Having a new born baby outside canada
- Thread starter leem
- Start date
You will need at least ONE of the parents to return to Canada to live, and then sponsor the child for PR from there. To sponsor successfully, the returning parent must meet the Residency Obligation of 730 days inside Canada within the preceding 1085 days of the date that the application for sponsorship is submitted to CIC. The parent in Canada will have to follow the procedure in http://www.cic.gc.ca/english/information/applications/fc.aspleem said:
Your options and chances of successful sponsorship as per post by zardoz are determined by:
1. the date you landed,
2. if you meet the RO both at application date and during the processing timeline
3. if you will reside in Canada during processing to include proof when and if CIC decide to scrutinize this.
4. Added to this an option where you and/or the child will be visitor visa exempt nationals. This enables easier re-entry into Canada (no PR card required) for an inland sponsorship subject to 1,2,3 above. If not visitor visa exempt then there is the Temporary Resident Permit route which has its own complications because its dealing with the perceived or real inadmissibility of your child as a visitor though in reality they will be sponsored in country.
The consistent and solid advice is to deliver the baby in Canada if at all possible.
1. the date you landed,
2. if you meet the RO both at application date and during the processing timeline
3. if you will reside in Canada during processing to include proof when and if CIC decide to scrutinize this.
4. Added to this an option where you and/or the child will be visitor visa exempt nationals. This enables easier re-entry into Canada (no PR card required) for an inland sponsorship subject to 1,2,3 above. If not visitor visa exempt then there is the Temporary Resident Permit route which has its own complications because its dealing with the perceived or real inadmissibility of your child as a visitor though in reality they will be sponsored in country.
The consistent and solid advice is to deliver the baby in Canada if at all possible.
No, if the returning parent meets the residency obligation, he can sponsor the child right away but must continue to reside in Canada until the child is granted PR.Jabs2013 said:
Meeting the residency obligation is defined as having spent at least 730 days in Canada in the past 5 years if you have been a PR for 5 years or longer. If you have not yet been a PR for 5 years, it is based on still having time to spend 730 days in Canada before reaching your first 5 years.
If the returning parent does not meet the residency obligation but is able to enter Canada without attracting the attention of immigration, they should not apply to sponsor until they meet the residency requirements again which could mean that they have to stay for 730 days straight and only then apply to sponsor.
If the returning parents with PR havent stayed in Canada much, but still have PR card valid for more than two years. Can they take child born outside Canada on a Travel Document and apply for PR soon after landing in Canada? , or do they have to live for 730 days first before applying for childs PR?
The child will need a TRV or a TRP, not a Travel Document. They will have to apply for a visitor visa for the child. As long as they meet the Residency Obligation, they can apply to sponsor. The PR card expiry date is irrelevant.Canadababy said:
Hi,
I see great support on the child born outside canada.
I have similar issue...but seek more knowledge:
My and my wife's PR issued: October 5th 2010. Both are staying outside canada since then. Now I am planning to move back alone before Oct 5th 2014 so that I should have 730 days left to stay in Canada.
But, My wife can not leave for canada because I have Kid of 4 months now.
1. Which Visa should I apply for my Kid ?
2. As I will not be applying for my Kid's PR till 2016m Is my KID will be allowed to stay beyond 6 months with us in Canada ?
3. My wife will enter Canada with kid after my kid get a Visa, and then she will out of Canada for more than 3.5 years... out of 5 years.. Is she will have problem in entering Canada.
I am the principal applicant for PR and my wife got added as dependent.
Requrie your urgent assistance.
Thanks.
I see great support on the child born outside canada.
I have similar issue...but seek more knowledge:
My and my wife's PR issued: October 5th 2010. Both are staying outside canada since then. Now I am planning to move back alone before Oct 5th 2014 so that I should have 730 days left to stay in Canada.
But, My wife can not leave for canada because I have Kid of 4 months now.
1. Which Visa should I apply for my Kid ?
2. As I will not be applying for my Kid's PR till 2016m Is my KID will be allowed to stay beyond 6 months with us in Canada ?
3. My wife will enter Canada with kid after my kid get a Visa, and then she will out of Canada for more than 3.5 years... out of 5 years.. Is she will have problem in entering Canada.
I am the principal applicant for PR and my wife got added as dependent.
Requrie your urgent assistance.
Thanks.
If you got your PR in Oct. 2010 and it is now 2014, you will not be able to reach 730 days in Canada in your first 5 years anymore because you have already been outside more than 3 years. If you made a typo and meant to say that you got your PR in Oct. 2011, there is a big difference to having gotten it in 2010.adssaini said:
If you really got it in 2010, you do not meet the RO any more. If you want to keep your PR, you should return to Canada now or in Oct. and hope that you will not be reported on entry for not meeting the RO. If reported, you can appeal but based on your reasons for not meeting the RO, you may or may not have a chance to win the appeal. If you appeal, you are still a PR and allowed to stay in Canada until your appeal hearing which can take 1-2 years and in the meantime, you can renew your PR card for a year at a time. If you are not reported on entry, the best chance to keep your PR is to stay under the radar for the next 2 years, do not leave and do not try to sponsor your child until you meet the RO again.
1. If you really got it in 2011, you still have time to meet the RO. Apply for a TRV for your child. If refused, apply for a TRP which is basically a TRV with H&C grounds. You would state that it would be hardship on your family to be separated while you sponsor your child and therefore you must get this visa. Even if the child's application is delayed, make sure you return to Canada in time to meet the RO (before you reach 3 years outside).
2. You should sponsor your child immediately if you are still within the time limits for the RO. If you need more time than 6 months, apply to extend the visa of the child before it expires.
3. If your child gets a visa after your wife has reached more than 3 years outside, she could get lucky and enter Canada without any questions asked in which case, she stays for 2 years without leaving and only then applies to renew the PR card. If she is reported, she can appeal based on having to stay outside Canada with her non-PR child while waiting for a visa. If she loses the appeal, worst case, you can sponsor her again.
Thanks Leon .. appreciated....
You are right, it was typo... i got in 2011. If i enter before 5th oct 2014, then i will have 730 days left on my PR before it expires. In that case, can I apply for my child's sponsorship... or shall i wait for my 730 days to complete by Oct 2016 ?
Thanks.
You are right, it was typo... i got in 2011. If i enter before 5th oct 2014, then i will have 730 days left on my PR before it expires. In that case, can I apply for my child's sponsorship... or shall i wait for my 730 days to complete by Oct 2016 ?
Thanks.
It's not about when your PR card expires, it's about when you left Canada after you landed. You must have 730 days in your first 5 years from the day you landed. If you were outside Canada for more than 1094 days (3 years) you would not be able to make it.adssaini said:
If you are able to make 730 days before your 5 year PR anniversary, you can apply to sponsor your child as soon as you arrive.