Residency Obligations- Pregnancy

[ss110]

I got PR in October 2018, I came back to my country of citizenship after soft landing, then I went back to Canada in September 2019 and had to come back to my home country in June 2020 as my father passed away. Then COVID happened and I got married in December 2020. Got pregnant immediately, delivered a baby in November 2021, I couldn’t file case of my husband as I being a PR I couldn’t file his case from outside Canada. I am afraid I won’t be able to fulfil the residency requirement of 730 days in Canada, I just wanted to know if I file his case from outside Canada is there any possibility it would be processed??? Should I apply on the basis of humanitarian and compassionate grounds?
Don’t you think the immigration process is inherently biased against women?? How was I supposed to file for sponsorship from outside Canada when I was pregnant?? and I couldn’t leave my baby in my home country and go to Canada for filing their case. If it were any men it would have been comparatively easier for him but being a woman it’s difficult for us. I am really worried, don’t want to lose this opportunity as I worked really hard to get where I am today.

If anybody has seen any such case can you please give me some hope??

 

[steaky]

I got PR in October 2018, I came back to my country of citizenship after soft landing, then I went back to Canada in September 2019 and had to come back to my home country in June 2020 as my father passed away. Then COVID happened and I got married in December 2020. Got pregnant immediately, delivered a baby in November 2021, I couldn’t file case of my husband as I being a PR I couldn’t file his case from outside Canada. I am afraid I won’t be able to fulfil the residency requirement of 730 days in Canada, I just wanted to know if I file his case from outside Canada is there any possibility it would be processed??? Should I apply on the basis of humanitarian and compassionate grounds?
Don’t you think the immigration process is inherently biased against women?? How was I supposed to file for sponsorship from outside Canada when I was pregnant?? and I couldn’t leave my baby in my home country and go to Canada for filing their case. If it were any men it would have been comparatively easier for him but being a woman it’s difficult for us. I am really worried, don’t want to lose this opportunity as I worked really hard to get where I am today.

If anybody has seen any such case can you please give me some hope??

You can't file his PR from outside Canada.

The immigration process is not biased. You chose to give birth outside Canada (despite no more mandatory hotel quarantine after August 2021 in Canada). Try to get a TRV for your child when you return to Canada.

 

[canuck78]

I got PR in October 2018, I came back to my country of citizenship after soft landing, then I went back to Canada in September 2019 and had to come back to my home country in June 2020 as my father passed away. Then COVID happened and I got married in December 2020. Got pregnant immediately, delivered a baby in November 2021, I couldn’t file case of my husband as I being a PR I couldn’t file his case from outside Canada. I am afraid I won’t be able to fulfil the residency requirement of 730 days in Canada, I just wanted to know if I file his case from outside Canada is there any possibility it would be processed??? Should I apply on the basis of humanitarian and compassionate grounds?
Don’t you think the immigration process is inherently biased against women?? How was I supposed to file for sponsorship from outside Canada when I was pregnant?? and I couldn’t leave my baby in my home country and go to Canada for filing their case. If it were any men it would have been comparatively easier for him but being a woman it’s difficult for us. I am really worried, don’t want to lose this opportunity as I worked really hard to get where I am today.

If anybody has seen any such case can you please give me some hope??

You have multiple issues. You are already not compliant with your RO because you must have spent 730 days in Canada in 5 years from your landing date (October 2018-October 2023). It looks like you have only spent around 6-7 months in Canada so could not meet your RO at this point. You would have to return to Canada without being reported and try to avoid any contact with IRCC until you are back in compliance with your RO. Not only would that be an issue for sponsoring your spouse but that can also be an issue when trying to get a TRV for your child. Even if you were able to get a TRV for your child and IRCC didn’t look into your RO compliance when approving/refusing the TRV for your child, you wouldn’t be able to sponsor the child until you are back in compliance with your RO or risk losing your PR status. That could mean no provincial health coverage in many provinces or access to schooling until your child is a PR. If you attempted to apply for PR card renewal based on H&C you would need to return to Canada to apply and for the best chance of approval you would need to remain in Canada. Unfortunately you made personal decision like getting married and having a child that you personally feel has prevented you from returning to Canada. There are many women who return to Canada without their spouse after marriage in order to sponsor them. Choosing to get pregnant right away was likely a personal choice which made returning to Canada more difficult although not impossible. The laws aren’t biased at all. They treat men and women the exact same way. Both married men and women who are PRs are expected to return to Canada tosponsor their spouses. They can attempt to have their spouse join them and apply for a TRV but approval is not guaranteed.

 

[steaky]

Btw, you worked really hard to get where you are today??? What did you do? Why you cannot come to Canada to give birth after knowing you got pregnant in December 2020? What did you do in the past year?

 

[ss110]

How am I supposed to come to Canada if I didn’t have any relatives in Canada? I don’t think any woman can survive in Canada her pregnancy alone, i know for a person form third world PR is a big thing but not at the cost of me or my baby’s life.

 

[ss110]

Btw, you worked really hard to get where you are today??? What did you do? Why you cannot come to Canada to give birth after knowing you got pregnant in December 2020? What did you do in the past year?

I got PR on my own, did the whole process myself , spent almost 7 months in Canada from September 2019-May 2020 for studies, which is why I know living there alone is not easy and was impossible for me during pregnancy. I had GDM and high risk pregnancy.

 

[Naturgrl]

The only way for you to sponsor your husband and child is for you to be in Canada, and once you meet RO, apply to sponsor them. They can apply for TRVs. Your spouse will want to show travel history, strong ties to home country, funds. He has to show that he is coming to visit. If approved, they can travel with you to Canada but again, you cannot sponsor them until you meet RO.

 

[ss110]

You can't file his PR from outside Canada.

The immigration process is not biased. You chose to give birth outside Canada (despite no more mandatory hotel quarantine after August 2021 in Canada). Try to get a TRV for your child when you return to Canada.

i was good seven months pregnant with Gestational Diabetes, there was no way possible for me to travel there alone, and give birth.

 

[Naturgrl]

When does your PR card expire?

 

[ss110]

The only way for you to sponsor your husband and child is for you to be in Canada, and once you meet RO, apply to sponsor them. They can apply for TRVs. Your spouse will want to show travel history, strong ties to home country, funds. He has to show that he is coming to visit. If approved, they can travel with you to Canada but again, you cannot sponsor them until you meet RO.

Since I don’t it’s possible for me to leave my baby here for more than a year I think I should take my chances and apply under H&C , I am going to lose my PR status anyway.

 

[ss110]

When does your PR card expire?

February 2024

 

[Naturgrl]

Since I don’t it’s possible for me to leave my baby here for more than a year I think I should take my chances and apply under H&C , I am going to lose my PR status anyway.

But you can’t apply for H&C because you are PR. You can come to Canada since your card doesn’t expire for over a year. Even if PR card expired, you are still PR and can enter through US border.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html

 

[firstax]

If you had the means, you could have come over to Canada to have the baby. You can try to come in and hope they won't check your residency numbers at the airport, but then that would mean staying here for long enough days to meet the requirements to sponsor your husband and child. I'm not sure you want to stay away from your child for a long time. ( around 15 months from my calculations based on what you said). They are also not likely to give your spouse or child a visa. A tough situation all around. I hope you find out a plan that works best for your family

 

[ss110]

But you can’t apply for H&C because you are PR. You can come to Canada since your card doesn’t expire for over a year. Even if PR card expired, you are still PR and can enter through US border.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html

I

If you had the means, you could have come over to Canada to have the baby. You can try to come in and hope they won't check your residency numbers at the airport, but then that would mean staying here for long enough days to meet the requirements to sponsor your husband and child. I'm not sure you want to stay away from your child for a long time. ( around 15 months from my calculations based on what you said). They are also not likely to give your spouse or child a visa. A tough situation all around. I hope you find out a plan that works best for your family

It’s not just the finances, giving birth requires a lot of emotional support as well especially when you have having your first baby with all the complications. Kindly pray for me.

 

[ss110]

But you can’t apply for H&C because you are PR. You can come to Canada since your card doesn’t expire for over a year. Even if PR card expired, you are still PR and can enter through US border.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html

I want to file for sponsoring my spouse and son under H&C