URGENT HELP NEEDED

[JP1987]

Hello!

I have some major big problems with my Immigration Case. I would appreciate every help.
I have a relationship with my Common Law Partner since 2011. We have a baby together, she is born end of 2011. She has the right to be a Dual Citizen German and Canadian. After she was born the German GOV do not wanted to register her Canadian Father in her German Birth Certificate. Whatsoever I called the Canadian Embassy in Austria but they told me to visit Canada because CIC is responsible for the girl's case. In September 2012 I got my German Maternity Leave and we could visit my future spouse and Babys father.
Now I am since several month here and CIC is answering me I have to go back to Austria for the Proof of Citizenship and the CIC is not responsible for us. Also the local court can not give him the paternity for our daughter. My visitor visa will expire in May 2014. After a miscarriage we decided that we need us together and also our baby needs her mother and father. It would be awful to be separated again!
MY TRV is the Visior Status and I read on the CIC webpage

Who can apply for an open work permit?

You may be eligible to apply for an open work permit if you are in one of the following situations:

You have a temporary resident permit valid for at least six months.

cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

Could I try to get an open work permit and if yes, for how long would it be valid? And even if CIC denies the open work permit application, would i be negative for my future Visa applications? Could "I bring my dependents with me" as long as the Baby is not a Dual Citizen? My Common Law Partner has a Company but a Canadian Immigration Consultant told us he can not help us with our case and it would be to hard to get a LMO and work permit, when Human Resources and CIC reads that he is my potential new employer and Common Law Partner.... Which other possibilities did we have so the Baby and me can stay and join the privilege to stay in Canada (until the Baby gets her Citizenship Certificate)?
BTW we do not want to go through Sponsorship Class Process...

Thanks so much for your help!!!!

 

[Swede]

My advice is:

1. Have your future husband sponsor your for permanent residency - you'll be eligible as a common law spouse if you've lived together for at least one, largely uninterrupted, year. If you're not eligible as common law you can get married and he can sponsor you as his wife. Why don't you want to use this path?
2. Tell the German government to get their scheiße straight and have the father registered as such. Else I don't know if your daughter can claim citizenship by descent as is her right.

 

[canuck_in_uk]

Could I try to get an open work permit and if yes, for how long would it be valid? And even if CIC denies the open work permit application, would i be negative for my future Visa applications?

No, you do not qualify for an open work permit. A temporary resident permit (TRP) is issued to people who are "otherwise inadmissible but have a reason to travel to Canada that is justified in the circumstances". As a visa-exempt German citizen, you do not need and can not get a TRP.

BTW we do not want to go through Sponsorship Class Process...

It's odd that you want to keep your family together so badly in Canada but you don't want to apply for sponsorship, the one option that would let you stay indefinitely....

 

[eileenf]

I do not believe the CIC will approve your daughter for birthright citizenship unless her father is on the birth certificate.
If you are not able to get him on the birth certificate, you partner will have to sponsor both you and her for permanent residence through the family class category and later apply for citizenship for you and your daughter based on meeting the residence (and other) requirements.

I suspect the CIC would view a family applying through an alternate category (work permit, etc.) with heightened suspicion, since it raises questions as to why you do not want to apply through the more appropriate category. They may question whether your work situation or your relationships are genuine. Such questions will likely undermine the expediency of your application.

 

[frege]

If your partner is not eligible to sponsor you, but would otherwise like to bring you and your child to Canada to live with him, I think you should talk to an immigration lawyer about your options, which would possibly be on humanitarian and compassionate grounds. Only if this is not possible or the lawyer recommends against it would I consider other ways of moving to Canada.

About your child's citizenship, one obvious route is to get legal advice in Germany about having the father listed on the birth certificate. If the authorities refused to list him on some whim, perhaps you can get the decision overturned. However, if that seems like it will take too long, or is legally impossible, you can also use DNA testing to establish parentage for Canadian citizenship purposes. Here is Section 5.3 of CIC operational manual CP 17:

"Parentage - documentation for proof applications

The following documents can be accepted to establish parentage between a child and a parent
who is a Canadian citizen:
- the child’s birth certificate showing the name of the child and the name of the parent; or
- results of a DNA test prepared by a company that has been accredited by the Standards
Council of Canada and whose results are accepted by CIC."

If you use a DNA test, you might want to talk to an immigration lawyer first to ensure you're following proper procedures. CIC might reject the test on a technicality otherwise. A DNA test will presumably also strengthen an H & C claim because it will establish paternity conclusively.