visit Canada within the visa period and my wife can deliver the baby in our country of residence after returning from Canada, OR we can cancel our visas now and re-apply once the baby is born.

So far we understand, if we visit now and the baby is born outside Canada, we will not be able to sponsor the baby ever. Is it correct? Kindly share with me what law says in detailed.

If we cancel our visa and re-apply once the baby is born, will it take usual processing time for all of us (three persons) or only for the baby's application as new?

Thanks for your usual cooperation and help.

Kind regards.
Sabuj

 

[psingh]

Hi Libra

Now I am little confused by your reply to Sabuj. What I assumed from your info on the posts that the parent can sponsor the child born outside canda by applying from within canada.
So after seeing reply to Sabuj....I wont be able to sponsor my child who is going to be born around 02-27-2008 in US and my canada PR visa expires in 02-02-2008.????? Am I right.

Or If I am not wrong I am going to canada for landing on sept 30th ...will be coming back after that and will myself move to canada after the child is born in FEB and will apply for the sponsorship from canada while the child is in US...IS THIS THE RIGHT PROCESS....

Please guide as soon as possible as I have just two weeks to finalize my landing trip....

Thanks
Singh

 

[Libra]

Hi Psingh,

Sabuj's baby's expected date of delivery is on September 12th, 2007 and their landing date is December 2007. He wrote his post on August 12th. Sabuj could risk traveling with his heavily pregnant wife and land anytime now, and then go back to their current residence, and they would still be able to sponsor their child if the child is born in another country other than Canada - as long as it is born outside of Canada after they have landed in Canada first.

Of course, we all know the child will be Canadian if born in Canada.

BUT, when a child's expected due date is so close (1 month), plus the stress that is associated with traveling arrangements, it will not be advisable for the wife to be travelling as babies have an uncanny way of announcing their arrival.

In Sabuj's situation, it would be best for them not to take the risk of the baby being born while they are in transit some place else, and not in Canada. Unless, if they want their baby to be born in Canada, they can always take the risk of traveling now.

So, the decision is yours to make - you have two optional scenarios:

OPTION 1

When you land in September of this year, would there be any additional member to your family? And, the answer to that is, "No." Your baby is due next year, and you have more time on your hands to land now with your wife and come back for your baby's birth.

A baby is only considered as an addition to the family when the baby is born, not when it is in the womb. So, by the time your baby is born in February 2007, you would have landed and become permanent residents of Canada for 5 months. And then, you should immediately sponsor your child.

If you go back and read my posts, I have always had a concern for the babies and their healthy and safe arrival. I have always stressed that if you have time - that is a 2008 landing date - and, the wife is pregnant with a due date in 2008, but you want your child to be born in the U.S., then you can always land now.

OPTION 2

Or, you can always choose this option, which I had mentioned to you in a much earlier post - alert your consular officer about your child's expected due date, and that it almost coincides with your landing date.

Return your visas now, well before the stipulated landing date - you don't need to wait until the baby is born for you to return your visas. Just let your consular officer know that you would rather wait for your new visas after the baby is born in February 2008.

And then wait for your new visas including that of the baby's, after you would have gone through the process of having all of the medicals done including your baby's. It all comes to the same thing - your baby will still be born in the U.S. and will then land with you and, your family's landing date will be much later in 2008.

So, with option 2, you don't have to go through the process of sponsoring your child, and you will have to land later on in the year of 2008 rather than in February - that's all.

These are your options - you decide.

Libra.

Hi Libra

Now I am little confused by your reply to Sabuj. What I assumed from your info on the posts that the parent can sponsor the child born outside canda by applying from within canada.
So after seeing reply to Sabuj....I wont be able to sponsor my child who is going to be born around 02-27-2008 in US and my canada PR visa expires in 02-02-2008.????? Am I right.

Or If I am not wrong I am going to canada for landing on sept 30th ...will be coming back after that and will myself move to canada after the child is born in FEB and will apply for the sponsorship from canada while the child is in US...IS THIS THE RIGHT PROCESS....

Please guide as soon as possible as I have just two weeks to finalize my landing trip....

Thanks
Singh

 

[sabuj]

Thanks Libra for your reply,

In fact the dates are interpreted wrongly (maybe I mentioned wrongly). Our visas are valid till 20th December, 2007 (I mentioned 20-12-2007) and the estimated delivery date (EDD) is 9th December, 2007 (I mentioned 09-12-2007).

I wrote to Canadian High Commission, London (Visa issuing office) and they replied to me that if we are not able to land within the visa period and before delivery of the baby, we must surrender our visas along with the PR papers for cancellation; once the baby is born, to apply for the baby with birth certificate, photographs, etc. with fees for processing baby's case plus our visa re-issuance. The High Commission will issue medical papers for "whole family" (not only the baby) since medical result and visa are valid for one year. They also mentioned that Re-issuance of our visa (my wife's and mine) is subject to satisfactory medical results. This opinion given by the High Commission is conflicting with your opinion given to psingh that "the birth of a child will not take the visa away from you - no, not at all". According to High Commission, it is not guaranteed.

My questions to you Libra are:

(1) If we travel before the delivery and my wife delivers after returning from Canada, will we have to stay permanently in Canada to sponsor the baby? I have seen some advices given by an ex visa officer that to sponsor a child born outside Canada, the parent(s) should stay in Canada permanently. They need to attach real address, bank account number, etc with the application and processing of file will take almost a month and issuance of visa will take almost eight months. If so, will we need to stay in Canada this whole period (1+8 months) permanently or after submission of the application, can we come back?

I thank you for your valued opinion and proper guidance.

Kind regards.
Sabuj

 

[Libra]

In the U.S., dates precede the month, then the year - there was no mention of your country of residence in your initial post.

"the birth of a child will not take the visa away from you - no, not at all" - Everybody wishes a new born baby to pass the medical exam - I haven't heard of folks not being able to immigrate (i.e. not being re-issued the visas) because the child didn't pass the medicals. Maybe the High Commission could have given some statistics of such situations to give you a rough idea of this being a non-guarantee since they've been re-issuing visas all the time after babies have been born. What could a baby possibly have that would bring down the Canadian health system?

Canadian citizens have the luxury of sponsoring family members while they are out of Canada, but are required to be in Canada at the time period when the family member lands. Permanent residents do not have this luxury - they must be physically present in Canada when they sponsor their family members until the process is over.

You might want to consider this if it is necessary that one of you has to return to London: Since you are a husband and wife, after the child has been born out of Canada, one of you could return to Canada to continue residency until the process of sponsoring the baby is over.

So, as a PR, facing the limitation of a residency obligation, it will be better for you to sponsor your child from within Canada than out of Canada. This will be your best bet.

Thanks Libra for your reply,

In fact the dates are interpreted wrongly (maybe I mentioned wrongly). Our visas are valid till 20th December, 2007 (I mentioned 20-12-2007) and the estimated delivery date (EDD) is 9th December, 2007 (I mentioned 09-12-2007).

I wrote to Canadian High Commission, London (Visa issuing office) and they replied to me that if we are not able to land within the visa period and before delivery of the baby, we must surrender our visas along with the PR papers for cancellation; once the baby is born, to apply for the baby with birth certificate, photographs, etc. with fees for processing baby's case plus our visa re-issuance. The High Commission will issue medical papers for "whole family" (not only the baby) since medical result and visa are valid for one year. They also mentioned that Re-issuance of our visa (my wife's and mine) is subject to satisfactory medical results. This opinion given by the High Commission is conflicting with your opinion given to psingh that "the birth of a child will not take the visa away from you - no, not at all". According to High Commission, it is not guaranteed.

My questions to you Libra are:

(1) If we travel before the delivery and my wife delivers after returning from Canada, will we have to stay permanently in Canada to sponsor the baby? I have seen some advices given by an ex visa officer that to sponsor a child born outside Canada, the parent(s) should stay in Canada permanently. They need to attach real address, bank account number, etc with the application and processing of file will take almost a month and issuance of visa will take almost eight months. If so, will we need to stay in Canada this whole period (1+8 months) permanently or after submission of the application, can we come back?

I thank you for your valued opinion and proper guidance.

Kind regards.
Sabuj

 

[psingh]

Hi Libra

Your replies are really in detail and the best....but you know my situation...I usually get confused reading all the posts...So looking at the two options....

Option 1....with landing now....In that case I will need to sponsor the child from within canada ..i.e. after getting my PR I will have to physically move to canada my self and apply for sponsorship...???

Option 2... returning the visas and landing papers. When I received the visa request letter from canada immig. they had mentioned that if I have any addition to the family I should tell them at that time before applying for visa otherwsie I will have to go through the immigration process again and apply with a new application.

I am pretty much willing to take the option 2 but my only confusion is will the immg officer consider of extending my visa or giving a new one or he will completely stop my application and tell me to reapply. So if you know about some case where the immigration allows an extension please let me know....

I really appreciate your time and help during all these posts.

Thanks

singh

 

[Libra]

Hi Psingh,

Hi Libra

Your replies are really in detail and the best....but you know my situation...I usually get confused reading all the posts...So looking at the two options....

Option 1....with landing now....In that case I will need to sponsor the child from within canada ..i.e. after getting my PR I will have to physically move to canada my self and apply for sponsorship...???

I believe that I had mentioned to you ("personally," well before I posted the last post this morning) that you can always consider this if it is necessary for one of you to stay in the U.S. because of H1-B obligations, and that is:

One of you should reside in Canada for a while after the child has been born out of Canada. This way, with one of you residing in Canada during the Child’s sponsorship application, the process might go faster since one of the child's parents is present in Canada.

Option 2... returning the visas and landing papers. When I received the visa request letter from canada immig. they had mentioned that if I have any addition to the family I should tell them at that time before applying for visa otherwsie I will have to go through the immigration process again and apply with a new application.

I am pretty much willing to take the option 2 but my only confusion is will the immg officer consider of extending my visa or giving a new one or he will completely stop my application and tell me to reapply. So if you know about some case where the immigration allows an extension please let me know....

The baby has to pass the medical exam, and off the top of my head, I cannot think of an illness that will not let a baby pass the medicals in such a way as to bring down the Canadian health system.

I have even heard of adults failing medicals because of having curable TB, but CIC gave them enough time to take the necessary treatment, and after they did, they went through the medical process again and passed, and are in Canada. It took them longer though.

So, the whole family passing the medicals is all there is that I know of when you return those visas. And, they will issue your family new visas, but with a much later landing date of course. So far, this is what I know that has been going on.

Therefore, when you return those visas, it does not mean that you have to start the process all over again, like filling in a new application, sending in diplomas, letters of references, etc. Unless, if you have recently developed an incurable disease - and, I do not wish that on anyone.

Even if something comes up with the medical exams, I believe if it is something curable, you will be given time for treatment, and then you will have to redo the exams to pass them after treatment. You just have to pass the medicals again as well as the new born baby, and then CIC will re-issue your family new visas

You might want to call Buffalo, or your consular office to see what it all entails.

I really appreciate your time and help during all these posts.

Thanks

singh

 

[sabuj]

Thank you very much Libra for your valued opinion.
In my last post I wanted to mean that "Re-issuance" of our visa (my wife's and mine) was subject to satisfactory medical results, as per High Commission; I did not mean anything about the baby's medical exam. That was why I quoted your opinion while it seemed from the reply of High Commission that Re-issuance of visa was not guaranteed. I understand now from your reply that there will not be a problem in baby's visa even (god forbid) the medical results are not satisfactory. Correct me, if I am wrong.

Thank you in advance for your opinion.

Kind regards.
Sabuj

 

[Libra]

Hi Sabuj,

I believe that your baby's medical exam will be fine - I always wish the best for others. All the High Commission is doing is providing applicants with the worst case scenario, which is okay, I mean to let applicants know about the odds as well. And then, it is up to you to make the decision.

Now, you and your wife passed the medical exams before. It is likely that you will pass it again. Even if you have developed hypertension, low blood pressure, and all the usual stress-related illnesses, you will still pass the exam.

Just pray that your wife has a very safe and incidence-free delivery. Other than that, unless either of you develop a chronic medical condition, you and your wife plus the baby should pass the medical exam.

Like I said in an above post to Psingh - you have 2 options. Both options have pros and cons including worst case scenarios. You just have to weigh it all in as a family, and decide which one you prefer - look at the risks; look at what advantages they have for the family as a whole - you now know them - so, you decide.

I know it is tough, but I can't say which option is best. What is best, is what is best for you as a family depending on your situation.

Libra.

Thank you very much Libra for your valued opinion.
In my last post I wanted to mean that "Re-issuance" of our visa (my wife's and mine) was subject to satisfactory medical results, as per High Commission; I did not mean anything about the baby's medical exam. That was why I quoted your opinion while it seemed from the reply of High Commission that Re-issuance of visa was not guaranteed. I understand now from your reply that there will not be a problem in baby's visa even (god forbid) the medical results are not satisfactory. Correct me, if I am wrong.

Thank you in advance for your opinion.

Kind regards.
Sabuj

 

[sabuj]

Thank you very much Libra.

The info you provided are very important; you have become a trusted friend and I will come back to you in any case - good or bad. Most probably we will surrender our visas. We also hope that there will be no problem in getting the visas re-issued for us and to get the visa for the baby. Thanks once again for everything you have done so far.

Kind regards.

 

[psingh]

Thanks libra for your as usual detailed reply.....

Sabuj how did your contact the immigration office in london....email or is it better to drop in a letter...Actually I m in NY USA...so need to find the best way to move the process fast....If you emailed them...can you post a copy of the email which i can use...as I am travelling in the same boat as you are....

Thanks

Have a Nice Weekend...

 

[Libra]

The London office would have their own different email address /system.

If you would like to email the Buffalo office, here is their general email address.

Make sure you include your file number in the Subject area.

buffalo-im-enquiry@international.gc.ca

For other contact information about Buffalo office, please check this other link:

http://geo.international.gc.ca/can-am/buffalo/rightnav/contact_information-en.asp

It's now up to Sabuj to let you know whether he sent the London High Commission an email or whether he wrote a letter addressed to the physical office location.

Thanks libra for your as usual detailed reply.....

Sabuj how did your contact the immigration office in london....email or is it better to drop in a letter...Actually I m in NY USA...so need to find the best way to move the process fast....If you emailed them...can you post a copy of the email which i can use...as I am travelling in the same boat as you are....

Thanks

Have a Nice Weekend...

 

[Libra]

I updated my last post with another link for any other contact information on Buffalo office, which also has specific instructions on what to do and what not to do when sending them an email especially with regard to attachments, and other stuff, etc.

 

[psingh]

Actually I had originally applied to the Buffalo office....but later they sent me a letter saying that all my docs are moved to NYC office for faster processing....so I think it is better to check with the NYC office....

Which post you are mentioning in your last reply...is it the second last post by you in the same thread?

Thanks

 

[Libra]

Actually I had originally applied to the Buffalo office....but later they sent me a letter saying that all my docs are moved to NYC office for faster processing....so I think it is better to check with the NYC office....

Which post you are mentioning in your last reply...is it the second last post by you in the same thread?

Thanks

It was the post with the email link and website link, but you don't need that if your file was transfered to NYC.

The link to all of the NY office contact information is:
http://geo.international.gc.ca/can-am/new_york/rightnav/general_info-en.asp

For Email Inquiry Instructions, go further down on the page and click on "Click here."

It will take you to a page of instructions with regard to sending them an email.

Among the instructions, pay attention to "Information You Must Provide in Your Email Inquiry."

Then after reading all pertinent instructions, their actual email link is at the bottom of the page and it is:
newyork-im-enquiry@international.gc.ca

If you wish to send them an email, feel free to do so - try to send one email initially about what you want and wait until you get a response from them before sending any other email, if need be.