Pregnant & waiting for LMIA

[miamaria]

I am really concerned. My situation is:

I'm on the YP visa (expires end of January, 17)
Waiting for LMIA response (should get feb-apr)

My BF (together for 1.5 years) is Canadian citizen.

We can not get married.

I just found out that I am pregnant and we decided to keep the baby. Baby should be born around end on June beginning of July.

First, my lawyer said I could expand my stay month or two for reply of my LMIA. But as my current visa is ending can I expand my AB health card as well to be covered with my doctor with baby check ups?

Does having a baby gives me any kind of advance when applying for PR.

As if I don't get my visa me and my boyfriend are screwed as he can't move into my country with out language skills and work. And if I can't stay here and work I have to go home and raise our baby mainly by myself.

I feel kind a screwed and font know what to do at this point. Could anyone let me know what are my possibilities and how to Sol s the problem so our little family doesn't have to separate to the different continents...

 

[pfse]

Your boyfriend may sponsor you for PR. You don't need to be married. As part of inland family sponsorship application you would be eligible to apply for wp.

 

[ScarletSails]

I am really concerned. My situation is:

I'm on the YP visa (expires end of January, 17)
Waiting for LMIA response (should get feb-apr)

My BF (together for 1.5 years) is Canadian citizen.

We can not get married.

I just found out that I am pregnant and we decided to keep the baby. Baby should be born around end on June beginning of July.

First, my lawyer said I could expand my stay month or two for reply of my LMIA. But as my current visa is ending can I expand my AB health card as well to be covered with my doctor with baby check ups?

Does having a baby gives me any kind of advance when applying for PR.

As if I don't get my visa me and my boyfriend are screwed as he can't move into my country with out language skills and work. And if I can't stay here and work I have to go home and raise our baby mainly by myself.

I feel kind a screwed and font know what to do at this point. Could anyone let me know what are my possibilities and how to Sol s the problem so our little family doesn't have to separate to the different continents...

What is your current Express Entry score? If your score is equal to or more than 470, and if there is a draw on Nov 16, you may receive an ITA and may be able to submit your PR application before your visa expires in January and can then apply for Bridging Work Permit to stay in Canada.

With the upcoming change in Express Entry on Nov 19, LMIA only gives you 50 or 200 points depending on your NOC Code. If you are not working in a NOC 00 job, then you will only get 50 points for LMIA.

Having a child born in Canada does not really give you any advantage when applying for PR because that does not give you any extra points. Your child who will be Canadian citizen cannot sponsor you until he/she becomes an adult and has enough financial resources to sponsor you.

If your visa expires, you cannot extend your Alberta health care and will have to pay for your medical expenses by yourself, which is not cheap for checkup, ultrasound, and delivery at the hospital. If you have any complications during or after labor of if your child needs intensive care, you may end up with a huge bill from the hospital.

Your only option now is to talk to your boyfriend and ask him to be responsible and supportive. The only way you can stay in Canada after your visa expires in January is for your boyfriend to apply for spousal sponsorship before your visa expires.

 

[Innana]

What is your current Express Entry score? If your score is equal to or more than 470, and if there is a draw on Nov 16, you may receive an ITA and may be able to submit your PR application before your visa expires in January and can then apply for Bridging Work Permit to stay in Canada.

With the upcoming change in Express Entry on Nov 19, LMIA only gives you 50 or 200 points depending on your NOC Code. If you are not working in a NOC 00 job, then you will only get 50 points for LMIA.

Having a child born in Canada does not really give you any advantage when applying for PR because that does not give you any extra points. Your child who will be Canadian citizen cannot sponsor you until he/she becomes an adult and has enough financial resources to sponsor you.

If your visa expires, you cannot extend your Alberta health care and will have to pay for your medical expenses by yourself, which is not cheap for checkup, ultrasound, and delivery at the hospital. If you have any complications during or after labor of if your child needs intensive care, you may end up with a huge bill from the hospital.

Your only option now is to talk to your boyfriend and ask him to be responsible and supportive. The only way you can stay in Canada after your visa expires in January is to get married and apply for spouse sponsorship before your visa expires.

I don't understand why some posters here give wrong information to people. contrary to what you say, she doesn't need to marry anyone. The best advise was given to her in the first reply.

 

[ScarletSails]

Sorry I was confused.

Your boyfriend can sponsor you even if you are not married to him. Here is more information about sponsorship: http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp#3900E2

 

[scylla]

Your boyfriend may sponsor you for PR. You don't need to be married.

Only if they have lived together continuously for at least one full year and can prove it.

Simply being her boyfriend does not allow him to sponsor her.

 

[ScarletSails]

Anyway, you should hire a lawyer to help with your case because sponsoring a partner who is common-law or conjugal may be more complicated than sponsoring a married spouse.

 

[pfse]

Only if they have lived together continuously for at least one full year and can prove it.

Simply being her boyfriend does not allow him to sponsor her.

Yep, that's true. But OP wrote that they are 1.5 years together so I'm assuming they are living together, otherwise I would say that this is very strange relationship.

 

[scylla]

Anyway, you should hire a lawyer to help with your case because sponsoring a partner who is common-law or conjugal may be more complicated than sponsoring a married spouse.

No need to hire a lawyer if they apply common law - it's an extremely straight forward process and not that much different than applying as a married couple.

They do not qualify as a conjugal couple. There's no point applying through this stream since refusal is guaranteed.

 

[ScarletSails]

Thanks for making me more informed.

I am sorry I am not familiar with this issue and should not have given any advice.

Good luck to the OP! Hope it will work out for you.

 

[miamaria]

We have been living together since 17th of August 2015.

But as he is separated not legally divorced... It might change certain things.
I feel kind a stuck with all of my thoughts...

 

[scylla]

We have been living together since 17th of August 2015.

But as he is separated not legally divorced... It might change certain things.
I feel kind a stuck with all of my thoughts...

No - this doesn't change anything (unless he sponsored his wife for PR or unless she sponsored him for PR). You are common law even if he is technically still married. He can sponsor you through the common law family sponsorship stream (again, provided he didn't sponsor his wife for PR or she didn't sponsor him).

If he did in fact sponsor her or she sponsored him - you will need to provide details about the application (who was the sponsor), when the application was submitted and when the sponsored person landed in Canada and became a PR.

 

[miamaria]

No - this doesn't change anything (unless he sponsored his wife for PR or unless she sponsored him for PR). You are common law even if he is technically still married. He can sponsor you through the common law family sponsorship stream (again, provided he didn't sponsor his wife for PR or she didn't sponsor him).

If he did in fact sponsor her or she sponsored him - you will need to provide details about the application (who was the sponsor), when the application was submitted and when the sponsored person landed in Canada and became a PR.

So to make things more complicated he did sponsor her. But he himself is not sure did she even get her PR or not as this person basically disappeared. And he hasn't heard and does not want to know anything of her. They haven't been in contact more than 4 years, and not even sure is that person still alive or not...

 

[scylla]

So to make things more complicated he did sponsor her. But he himself is not sure did she even get her PR or not as this person basically disappeared. And he hasn't heard and does not want to know anything of her. They haven't been in contact more than 4 years, and not even sure is that person still alive or not...

If she became a PR three or more years ago - then he is no longer responsible for her and can sponsor you. The only additional problem that may come up is if she went on social assistance/welfare during her first three years of becoming a PR and arriving in Canada. If she did, he will have to pay this money back to the government since he was responsible for supporting her during this period.

Assuming it's been more than three years since she arrived, I would recommend that he go ahead and file the application to sponsor you. If his ex did take welfare, this will be uncovered through the processing of your application.

If you have further questions about the common law sponsorship stream - I would recommend you move over to the Family Sponsorship section of the forum.

 

[miamaria]

Thank You!