How to maintain PR in this situation

[aashay12]

Hello,

We Applied for PR as common law and we got it. My current wife, we were under common law then, applied adding me as a common law spouse. (She was the principal applicant)
She landed april 14th 2014, and I landed november 13th 2014.
My wife has been out of canada for almost 2 years and 9 months..
I have lived about 2 years and 3 months.
She is currently pregnant and at high risk pregnancy and most possible she may lose her PR status unless she returns in few months to canada.
I have more time than her say like 8 more months before I make it there.
If she loses her PR, how can I get her back to Canada on my PR status and also the kid.
We are currently based in Chicago.
All this before november 2017 to return.
What can I do to save her PR and get back to Canada before my PR ( assuming that she is going to lose hers)
Thanks, it's going to be super difficult....but navigation my options.
Any help is appreciated.

 

[scylla]

There's definitely a path. If she loses her PR status, then you can sponsor both her and the child for PR once you are ready to move to Canada. Since you are a PR, you will need to be physically living in Canada at the time you submit the PR sponsorship application and will need to continue living in Canada while the application is processed. Additionally, at the time you submit the PR application, you will need to ensure you meet the residency requirement. If you apply to sponsor her and the child without meeting RO, you can expect their application to be refused and for CIC to start the process of revoking your PR status.

 

[Leon]

When the baby is born, you get the baby a US passport and return to Canada as soon as possible with the baby on visitor status. You should ask for a visitor record for the baby, both to establish when the baby entered Canada for the sponsorship (they usually don't stamp US passports) and because when you tell them that you plan to sponsor the baby, they can give the baby a 12 month visitor status instead of 6 months. This means you may be able to avoid applying to extend the baby's status as well as it may help you get the baby health care sooner depending on the province. You should of course get emergency insurance for each of your family members that may not be covered by health care which might extend to you and your wife too if you are going to a waiting period province.

When you enter, if immigration becomes aware that your wife does not meet the RO, they could report her for it. If they do report her for it, you can appeal based on that you both wanted to return earlier but could not due to the high risk pregnancy. Make sure you get some doctors letters now verifying that she should not travel at this time because you may need them later. If an immigration officer is going to report her, you may even be able to change his mind by showing the letters. If they do report her and she appeals, she can in any case keep her PR for the 1-2 years it takes to process her appeal and she has a good chance to win it. If she were to lose it, you can sponsor her again. If she doesn't get reported, she should stay in Canada for 2 years straight without applying for anything from immigration or attempting to renew her PR card. It is absolutely fine to let the PR card expire while she is in Canada. She will already have arranged health care, drivers license etc. before it expires.

Whether your wife gets reported on entry or not, you can apply to sponsor your baby as soon as you are in Canada. Your wife should not apply to sponsor your baby because she doesn't meet the RO. You should apply because you still meet the RO.

It is very important that you return before you end up in breach of the RO too. If you arrive at the border and neither of you meet the RO, it's more likely to get reported and you might lose an appeal based on that you could have returned earlier even if your wife couldn't and if you got through without getting reported, you would not be able to sponsor your baby without attracting immigration's attention to your situation.

If your wife and baby are for some reason not ready to return to Canada by November or whenever it is that you have to return, you would have to return alone to make sure that you at least are able to meet the RO and sponsor your baby plus your wife if she ends up losing her PR.

 

[aashay12]

Thanks for the response,
If my wife does not meet the RO, then she will deported?
Under what circumstances they will let her in and the Baby.

 

[Buletruck]

We are currently based in Chicago.

Are you planning to settle in Canada or return to the US after renewing your card? If you are still based in Chicago, the RO will continue to be an issue for both of you.

 

[aashay12]

We plan to settle in Canada as we have no choice as the PR may expire
I could pack all my bags and leave right now, it won't be an issue but I want to give
My child a US passport....when he/she...is born...
I struggled all my life in US but I don't want to my kid to go thru this...
I never want my child to be told that u can't get a job....because of the visa
Or can't go to the school because of the money situation....
So I want to protect my wife in this as well so even if she loses the PR, I could help her to save it.
Would she be deported from the port on entry? Even after the RO expires?...
The PR card expires in 2019.

 

[Buletruck]

She won't be deported, but may be reported. At that time she will be allowed to enter, but you will need to appeal. As for the baby, I am not sure. If CBSA felt like being difficult, they certainly could deny him/her entry complicating the issue, but my guess is that will be unlikely unless the CBSA agent is a complete dick. Make sure she is carrying any necessary documentation (fathers consent) to move the baby across the border without issue.

 

[aashay12]

So from what i understand about the alberta healthcare program
You get health care from day 1 and you dont need to wait for 3 months
as in BC, ON and other states/provinces.
Since my wife is pregnant and we inquired about insurance, private insurance does not cover pregnancy(existing condition),
Just incase something goes wrong...but looks like no option for insurance.
The only requirement i saw that you have to live there for 6 months (which i assume is perfectly fine)
I just hope there is no other hidden laws/rules, which we missed.
I hope Calgary would be the ultimate place where we would go, if we ever make that decision....

Another thing, i wanted to ask the forum, how about health care.
How do appointments work....can we just walk in the hospital or need appointment
Is there a wait to see the doctor when you are pregnant..
We both have the SIN number but never applied for a Health Card.
How long does it take to get the health card, after you apply.
Does the hospital accept patients without health card, using the PR card (till you get the health card)

I sincerely thank you guys, and i promise i would do the same for other who come later.
thanks
aashay

 

[Leon]

So from what i understand about the alberta healthcare program
You get health care from day 1 and you dont need to wait for 3 months
as in BC, ON and other states/provinces.
Since my wife is pregnant and we inquired about insurance, private insurance does not cover pregnancy(existing condition),
Just incase something goes wrong...but looks like no option for insurance.
The only requirement i saw that you have to live there for 6 months (which i assume is perfectly fine)
I just hope there is no other hidden laws/rules, which we missed.
I hope Calgary would be the ultimate place where we would go, if we ever make that decision....

Another thing, i wanted to ask the forum, how about health care.
How do appointments work....can we just walk in the hospital or need appointment
Is there a wait to see the doctor when you are pregnant..
We both have the SIN number but never applied for a Health Card.
How long does it take to get the health card, after you apply.
Does the hospital accept patients without health card, using the PR card (till you get the health card)

I sincerely thank you guys, and i promise i would do the same for other who come later.
thanks
aashay

If you move to AB from a foreign country, you would have first day health care but you don't get the health card right away. If you need assistance, you can pay out of pocket and later when you have the health card, send in your bills and get reimbursed. If you have already applied for a health card when you need assistance, it is also possible that a doctor or a hospital will let you call Alberta health and get your health card number so they can bill them instead of taking your money.

In Canada, you can go to a hospital emergency room any time but there could be a long wait. Seeing a specialist is based on getting a referral from a GP. Seeing a GP, you would have to look for one who is taking new patients. If you can't find one, you can go to a walk in clinic and see one there.

 

[aashay12]

i am scheduled for an phone appointment with the lawyer....lets see his final take only this....
will post it asap.

 

[aashay12]

Sadly the forum know s'more than the lawyer.

 

[Leon]

Don't ask a lawyer about health care. Rather ask the health care. They are very nice. You can reach them at : 780-427-1432 or per email for generic questions at health.ahcipmail@gov.ab.ca see http://www.health.alberta.ca/contact.html

 

[aashay12]

I had called the lawyer to ask about the options of permanent residency.