Help, I Think I'm Screwed

[civic]

Just a reminder: your wife may need your written consent to cross the border with the children in both countries. Do a google search on that. In the letter you should say you authorize your wife to take the kids to Canada for a short visit. The letter should be accompanied by their American birth certificate and passports.

Children cannot travel internationally with one parent without consent from the other.

 

[screech339]

Just a reminder: your wife may need your written consent to cross the border with the children in both countries. Do a google search on that. In the letter you should say you authorize your wife to take the kids to Canada for a short visit. The letter should be accompanied by their American birth certificate and passports.

Children cannot travel internationally with one parent without consent from the other.

Canada seems to be the only country that really enforced the rule. US doesn't care. I had 2 kids in US and both parents are not American. I had parental consent made up and when my wife left US by herself with 2 kids, none of the authorities at the airport had asked for proof of consent to leave US alone with 2 kids. Remember a foreign national taking 2 American kids out of US to a foreign country and not one person blink an eye or questioned my wife.

 

[civic]

Canada seems to be the only country that really enforced the rule. US doesn't care. I had 2 kids in US and both parents are not American. I had parental consent made up and when my wife left US by herself with 2 kids, none of the authorities at the airport had asked for proof of consent to leave US alone with 2 kids. Remember a foreign national taking 2 American kids out of US to a foreign country and not one person blink an eye or questioned my wife.

Rather be safe than sorry. It is a rule that exists.

 

[sunshinemrc]

I did investigate, but not enough obviously. My employer in Canada also looked into it and we both came up with thinking it's perfectly fine for us to move to Canada and then apply for PR.

My wife doesn't need to work for a few more years. Stay at home mom until the kids get older.

Get your kids' citizenship resolved ASAP, as without it they won't have health coverage in Canada.
Also as you are moving all your belongings you have to fill out some forms for that. I think they are called B4 forms and can be found on the CBSA website.

Good luck with the move.

 

[Jonoscc]

Get your kids' citizenship resolved ASAP, as without it they won't have health coverage in Canada.
Also as you are moving all your belongings you have to fill out some forms for that. I think they are called B4 forms and can be found on the CBSA website.

Good luck with the move.

Wait this is a deal breaker for me. Isn't there a difference between being residing in Canada and being an official permanent resident? I thought for BC Medical coverage we just need to live there for 3 months with a BC address? Is this not true?

 

[MofC2014]

Wait this is a deal breaker for me. Isn't there a difference between being residing in Canada and being an official permanent resident? I thought for BC Medical coverage we just need to live there for 3 months with a BC address? Is this not true?

I do not think you will be sponsoring your kids as they will more likely be citizens once you apply for their citizenship, so most likely you will need to wait until this process is completed before your kids will have coverage. From the time they enter Canada as US citizens they will be here on visitor status, so even if they live in BC for 6 months this will not give them access to public medical care.

Im in Ontario right now, so here your kids will not be covered at all until they are either PR's or Citizens.

 

[scylla]

Wait this is a deal breaker for me. Isn't there a difference between being residing in Canada and being an official permanent resident? I thought for BC Medical coverage we just need to live there for 3 months with a BC address? Is this not true?

Tourists and visitors are excluded per the following link:

http://www.health.gov.bc.ca/msp/infoben/eligible.html#who

Agreed that you need to get citizenship recognized for your children as soon as possible for them to qualify. For your wife, I believe she will qualify once you have submitted the PR application and it has been accepted.

Here are the relevant bits from the site above (see parts I've bolded):

To qualify for MSP coverage, an individual must be a resident of British Columbia. A resident is a person who:

is a citizen of Canada or is lawfully admitted to Canada for permanent residence,
makes his or her home in B.C., and
is physically present in B.C. for
at least six months in a calendar year, or
a shorter prescribed period*,

and includes a person who is deemed under the regulations to be a resident but does not include a tourist or visitor to British Columbia.

*Note: Effective January 1, 2013, eligible B.C. residents (citizens of Canada or persons who are lawfully admitted to Canada for permanent residence) who are outside B.C. for vacation purposes only, are allowed a total absence of up to seven months in a calendar year.

Certain other individuals, such as some holders of study and/or work permits, or working permits on working holiday programs — which are issued under the federal Immigration and Refugee Protection Act and are valid for a period of six or more months — may be deemed residents. Tourists or visitors to B.C. do not qualify.

A spouse or a child of an eligible B.C. resident may also be deemed a resident provided that an application for permanent residence status has been accepted for processing by Citizenship and Immigration Canada (CIC), and the application remains active. For more information, see Covering a Spouse or Child who is an Applicant for Permanent Resident Status in Canada (PDF 274K).

 

[Ponga]

I hate to say this, but you should consider postponing your family coming with you to `visit' you in Canada.

If they remain in the US and can buy travel health insurance, that would at least cover them for the short-term, when they do come to `visit' you. Once you submit the PR sponsorship application, you MAY be ~ 3 months away from having them covered, per the information that scylla provided. The wait for BC MSP is 2 months, plus the balance of the month that CIC `ACCEPTS your sponsorship application for processing. The hard part is convincing MSP to read their own guidelines for eligibility for a PR applicant!

Good thing you found this forum, huh? It's been a life saver for many...myself included!

Good Luck!

 

[Jonoscc]

As far as I understand it. It is perfectly legal to come across the border as a visitor even if we tell them exactly what we are doing. My wife should be allowed to go there for 6 months legally and also apply to extend or renew or leave and come back for another 6 month stay. I've talked to a few other Canadians in the same situation who just simply brought their american families across.

As far as the medical and what the previous poster said, it looks like as long as the PR app has been accepted for processing we are good to go. I can handle a few months without coverage but not anything more.

 

[rhcohen2014]

As far as I understand it. It is perfectly legal to come across the border as a visitor even if we tell them exactly what we are doing. My wife should be allowed to go there for 6 months legally and also apply to extend or renew or leave and come back for another 6 month stay. I've talked to a few other Canadians in the same situation who just simply brought their american families across.

in theory this is true, however it is ALWAYS dependant on the border agent you deal with and their mood in the moment. If they have ANY suspicion that your wife will overstay, they WILL deny entry, and that can make the situation worse. IT's very important to not tell the border agents what "is perfectly legal", because that is a sure fire way they will make your life difficult. I think the best way to go about things in your situation is to travel seperately than your family. Your wife certainly can't be traveling with a uhaul or moving truck full of belongings - that is the biggest red flag of them all. Why would a "visitor" need to bring all of their belongings to Canada? They will then question where her residence is in the US.

Also, even though we are technically allowed a 6 mo. stay, they certainly do not need to authorize that if they see you havent started the paperwork yet. We are here to inform you of the risks, as many of us have experiences with border agents, some easy and most not so easy. Personally i have to carry my marriage certificate, pr paperwork, lease agreement and paystubs to prove myself. Believe me, we all know very well how stressful, frightening and overwhelming this is!

Obviously you know what's best for your family. Perhaps your family will be part of the lucky few who get in no questions asked. i wish you luck and would love to hear how the experience turns out for you and your family.

 

[taffy7]

It is perfectly legal for your wife and family to come to Canada but saying that they do not have to except them into the country. They could also stamp their passports and give them 2 weeks max to stay or give them 6 months . Let us know how that works out for you.

 

[Ponga]

As far as I understand it. It is perfectly legal to come across the border as a visitor even if we tell them exactly what we are doing. My wife should be allowed to go there for 6 months legally and also apply to extend or renew or leave and come back for another 6 month stay. I've talked to a few other Canadians in the same situation who just simply brought their american families across.

As far as the medical and what the previous poster said, it looks like as long as the PR app has been accepted for processing we are good to go. I can handle a few months without coverage but not anything more.

Relying on the application being accepted is NOT advised, since the MAJORITY of people that work at BC MSP (and/or Health Insurance BC) don't even have a full grasp of their own policy for a PR applicant. It's supposed to work that way, but most people have had difficulty winning their argument.

You may be without insurance for several months, if you have to fight (like I did). In the end, I prevailed, but it took me ~ 4-1/2 months.

I also echo what others have said regarding your family's ability to legally enter Canada for 6 months. It really is at the sole discretion of the Border Officer that they see...honestly!

 

[yvr1234]

Relying on the application being accepted is NOT advised, since the MAJORITY of people that work at BC MSP (and/or Health Insurance BC) don't even have a full grasp of their own policy for a PR applicant. It's supposed to work that way, but most people have had difficulty winning their argument.

You may be without insurance for several months, if you have to fight (like I did). In the end, I prevailed, but it took me ~ 4-1/2 months.

I also echo what others have said regarding your family's ability to legally enter Canada for 6 months. It really is at the sole discretion of the Border Officer that they see...honestly!

I tried to get BC MSP for my husband after I started the PR application process. But HR from my office had to fight for me and I didn't get coverage until AIP with condition that we will provide more proof on his PR application approval in later date. So even tho we got a MSP number for him, we try to avoid and medical visit until he landed.

 

[steerpike]

I am not sure how it works with applying inland when the applicant's status is a visitor. Once her status as a visitor expires, and she stays, she is there illegally.

Its not an issue. She can apply for a visa extension and it is usually granted. (it's a bit weird because at that point its obvious she is not a "visitor" and wont be leaving Canada. But they tend to approve visa extensions for PR applicants regardless.)

 

[chakrab]

As far as I understand it. It is perfectly legal to come across the border as a visitor even if we tell them exactly what we are doing. My wife should be allowed to go there for 6 months legally and also apply to extend or renew or leave and come back for another 6 month stay. I've talked to a few other Canadians in the same situation who just simply brought their american families across.

As far as the medical and what the previous poster said, it looks like as long as the PR app has been accepted for processing we are good to go. I can handle a few months without coverage but not anything more.

you are not applying for PR for your kids. just the wife. the kids need certificate of citizenship.