Hi, I have a bit of a stressful situation. My fiancé who is Thai has been working in Canada for almost 4 years. Her open work visa is set to expire in June of this year. I am Canadian born Citizen and we currently live together in Alberta. My fiancé is also currently 4 and a half months pregnant. Her work visa expires June 6 and she is due to give birth June 15. Our situation is that I have been separated from a previous marriage for about 3 years and my divorce is still in the courts, so we cannot get married until I receive my divorce certificate which could be, according to my lawyer as long as the end of March. We intend to get married as soon as I am divorced and then once we receive our marriage certificate I would like to sponsor her for her Permanent Residence application. However, I just checked and this process could take up to 26 months. We had a long distance relationship for over a year and then she moved in with me last October so we would not qualify for common law. I have heard in other topics of people applying to extend their stay in Canada once their work visas expire. Is this something we could do or would they decide not to allow her to stay based on her pregnancy? I can't imagine her travelling 24 hours on a plane back to Thailand while she is 9 months pregnant (once her visa expires). And we plan on living here permanently once we get everything straightened up. I REALLY don't want her to have to go back to Thailand to give birth, not only would that devastate me but I think it would just add more complications trying to get the baby back to Canada afterwards. Any insight or suggestions on our situation would be very welcoming. Thanks in advance!
Pregnant while visiting
- Thread starter smithdar
- Start date
Well I'm not a lawyer, but I'm fairly certain that if she stayed until the end of her work visa, as she has the right to do, she couldn't be deported until after she had the baby,a doctor would say that it would be dangerous to fly when she was more than 7 months pregnant, due to the risk of going to labor on the fight. I doubt if an airline would take her. So she would almost certainly have to be given an extension until after the birth.
In a recent case involving a woman who was only six months pregnant, she was allowed to stay.
After the birth, I also don't see how they could deport her, since that would deprive a Canadian citizen ( your child ) of the right to contact with both parents. It wouldn't be just about her right to stay in Canada any more. You would probably find the law protected your Canadian child's rights to maternal care better than your right to a married life with a foreign spouse.
In a recent case involving a woman who was only six months pregnant, she was allowed to stay.
After the birth, I also don't see how they could deport her, since that would deprive a Canadian citizen ( your child ) of the right to contact with both parents. It wouldn't be just about her right to stay in Canada any more. You would probably find the law protected your Canadian child's rights to maternal care better than your right to a married life with a foreign spouse.