Questions for Sponsoring My Pregnant Wife from Abroad

[CanadaNow]

Regarding your child's citizenship eligibility:

I was also born outside Canada (both parents were born Canadian) and moved here when I was 3 months old so your original comments on your child's eligibility got me curious for my own future child(ren)'s eligibility. For this reason I went to the official "Citizenship and Immigration" site where they have "See if you may already be a citizen". I went to the following link and scrolled down and clicked on "Am I A Canadian Citizen: Start Here". Take this test from the perspective of being your child.

http://www.cic.gc.ca/english/citizenship/rules/index.asp

1. Have you ever renounced your Canadian citizenship with Canadian authorities?
Answer: No
2. Was your Canadian citizenship ever revoked for fraud?
Answer: No
3. Where were you born?
Answer: Outside Canada
4. On or after January 1, 1947, were you ever granted Canadian citizenship? This includes if you were adopted by a Canadian parent and granted Canadian citizenship.
Answer: No
5. Which of these statements best describes you?
Answer: I was born on or after April 17, 2009, and at least one of my birth parents was a Canadian citizen at the time of my birth.
6. Was at least one of your parents either born in Canada, granted Canadian citizenship before you were born, or employed outside Canada by the federal, provincial or territorial public service, or the Canadian Forces at the time of your birth?
Answer: Yes

Here is what the results were and therefore I wonder if YOUR child may already be a citizen?
"Based on your answers, you are likely a Canadian citizen.
For a formal assessment of your citizenship status, you have the option of applying for proof of Canadian citizenship."


Hope this helps

 

[Klystomane]

I was wondering about this. The interview is supposed to be for applicant, so if the visa processing office is in a completely different country, how can they expect an applicant to travel internationally just to attend an interview? I think if an interview is ever required in these cases, it could possibly be in the home-country of the applicant (in this case visa office is Manila, but interview would be in Seoul).

Anyways the probability of having an interview for a married couple, applicant from wealthy country, and with kid on the way, is practically zero. I would proceed under assumption no interview will be required.

If they apply inland, the wife/child are guaranteed to be allowed to stay in Canada the entire time... but should be noted she can't leave Canada during the entire application process (around 1.5 years). This might not be that bad, considering with a newborn they wouldn't be doing much international travel anyways. Wife would be able to get open work permit after 6 months sponsorship approval... which again isn't that bad since for the first year she would probably be a full time mom to newborn anyways and not even want to work.

I agree with your assessment and after discussing this (extensively) with my family, we are leaning towards applying inland after our baby is born. I also agree that our case is fairly solid and don't expect there to be major hiccups. Based on what I've read, the only real way for my wife to be rejected PR status is if she has a communicable disease and that's about it.

I thought about the outland interview and it just wouldn't make much sense to have to travel to Manila just to attend it. I am also assuming that should the need for an interview arise, it can be done at the Canadian embassy located in the person's home country. I mean, what if for example, South Koreans couldn't had restricted travel to the Philippines? It doesn't make a whole lot of sense to me.

In any case, thank you for your excellent suggestions. I'm sure I'll have more questions further down the road though.

 

[Klystomane]

Generally newcomers from other countries who move to Alberta, their provincial healthcare would be covered immediately. Perhaps, you could check with Alberta healthcare or have your relatives in Alberta to check if your wife would be covered immediately after her arrival and joining you to live in that province? I think after your baby is born in Alberta, s/he too will be covered by Albertan healthcare.

My suggestion is as following sequence:
1) You move to Alberta (from HK, Korea, etc.) and try get the provincial healthcare immediately;
2) If possible, your wife follow you to Alberta and you add her in your provincial healthcare plan;
3) Have the baby born in Alberta; and finally
4) Start process your wife's inland spousal sponsorship

BTW, OHIP is for Ontario.

Although I do have some extended family in Alberta, moving there doesn't make a great deal of sense to me since I am originally from Toronto and my immediate family is there. I am assuming (might be wrong) that moving to Alberta for a few months to have a baby and then relocating back to Ontario will be quite costly (maybe equal to delivering a child without OHIP) and just the stress of moving back and forth wouldn't be very good for my wife.

I do appreciate the suggestion though since one can never have too many options to consider for something like this

 

[Klystomane]

Regarding your child's citizenship eligibility:

I was also born outside Canada (both parents were born Canadian) and moved here when I was 3 months old so your original comments on your child's eligibility got me curious for my own future child(ren)'s eligibility. For this reason I went to the official "Citizenship and Immigration" site where they have "See if you may already be a citizen". I went to the following link and scrolled down and clicked on "Am I A Canadian Citizen: Start Here". Take this test from the perspective of being your child.



1. Have you ever renounced your Canadian citizenship with Canadian authorities?
Answer: No
2. Was your Canadian citizenship ever revoked for fraud?
Answer: No
3. Where were you born?
Answer: Outside Canada
4. On or after January 1, 1947, were you ever granted Canadian citizenship? This includes if you were adopted by a Canadian parent and granted Canadian citizenship.
Answer: No
5. Which of these statements best describes you?
Answer: I was born on or after April 17, 2009, and at least one of my birth parents was a Canadian citizen at the time of my birth.
6. Was at least one of your parents either born in Canada, granted Canadian citizenship before you were born, or employed outside Canada by the federal, provincial or territorial public service, or the Canadian Forces at the time of your birth?
Answer: Yes

Here is what the results were and therefore I wonder if YOUR child may already be a citizen?
Based on your answers, you are likely a Canadian citizen.
For a formal assessment of your citizenship status, you have the option of applying for proof of Canadian citizenship.


Hope this helps

I am a Canadian citizen; that much I know.

As to whether my child will be upon birth, it will depend on where s/he is born.

From the link you provided:

You may not be a citizen if…you were born outside Canada on or after April 17, 2009, and neither of your parents was a Canadian citizen born or naturalized in Canada.

I was not born in Canada, and I was not naturalized in Canada and my child will be born after 2009. Therefore, s/he will not be a citizen (upon birth). This also means that if my child goes through the PR/citizenship process, my grandchildren will be Canadian no matter where they are born (provided the rule does not change by then). If my grandchildren are born outside of Canada, then this rule will once again apply to my great-grandchildren.

Thus, based on your information, I would say that your children will not be Canadian citizens upon birth if they are not born in Canada since you obtained Canadian citizenship upon birth and was a) not born in Canada b) not naturalized in Canada.

Hope this helps...and I sincerely hope my interpretation is wrong

 

[Rob_TO]

I agree with your assessment and after discussing this (extensively) with my family, we are leaning towards applying inland after our baby is born. I also agree that our case is fairly solid and don't expect there to be major hiccups. Based on what I've read, the only real way for my wife to be rejected PR status is if she has a communicable disease and that's about it.

I thought about the outland interview and it just wouldn't make much sense to have to travel to Manila just to attend it. I am also assuming that should the need for an interview arise, it can be done at the Canadian embassy located in the person's home country. I mean, what if for example, South Koreans couldn't had restricted travel to the Philippines? It doesn't make a whole lot of sense to me.

In any case, thank you for your excellent suggestions. I'm sure I'll have more questions further down the road though.

Interviews in another country are ONLY for outland applications.

If you do apply inland, in the small chance an interview is requested you can be assured it will definitely be in Canada.

 

[Rob_TO]

Although I do have some extended family in Alberta, moving there doesn't make a great deal of sense to me since I am originally from Toronto and my immediate family is there. I am assuming (might be wrong) that moving to Alberta for a few months to have a baby and then relocating back to Ontario will be quite costly (maybe equal to delivering a child without OHIP) and just the stress of moving back and forth wouldn't be very good for my wife.

I do appreciate the suggestion though since one can never have too many options to consider for something like this

Keep in mind also that if you do go to Alberta, they will ensure you stay a resident of Alberta for a certain time after the medical expenses are incurred, else you need to pay them back. This is specifically so people don't just land there for the sake of instant healthcare and then move out right after.

 

[CanadaNow]

also if you land in Alberta, they will make you vote Conservative


oh PLEASE pretend I didn't say that. I was just kidding around and don't want a fun informative thread to turn political.

have a fantastic day!!!!

 

[Klystomane]

Keep in mind also that if you do go to Alberta, they will ensure you stay a resident of Alberta for a certain time after the medical expenses are incurred, else you need to pay them back. This is specifically so people don't just land there for the sake of instant healthcare and then move out right after.

Good to know that. I would not stay in Alberta for longer than necessary, so I guess I can safely rule this option out too.

 

[Klystomane]

also if you land in Alberta, they will make you vote Conservative


oh PLEASE pretend I didn't say that. I was just kidding around and don't want a fun informative thread to turn political.

have a fantastic day!!!!

Rofl...I only ever felt that my vote was needed once during my entire adult life (I voted Liberal) and that was the year Harper got elected...doh....

 

[CanadaNow]

so I phoned CIC and I was wrong regarding your child's eligibility and here is why.....

question #6 in my post above, among other things, it said "Was at least one of your parents GRANTED Canadian citizenship before you were born".

In the case of the OP on this thread (and myself), we as the parents were not GRANTED citizenship. we were afforded (my word not theirs) it by law. Therefore, we must answer NO to this question which then would make our child(ren) born after April 2009 not automatically citizens if born outside Canada.

Sorry for the confusion.

 

[amikety]

Alberta Healthcare offers healthcare to any dependants of an Alberta resident. If you're moving in from overseas, you are immediately eligible to apply and you can include your wife on the application as long as she is also in Alberta. However, you must remain for a minimum of six months or they may backcharge you. I've never heard of any Alberta cases, but I have heard about a B. C. case.

I promise you, as a visitor your wife can get healthcare in AB. I am a visitor (American) married to an Alberta resident and I have my healthcare card. Any registry should be able to help you. If you live in Calgary (when you get to Canada) I can recommend a few that will definitely help you without any questions. AKA they know the rules!

Since your wife is visa exempt, there's a good chance she will be allowed into Canada and to remain with you in Canada during the application process if you file Outland too. It doesn't seem that you mind waiting the 14 or so months for Inland, but if you're curious about Outland (Manila is about 9 months) I can explain how to remain in Canada legally as a visitor. I've been visiting since July 2011 and have a valid Visitor's Record (like a visa for visa-exempt) until Feb 2014. I got all my visitor extensions before my PR app was ever filed! I will say this though - I have much more experience and knowledge with 'visitors' from the USA and UK. I'm not aware its any different for other visa exempt citizens (but I guess there's always a possibility).

 

[steaky]

Although I do have some extended family in Alberta, moving there doesn't make a great deal of sense to me since I am originally from Toronto and my immediate family is there. I am assuming (might be wrong) that moving to Alberta for a few months to have a baby and then relocating back to Ontario will be quite costly (maybe equal to delivering a child without OHIP) and just the stress of moving back and forth wouldn't be very good for my wife.

I do appreciate the suggestion though since one can never have too many options to consider for something like this

I'm also originally from Toronto and my immediate family is also there. However, I chose to live in Vancouver and have no plans of relocating back to Ontario. I also have some extended family in Vancouver. Nevertheless, my wife and I like to live near the sea just like we used to be in China.

 

[Klystomane]

Alberta Healthcare offers healthcare to any dependants of an Alberta resident. If you're moving in from overseas, you are immediately eligible to apply and you can include your wife on the application as long as she is also in Alberta. However, you must remain for a minimum of six months or they may backcharge you. I've never heard of any Alberta cases, but I have heard about a B. C. case.

I promise you, as a visitor your wife can get healthcare in AB. I am a visitor (American) married to an Alberta resident and I have my healthcare card. Any registry should be able to help you. If you live in Calgary (when you get to Canada) I can recommend a few that will definitely help you without any questions. AKA they know the rules!

Since your wife is visa exempt, there's a good chance she will be allowed into Canada and to remain with you in Canada during the application process if you file Outland too. It doesn't seem that you mind waiting the 14 or so months for Inland, but if you're curious about Outland (Manila is about 9 months) I can explain how to remain in Canada legally as a visitor. I've been visiting since July 2011 and have a valid Visitor's Record (like a visa for visa-exempt) until Feb 2014. I got all my visitor extensions before my PR app was ever filed! I will say this though - I have much more experience and knowledge with 'visitors' from the USA and UK. I'm not aware its any different for other visa exempt citizens (but I guess there's always a possibility).

We have not decided whether we wish to process our application inland or outland.

Points for us to consider:

Inland:
1. 14 months wait time, but time is not an issue for us
2. Cannot appeal if application is rejected (might regret saying this, but we don't expect it to be rejected).
3. South Koreans can only stay visa-free in Canada for 180 days last I checked. Since inland PR applicants cannot leave Canada while the application is being reviewed, I'm guessing there will be an exemption that will allow them to stay beyond the 180 days until the application procedure is complete? Is this related to the "visa for visa-exempt" you're talking about?

Outland (via Seoul/Manila):
1. If we choose to stay in Canada while the application is being reviewed and are called in for an interview, we would have to fly back to Asia to attend the interview...a huge pain in the butt.
2. Faster (not a big deal) and can appeal if rejected (hopefully this won't happen).

 

[amikety]

Points to consider:

Inland

2) This is 'techincally' correct, but there is a legal way to challenge a rejection Inland. I don't remember it, but I have seen it explained. In the event you're rejected, then worry about it. Chances are with a valid married, child, and proof of living together continuously, your application will suceed unless one of you has done something to disqualify yourself such as criminal record.

3) That's not true. She (and I) can stay for 180 days on the passport stamp alone. She can get a new stamp or file online/at the border to extend her stay and get a Visitor's Record. As long as she's admissible to Canada, she will probably be allowed to stay. There are many of us that aren't Canadian, but live in Canada as "visitors." Most are American or from the UK, but there are Australians, Japanese, and Koreans among other countries represented. The VR will have it's own expiration date, which is picked out of a hat by a VO..... I've had 6 months, 1 year, and 13 months.

If she's with her Canadian spouse and he's supporting (she can show proof), CIC will generally allow the spouse to remain. This is because she's visa exempt.

Outland
1) They will only call an interview if the VO feels your marriage isn't real. If you have a complete application with good proof, this won't be an issue. Visa exempt partners aren't call for interviews often. I would review the Seoul spreadsheet and see how many couples needed an interview. (I did this with my VO and found 0 people with an interview!) Chances are with a child, married, and having already lived together for some time, they won't doubt the sincerity of your marriage.

2) Depending on where you live, the appeal can take 2 years or more.

Also consider if your wife would want to travel back to Korea for any reasons. Travel during Inland sponsorship isn't recommended.

 

[Klystomane]

Thanks for the info. It's good to know that it may be possible to extend my wife's stay in Canada beyond the 180 days.

Ultimately, it looks like we will have to decide on whether to apply inland or outland then.

Thanks again for all the help from everybody. I will eventually return to post my results.


Cheers,