URGENT:My partner is 3-month pregnant & we want to shift to Canada(we're expats)

[Davidef]

Dear Sir/Ma'am,

I am an Italian citizen. I currently work in the Consulate General of Italy in Mumbai, India, and my Canadian partner, who works like me in India, is expecting a baby.
She plans to give birth in Canada (and therefore our baby will be considered born Canadian.)

Her and I would like to receive
information regarding the Visa options available to me, considering that we want to raise the baby together in Canada, without being separated in this moment, and that :

- I have already been to Canada and i have an ETA valid until 2017
-Her parents are disposed to provide shelter and financial support
- I am currently working as an employee at the Consulate General of Italy but i am disposed to leave my job to come and live in Canada with her.
- I have more than 10 thousand dollars of savings
- I have to give a two-month notice to leave my job and, in the future, look for another job in Canada
- My partner could be a sponsor, i guess, but she'll probably have to leave her current job (in India) to stay in Canada and quickly look for a new one
- We don't plan to get married soon

Also, if I am eligible to work:

how/from where can I apply and through which visa?

Given the situation that she is 3-month pregnant, I am the natural father and that when we return to Canada due to the pregnancy she'll probably be frictionally unemployed upon arrival ( for at least 12 months), what permanent residence/ working /nonworking visa options are open to me?

Could you please give us some guidance about the pros and cons of the options available to us ?
Thanking you

Davide

 

[scylla]

Is your partner a Canadian citizen or a Canadian PR?

Are you common law? Have you lived together continuously for at least one full year (and can you prove it)?

 

[Davidef]

Thank you so much for your quick reply.
I truly appreciate that.
My partner is a Canadian citizen and we will become common law in a few months.
Although we have been staying together for 1 year we have documented proof only of the last six months (rent agreement).

Her parents would house both of us, if possible and necessary.

 

[profiler]

Thank you so much for your quick reply.
I truly appreciate that.
My partner is a Canadian citizen and we will become common law in a few months.
Although we have been staying together for 1 year we have documented proof only of the last six months (rent agreement).

Her parents would house both of us, if possible and necessary.

Your baby will have Canadian citizenship by descent no matter where it's born.

Does your partner want to return home soon to also have a Canadian doctor monitor her pregnancy? If not, what timeline are you thinking for migration?

 

[scylla]

Your partner cannot sponsor you until you are either married or common law (and you must be able to prove that you have lived continuously for at least one year to succeed as common law). Since she is a Canadian citizen, she can apply to sponsor you from outside of Canada.

She should be aware that since she has been outside of the country for some time, she won't qualify for health care coverage until she has returned to Canada and lived here for three months. During those first three months, she will have to pay for any health care received herself or purchase insurance to cover these expenses.

 

[profiler]

@scylla: do you happen to know how long abroad she would have to be before health care is discontinued? I know Ontario it's 186 days...

Back to the original question: syclla is right about marriage or common-law.

If I were in this situation, I would probably travel back to Canada and apply inland. Agreed it does take longer, but in the context of a baby on the way, I would go this route.

 

[CaroM8]

@scylla: do you happen to know how long abroad she would have to be before health care is discontinued? I know Ontario it's 186 days...

I'm from Ontario, and have been living abroad for more than 2 years, with random short visits to Ontario here and there. My health card expired last year, and I was nervous to renew, since I haven't been in Ontario for the minimum amount required. But nothing happened. On one of my visits back home I went to a Service Ontario, renewed, took new picture, no questions asked.
I know this doesn't really answer your question, but it's my experience with OHIP.. Maybe it helped that I went to a Service Ontario office in the boonies, maybe they don't check as much... ?

 

[Davidef]

@scylla and profiler:
Thank you for your invaluable information. We want to shift to Canada asap..perhaps within 3 months. I plan to give my 2-month resignation notice very soon.
Two questions:

Assuming that the period for common partnership is provable and achieved (well, soon will be), perhaps by staying together in Canada at her parents' house (I have a valid ETA valid through August 2017):

is there any clause whatsoever that, given the peculiar situation, facilitates her sponsorship and makes sure that two parents can raise the baby together without being painfully separated by the material conditions?

Also, how and where can I apply for a working visa from within Canada, before I get my permanent residence?

 

[scylla]

is there any clause whatsoever that, given the peculiar situation, facilitates her sponsorship and makes sure that two parents can raise the baby together without being painfully separated by the material conditions?

Also, how and where can I apply for a working visa from within Canada, before I get my permanent residence?

- No such clause.
- Once she qualifies to sponsor you (i.e. you are married or common law) then she can chose to sponsor you using either the inland or outland process. The inland process takes a lot more time but comes with an open work permit. The open work permit will be issued approximately four months after the inland application is submitted. Otherwise in order to be able to work, you must first find an employer in Canada willing to offer you a full time job and that employer must obtain something called an approved LMIA (permission to hire a foreign worker) - so that you can then apply for a closed work permit.

 

[scylla]

I'm from Ontario, and have been living abroad for more than 2 years, with random short visits to Ontario here and there. My health card expired last year, and I was nervous to renew, since I haven't been in Ontario for the minimum amount required. But nothing happened. On one of my visits back home I went to a Service Ontario, renewed, took new picture, no questions asked.
I know this doesn't really answer your question, but it's my experience with OHIP.. Maybe it helped that I went to a Service Ontario office in the boonies, maybe they don't check as much... ?

Tread very carefully. I wouldn't use the health care card until you have been living in Canada for three months. We've seen OHIP go after a few people retroactively on this forum for situations such as the one you described.

 

[CaroM8]

Tread very carefully. I wouldn't use the health care card until you have been living in Canada for three months. We've seen OHIP go after a few people retroactively on this forum for situations such as the one you described.

Thanks for the warning! I'll keep that in mind once we move back to Canada!

 

[canuck_in_uk]

I'm from Ontario, and have been living abroad for more than 2 years, with random short visits to Ontario here and there. My health card expired last year, and I was nervous to renew, since I haven't been in Ontario for the minimum amount required. But nothing happened. On one of my visits back home I went to a Service Ontario, renewed, took new picture, no questions asked.

As scylla said, be very careful. What you did is actually healthcare fraud, as you do not qualify for coverage. You were supposed to inform OHIP when you left Canada so they could cancel your coverage. If you received medical attention on any of those visits to Ontario and OHIP finds out, they will go after you for repayment.

 

[profiler]

I'm from Ontario, and have been living abroad for more than 2 years, with random short visits to Ontario here and there. My health card expired last year, and I was nervous to renew, since I haven't been in Ontario for the minimum amount required. But nothing happened. On one of my visits back home I went to a Service Ontario, renewed, took new picture, no questions asked.
I know this doesn't really answer your question, but it's my experience with OHIP.. Maybe it helped that I went to a Service Ontario office in the boonies, maybe they don't check as much... ?

I've never actually tested it.. but good to know! Maybe advising OHIP is a good idea.. you'd still qualify, but just have to wait the 90 days...

 

[CaroM8]

As scylla said, be very careful. What you did is actually healthcare fraud, as you do not qualify for coverage. You were supposed to inform OHIP when you left Canada so they could cancel your coverage. If you received medical attention on any of those visits to Ontario and OHIP finds out, they will go after you for repayment.

I didn't actually use it, just got a new card.

 

[canadianwoman]

If your pregnant partner wants the birth to be covered in Canada, she should go back to Canada three months or more before the due date, so she can get her OHIP card back. If she is planning to live in a different province, she should check with that province about how long one has to be a resident before you can get health coverage.

You two have to live together for 12 continuous months to be considered common-law. Some of that time can be time you live together in Canada. You can come to Canada as a visitor and stay with her - this will be counted as part of the time to qualify as common-law, though make sure you get lots of proof of it.

When you are in Canada, you can then apply either inland or outland. With inland you can also get an open work permit, but it takes about 4 months to get the work permit. With an outland application, you might get the PR in only a few months longer than the 4 months needed for the inland work permit. Outland is generally better because it is much faster than inland.