PR for a new baby

[shallowpurple]

We recently received our PR cards and we are currently in USA (and our ECAS case file is complete).We are planning to move to Canada nearly next year.

We just came to know that there is another baby comming in. I am not sure how do we get her PR. Since the baby is going to be born in USA and so, I am hoping that he/she can join us when we move to Canada but I am trying to see if there are people in the same boat and what do we need to do?

Please respond back to this thread. I desperately need help!

 

[Rob_TO]

We recently received our PR cards and we are currently in USA (and our ECAS case file is complete).We are planning to move to Canada nearly next year.

We just came to know that there is another baby comming in. I am not sure how do we get her PR. Since the baby is going to be born in USA and so, I am hoping that he/she can join us when we move to Canada but I am trying to see if there are people in the same boat and what do we need to do?

Please respond back to this thread. I desperately need help!

Do you mean you have PR visas and are still waiting to officially land as PRs? Or you have already done the PR landing but then moved back to USA? In another post you mentioned you were just going to land in April 2015, so I'm confused how you could already have PR cards now.

There are basically 2 options.

1. If baby is already born and you haven't yet officially landed, then the baby MUST be added to your current PR application as another dependent. If you land as PRs but don't declare the baby, then you can never sponsor baby in the future. Of course it doesn't matter if you land while pregnant.

2. If baby is not yet born, then you would land as PRs if you haven't already done so. Once at least one of you are ready to permanently move to Canada, you can then submit an outland PR application for your new baby. Since your baby will be a US citizen, you should have no problems having the baby travel to Canada with you as a visitor. Note that as PRs, at least one of you MUST be residing in Canada during entire duration of your baby's PR processing.

 

[shallowpurple]

First of all - thanks for the reply!

Do you mean you have PR visas and are still waiting to officially land as PRs? Or you have already done the PR landing but then moved back to USA?

We have the PR cards (not visas) since we did the landing formalities a month back.

Of course it doesn't matter if you land while pregnant.

Are you suggesting that it was ok to land if you were so early in pregnancy? We were not sure if my wife was pregnant when we landed (possibly yes but with only 8-10 weeks into pregnancy, there is no telling on what happens).

2. If baby is not yet born, then you would land as PRs if you haven't already done so. Once at least one of you are ready to permanently move to Canada, you can then submit an outland PR application for your new baby. Since your baby will be a US citizen, you should have no problems having the baby travel to Canada with you as a visitor. Note that as PRs, at least one of you MUST be residing in Canada during entire duration of your baby's PR processing.

We are planning to move to Canada sometimes early next year. Let's say the baby is born towards the later part of 2015. We get her US passport etc. towards Nov. Can you help me understand how do we apply for "outland" PR application? I mean should I submit a family immigration application (to CPC- Mississgua with Visa office as CPC-Ottawa) from US itself and while the application is in progress, can we move with her to Canada?
[I am reading http://www.cic.gc.ca/english/helpcentre/answer.asp?q=005&t=14 ]

Note that as PRs, at least one of you MUST be residing in Canada during entire duration of your baby's PR processing.

Can you please help me with understanding this? ( assuming we submit an outland application from US and then move to Canada)

Thanks again for your time and help Rob_TO!!!

 

[Rob_TO]

Are you suggesting that it was ok to land if you were so early in pregnancy?

Yes that was fine. Could land anytime before the baby is actually born.

I mean should I submit a family immigration application (to CPC- Mississgua

Yes you will submit baby's outland PR app to CPC-Mississauga.

Can you please help me with understanding this? ( assuming we submit an outland application from US and then move to Canada)

Not quite, since you are PRs one of you must be already residing in Canada at the time you submit baby's PR application. You can NOT submit the PR app while both of you still reside in the US.

So you would need to relocate to Canada first with baby coming as visa-exempt visitor, and then submit the outland PR app. Baby will stay in Canada as a visitor while outland app is in process. You will just need to extend visitor status every so often so it doesn't expire.

 

[shallowpurple]

Yes that was fine. Could land anytime before the baby is actually born.

Yes you will submit baby's outland PR app to CPC-Mississauga.

Not quite, since you are PRs one of you must be already residing in Canada at the time you submit baby's PR application. You can NOT submit the PR app while both of you still reside in the US.

So you would need to relocate to Canada first with baby coming as visa-exempt visitor, and then submit the outland PR app. Baby will stay in Canada as a visitor while outland app is in process. You will just need to extend visitor status every so often so it doesn't expire.

I am so sorry to ask this stupid question (forgive me) - how do we get to file as an outland application here? (I mean if the baby is with us in Canada, then don't we come under "Person to be sponsored lives in Canada" and probably inland)

As per the timeslines for family immigration (posted at http://www.cic.gc.ca/english/information/times/perm-fc.asp)
Person to be sponsored lives outside of Canada: 62 days+ CPC-O (12 months) ~ 15 months
Person to be sponsored lives in Canada: 27 months
We would like to avoid long wait times (if possible).

 

[Rob_TO]

All an outland application means, is that it's processed at an outland visa office. Where the applicant actually lives (in Canada or some other country) doesn't matter.

There is no option to sponsor a child as inland. It must be an outland app.

The times given on CIC website for outland apps are more worst-case times. You can expect quicker times, probably in the 8-10 month range.

 

[shallowpurple]

You can NOT submit the PR app while both of you still reside in the US.
So you would need to relocate to Canada first with baby coming as visa-exempt visitor, and then submit the outland PR app. Baby will stay in Canada as a visitor while outland app is in process. You will just need to extend visitor status every so often so it doesn't expire.

Just confirming, we don't apply for family immigration (PR) application for the baby while we are in US. We move to Canada and then apply to CPC-M, but which visa office do we use (to make it an outland application)? Is there anything else that needs to be done to make it an outland application?

 

[Rob_TO]

Just confirming, we don't apply for family immigration (PR) application for the baby while we are in US. We move to Canada and then apply to CPC-M, but which visa office do we use (to make it an outland application)? Is there anything else that needs to be done to make it an outland application?

What outland visa office is used, is completely up to CIC. I don't think you even need to indicate in your application. For US citizens though, CPC-Ottawa is the default outland visa office that CIC will most likely use.

Just make sure you use the outland application package: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[shallowpurple]

What outland visa office is used, is completely up to CIC. I don't think you even need to indicate in your application. For US citizens though, CPC-Ottawa is the default outland visa office that CIC will most likely use.

Just make sure you use the outland application package: http://www.cic.gc.ca/english/information/applications/fc.asp

Thanks Rob_TO.

One thing is very clear - Sponsoring parent has to be in Canada to file the PR application for the dependent child.

But, the link for outland package that you provided ( http://www.cic.gc.ca/english/information/applications/fc.asp) is actually the same as one provided at http://www.cic.gc.ca/english/helpcentre/answer.asp?q=005&t=14 -> "Apply to sponsor" under "If your spouse, common-law partner or conjugal partner or dependent child lives outside Canada". This is where the central confusion is. So, basically, (as per CIC website), we can use outland application package if the dependent child lives outside Canada but the sponsoring parent (myself) has to be in Canada. Am I missing something here?

Now, if the dependent child is in Canada (along with his sponsoring parent), then will this not fall under "inland" application (same link http://www.cic.gc.ca/english/helpcentre/answer.asp?q=005&t=14 -> "Apply to sponsor" under "If your spouse, common-law partner or conjugal partner or dependent child lives with you in Canada" which points to http://www.cic.gc.ca/english/information/applications/spouse.asp)

Thanks again for all your help.

 

[OhCanadiana]

Thanks Rob_TO.

One thing is very clear - Sponsoring parent has to be in Canada to file the PR application for the dependent child.

But, the link for outland package that you provided ( http://www.cic.gc.ca/english/information/applications/fc.asp) is actually the same as one provided at http://www.cic.gc.ca/english/helpcentre/answer.asp?q=005&t=14 -> "Apply to sponsor" under "If your spouse, common-law partner or conjugal partner or dependent child lives outside Canada". This is where the central confusion is. So, basically, (as per CIC website), we can use outland application package if the dependent child lives outside Canada but the sponsoring parent (myself) has to be in Canada. Am I missing something here?

Now, if the dependent child is in Canada (along with his sponsoring parent), then will this not fall under "inland" application (same link http://www.cic.gc.ca/english/helpcentre/answer.asp?q=005&t=14 -> "Apply to sponsor" under "If your spouse, common-law partner or conjugal partner or dependent child lives with you in Canada" which points to http://www.cic.gc.ca/english/information/applications/spouse.asp)

Thanks again for all your help.

The CIC website links are confusing in the decision tree it sends you down. Nonetheless, Rob_TO is correct. You may apply "outland" even if you are physically in Canada. Take a look at the "inland" instructions and you'll see they even suggest applying outland as it's faster.

In "Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)" in the section Before you apply / Important information it says:

The family class is aimed at faster processing of spouse or common‑law partner applications from applicants outside Canada.

Processing times for spouses or common‑law partners in Canada are generally longer.

The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted online.

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

 

[shallowpurple]

Thanks everyone for the help. You guys are awesome!

Infact, I found a good youtube video on inland vs outland application - https://www.youtube.com/watch?v=wfOR-wc9ovM

 

[Rob_TO]

I don't think you understand, this is not a choice. The ONLY option for dependent children PR apps, is to file outland. Inland option is ONLY for spouses/common-law partners.

You must file outland whether you want to or not.

 

[XMan24April]

Hi - My wife is a canadian by descent, my immigration was in process from June 2014 and in Nov 2014 we had our first baby outside Canada (I had applied for TRV for the birth of our child earlier in 2014 and since i did not get a visa, we decided that its better to have the first baby together in Pakistan)

We added our baby to my application immediately i.e in Nov 2014 only same month he was born.

Since my wife planned to go back to Canada with the baby while i stay back and wait for immigration to happen, we applied for our child's TRV in Dec 2014 and on Jan 31st 2015 got the visa for baby only.

On Jan 27, 2015 we got an email from London Visa Office for the medical of our child, which we did on 2nd Feb 2015 and my medical was extended by VO on Jan 28, 2015.

Now the question is, can my wife and child travel to Canada? Since my immigration case that has the child as depended is "In Process", what happens when we get PR and than subsequent request for passports for stamping the visas?

1) If my child travels before PR, can i only send just my passport for visa and land in Canada with my PR and my child's? is that legal?

2) Is there some clause that, all the dependents have to have visa stamped again even though they already have a valid visa to travel?

I hope i have not confused with giving so much information, but hopefully someone can answer the above queries so that we can plan accordingly.

Cheers