new born Baby's PR

[aam08]

Hi,

My wife and I got our PR on 4th September, 2010 and we came back to our home country on 8th Oct,2010. We are expecting a baby in February. Could you please guide me what would be the status of our baby's Visa as we are PR of Canada.

Do we need to do all the PR process for the baby and how much time does it take get the baby's PR.

Secondly if we move now to Canada NOW and if baby is born in Canada, what is baby's VISA status then.

I think we might not be covered by health insurance, if we move to Canada now.

/aam

 

[PMM]

Hi

Hi,

My wife and I got our PR on 4th September, 2010 and we came back to our home country on 8th Oct,2010. We are expecting a baby in February. Could you please guide me what would be the status of our baby's Visa as we are PR of Canada.

Do we need to do all the PR process for the baby and how much time does it take get the baby's PR.

Secondly if we move now to Canada NOW and if baby is born in Canada, what is baby's VISA status then.

I think we might not be covered by health insurance, if we move to Canada now.

/aam

1. The baby would be a citizen of the country where it is born, it would not have any PR status.
2. If the child is born outside Canada, one of you will have to return to Canada to sponsor the child as you are a PR and must remain in Canada for the processing. Depending on the processing office, it should take less than 6 months, since no background check is required and the medical is minimal.
3. If the child is born in Canada, then it is a Canadian citizen.
4. It depends on the province you "landed in" In most there is a 3 month waiting period for coverage under Medical Insurance.

 

[kelKel]

You will have a 3 month waiting period before you get your health care. So you may be too late for that now. Or you'd be cuting it close.

I believe baby born in Canada whether to a permanent resident or a visitor to Canada will automatically acquire citizenship. However, a baby born outside Canada to parents who are permanent residents of Canada, not only he will not have a Canadian citizenship, he won’t be considered a permanent resident and will have to apply for a visa or be sponsored by his parents to enter Canada.

It would be much easier if you had been in Canada for the birth of the baby. If you have the baby depending what country you are from you may have to apply for a visitor visa which may or may not be approved. You could then come to Canada with your family where you would have to sponsor your child. In a previous case on here a gentlemens TRP for the child was denied and he was forced to return to Canada and sponsor the child while the wife/child remained in the home country.

You may want to get some sound advice from an expert PMM, rjessome ect.

 

[kelKel]

Thanks PMM you got to it before I did

 

[kelKel]

I forgot PMM that as a PR you have to be in Canada to sponsor the child.

 

[Leon]

If you move to Canada now, you could move to a province where the coverage under health care starts immediately. BC, ON, NB and QC will make you do a 3 month waiting time although I think QC makes exceptions for pregnant women. Other provinces as far as I know will give you immediate health care if you are moving from another country. Pick your province, then check with the health care there before you make your move to make sure.

 

[PMM]

Hi

If you move to Canada now, you could move to a province where the coverage under health care starts immediately. BC, ON, NB and QC will make you do a 3 month waiting time although I think QC makes exceptions for pregnant women. Other provinces as far as I know will give you immediate health care if you are moving from another country. Pick your province, then check with the health care there before you make your move to make sure.

Since they have already "landed" even though they have left. There is a 3 month waiting period in all provinces as they are treated as if they are moving from another province in Canada.

 

[cezvi]

Hi

Since they have already "landed" even though they have left. There is a 3 month waiting period in all provinces as they are treated as if they are moving from another province in Canada.

I'm not sure though about health coverage and waiting period if you are moving from another province. In Manitoba, you become covered by the province's health insurance the day you enter Canada from another country. No 3-month waiting period.

 

[PMM]

HI

I'm not sure though about health coverage and waiting period if you are moving from another province. In Manitoba, you become covered by the province's health insurance the day you enter Canada from another country. No 3-month waiting period.

Please re-read my statement. The OP have already landed and then left Canada. So if they return to either Manitoba or Alberta they are treated as if they are moving from another province. Then they have a 3 month wait. If they "landed" and then immediately set up residence in Manitoba or Alberta, only then would they be covered from day 1.

 

[cezvi]

HI

Please re-read my statement. The OP have already landed and then left Canada. So if they return to either Manitoba or Alberta they are treated as if they are moving from another province. Then they have a 3 month wait. If they "landed" and then immediately set up residence in Manitoba or Alberta, only then would they be covered from day 1.

Ok I'm a little confused. The couple landed in canada then left shortly after. I just want to ask in which province they set up residence from the time they landed? If they stayed at a province where health insurance was covered from day 1, wouldn't they still be covered if they returned in let's say december, for example? They wouldn't be covered, I guess if they didn't apply for the province's health insurance when they first landed.


To aam08: couldn't you and your wife moved back to canada now so then your baby will be born here instead of your home country? She's not due 'til february 2011 so it's still safe for her to travel; unless her pregnancy is considered high risk only then she can't travel.

 

[Leon]

HI

Please re-read my statement. The OP have already landed and then left Canada. So if they return to either Manitoba or Alberta they are treated as if they are moving from another province. Then they have a 3 month wait. If they "landed" and then immediately set up residence in Manitoba or Alberta, only then would they be covered from day 1.

That is not my understanding. They have landed and left, that is true. Currently they do not live in Canada and as they only stopped for a short time after landing, they haven't actually even moved to Canada yet so how could they be seen as moving from another province?

Most provinces provide 1st day healthcare to returning residents and citizens who are moving from another country. Still, safer to ask the health care of the chosen province before moving anywhere to make sure that is the case.

 

[aam08]

Hi,

I think I would have mentioned about the province where we Landed. We landed in Ontario on 4th of September, 2010 and then came back on 8th of October, 2010. I have read the following statement about OHIP

* be a Canadian citizen, permanent resident or among one of the newcomer to Canada groups who are eligible for OHIP as set out in Ontario's Health Insurance Act ; and
* be physically present in Ontario for 153 days in any 12-month period; and
* be physically present in Ontario for at least 153 days of the first 183 days immediately after establishing residency in the province; and
* make your primary place of residence in Ontario.

Actually i couldn't understand if the condition ( 153 days of the first 183 days) is true for us or not.

 

[Leon]

You would not have qualified for OHIP after you landed because there is a 3 month waiting period to get it. Even if you do feel that you established residency in ON at the time you landed on Sept. 4, you would not meet the 153 day in 183 days requirement because you have now already been outside ON for 52 days where you would only be allowed 30. Therefore, if you go back to ON now, you can not say that you moved there on Sept. 4 and therefore should not have to do the 3 month waiting period. Your 3 month waiting period would start fresh if you go there again.

If you want to go to another province, contact their health care and explain your situation. You landed in ON. You stayed with relatives/friends? You researched housing and job opportunities? You never registered for health care there as you were not there to stay at the time. Then you went back to old country to tie up some loose ends and now you are finally ready to move to Canada for good, you have however decided that ON is not the province for you and that you want to settle in this other province instead. Ask them if you will have a waiting time for health care or if it will be immediate.

 

[kins4u2]

My wife and I received our passport back on 31st March 2011 with visa stamped. I'm so happy that no words to have express feelings. Visa has been granted till end of June (validity of medical)

On 4th April, We've baby girl born.


NEED ADVISE OR SUGGESTION:

Till PR visa has been issued, I've not told Buffalo / LA consulate regarding my wife pregnancy. Now I've baby born and visa received with CORP. In welcoming paper, they have mentioned that if any case family composition has been changed, you must inform us before leaving for canada. I was under impression that baby will have US citizenship so she will not have any issue.

In that matter, What should I do? and what will be the outcomes? Please advise seniors ASAP. Someone in this forum have as same case as I've? Visa has been granted till end of JUNE.

Thanks,

 

[rjessome]

Those visas are no longer valid as your family composition has changed. You need to advise the issuing visa post (Buffalo?) ASAP of the change in your family and apply to have your child added to your application. If you try to land without doing that, you are misrepresenting yourself to CIC and will NEVER be able to sponsor the child and may jeopardize your own PR.