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Us Citizen immigrating to Canada with Baby

Calgary1234

Newbie
Jul 4, 2018
2
0
I wasn't sure where to post this, but since the end goal is family sponsorship and probably citizenship I figured it should be fine here.

Background: I am a Canadian citizen (male) who met an American girl while working abroad for a year, and we entered into a relationship then, and are still in one. She is currently pregnant and back in the US living with her family, and I'm back in Canada (Alberta). She doesn't have a university degree, but is eventually interested in getting one. She will give birth in about 3 months from now (October), and we're already looking into ways that she could possibly come to Canada. She is going to give birth of course in the US because she currently has medicare coverage, and will likely stay there for a while after to get any afterbirth care she needs. Rushing her into Canada before this while she likely has no healthcare coverage as a visitor in Canada seems pointless and expensive.

From the options I can see on the CIC website, common law is basically the only option outside of marriage, and you guys have repeatedly said on this forum that conjugal status is basically impossible for American citizens to get, and in general so difficult to get that it's basically a waste of time anyway. We have a baby on the way, so I can't stress enough how important it is that this stuff starts going forward and how serious I am about making it happen.

I'll be honest, the CIC website is pretty vague and annoying outside of information about the actual forms or qualifications. They don't really give you any information on how to make something like common law actually happen (living together 1 year at min at same address), which makes me really consider that the liberal government really doesn't actually care much about "reuniting families".

So this is where I need help from you guys! Here's some main questions I have.

How could we get to a year together to even begin the application process for common law?

She has to enter Canada at some point so we can begin living at the same address. So what is a good method of her getting across the border (definitely going to be a land border crossing with her stuff in her vehicle)? I've heard dual intent is ok, but then the CIC wants to be told that you'll also leave. So what's the way around this double speak? Is there an estimate on a specific dollar amount she should have in a bank account?

Since she is American, does she need a TRV, or can she just come in as a visitor? After that do we extend her visa for the year? The fact that we have a child together (that will also be a Canadian citizen) seems like a pretty good reason to me for extending her stay, but do you think immigration is going to accept that?

Can she eventually work while we are in the process of waiting this year before starting the common law application? How would that work and does she need a different visa? I already have a place to live where she the baby and I could live, and I could just work and support us, but she would likely want to work as well at some point. I also personally think if she had employment it would probably strengthen our case for eventually getting permanent resident status.

After the baby is born, I will apply for Canadian citizenship for her. Is this a difficult process, or is it just an application with the proper documents and a wait time? Is there anything else to be aware of?

Could she register her american car in Canada? What kind of cost would it be, and is it possible on a visitor visa?

The baby would get healthcare as a citizen once her citizenship is granted, but what about my girlfriend? She definitely wouldn't receive it as a visitor, but if she were hired could she get on it through a company?

It wasn't my intention to write a post this long, but I'd rather give you guys more information than a "coming to Canada in 2 days, wat do?" post that I've seen on this forum plenty of times. There is also still quite a long time til she will ever come up to Canada, so I'm trying to do all the planning and preparation for this beforehand.

Responses are greatly appreciated and needed.

Thank you.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I wasn't sure where to post this, but since the end goal is family sponsorship and probably citizenship I figured it should be fine here.

Background: I am a Canadian citizen (male) who met an American girl while working abroad for a year, and we entered into a relationship then, and are still in one. She is currently pregnant and back in the US living with her family, and I'm back in Canada (Alberta). She doesn't have a university degree, but is eventually interested in getting one. She will give birth in about 3 months from now (October), and we're already looking into ways that she could possibly come to Canada. She is going to give birth of course in the US because she currently has medicare coverage, and will likely stay there for a while after to get any afterbirth care she needs. Rushing her into Canada before this while she likely has no healthcare coverage as a visitor in Canada seems pointless and expensive.

From the options I can see on the CIC website, common law is basically the only option outside of marriage, and you guys have repeatedly said on this forum that conjugal status is basically impossible for American citizens to get, and in general so difficult to get that it's basically a waste of time anyway. We have a baby on the way, so I can't stress enough how important it is that this stuff starts going forward and how serious I am about making it happen.

I'll be honest, the CIC website is pretty vague and annoying outside of information about the actual forms or qualifications. They don't really give you any information on how to make something like common law actually happen (living together 1 year at min at same address), which makes me really consider that the liberal government really doesn't actually care much about "reuniting families".

So this is where I need help from you guys! Here's some main questions I have.

How could we get to a year together to even begin the application process for common law?

She has to enter Canada at some point so we can begin living at the same address. So what is a good method of her getting across the border (definitely going to be a land border crossing with her stuff in her vehicle)? I've heard dual intent is ok, but then the CIC wants to be told that you'll also leave. So what's the way around this double speak? Is there an estimate on a specific dollar amount she should have in a bank account?

Since she is American, does she need a TRV, or can she just come in as a visitor? After that do we extend her visa for the year? The fact that we have a child together (that will also be a Canadian citizen) seems like a pretty good reason to me for extending her stay, but do you think immigration is going to accept that?

Can she eventually work while we are in the process of waiting this year before starting the common law application? How would that work and does she need a different visa? I already have a place to live where she the baby and I could live, and I could just work and support us, but she would likely want to work as well at some point. I also personally think if she had employment it would probably strengthen our case for eventually getting permanent resident status.

After the baby is born, I will apply for Canadian citizenship for her. Is this a difficult process, or is it just an application with the proper documents and a wait time? Is there anything else to be aware of?

Could she register her american car in Canada? What kind of cost would it be, and is it possible on a visitor visa?

The baby would get healthcare as a citizen once her citizenship is granted, but what about my girlfriend? She definitely wouldn't receive it as a visitor, but if she were hired could she get on it through a company?

It wasn't my intention to write a post this long, but I'd rather give you guys more information than a "coming to Canada in 2 days, wat do?" post that I've seen on this forum plenty of times. There is also still quite a long time til she will ever come up to Canada, so I'm trying to do all the planning and preparation for this beforehand.

Responses are greatly appreciated and needed.

Thank you.
You have not explained why marriage is not a viable option...
 

Calgary1234

Newbie
Jul 4, 2018
2
0
You have not explained why marriage is not a viable option...
To be honest, I think marriage is probably going to have to be the option, and it seems like it's the only option immigration Canada seems to like (they are in need of a serious overhaul on this point), but I just want advice on how one would do it if they went through common law as well.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
To be honest, I think marriage is probably going to have to be the option, and it seems like it's the only option immigration Canada seems to like (they are in need of a serious overhaul on this point), but I just want advice on how one would do it if they went through common law as well.
The traditional way of gaining common-law status is for one member of the pair to "visit, NOT move" to Canada and live together, extending visitor status as required to make a full 12 months of physical cohabitation. Then you can apply as common-law partners.. IRCC actually make this relatively easy. In the UK, for example, it's 2 years before you qualify as "common-law".
 
Last edited:

mrs_december

Star Member
Jun 10, 2017
195
84
BC
Category........
FAM
Visa Office......
Mississauga
App. Filed.......
03-05-2018
AOR Received.
09-06-2018
File Transfer...
26-06-2018
Med's Request
18-06-2018
Med's Done....
06-07-2018
Passport Req..
22-08-2018
VISA ISSUED...
29-08-2018
LANDED..........
02-09-2018
From the options I can see on the CIC website, common law is basically the only option outside of marriage, and you guys have repeatedly said on this forum that conjugal status is basically impossible for American citizens to get, and in general so difficult to get that it's basically a waste of time anyway. We have a baby on the way, so I can't stress enough how important it is that this stuff starts going forward and how serious I am about making it happen.

I
Conjugal applications are impossible for Canadian and American couples. The definition of a conjugal application is that there are legal or immigration barriers that prevent you from marrying or living in a marriage-like (common law) relationship. This is generally referring to countries where, for example, a same-sex couple might be in danger of living openly, or would be prosecuted for their relationship, or if it was not possible for one or the other person to visit in their particular country. Since Americans and Canadians have basically open borders with no impediments legally to any form of relationship, you'd have no legal leg to stand on to defend such an application. Therefore, marriage and common law are your only two family options.

How could we get to a year together to even begin the application process for common law?

She has to enter Canada at some point so we can begin living at the same address. So what is a good method of her getting across the border (definitely going to be a land border crossing with her stuff in her vehicle)? I've heard dual intent is ok, but then the CIC wants to be told that you'll also leave. So what's the way around this double speak? Is there an estimate on a specific dollar amount she should have in a bank account? I
To be really honest, your best bet here is marriage. You could apply as a married couple for her permanent residence as soon as she arrives in Canada if you are married. If you are just dead set against marriage for whatever reason, then you will have to live together for 12 uninterrupted months. If she crosses at a land border, then if she shows up with a car load of her belongings, you can expect she's going to get turned right around and told to go home. You cannot appear to be moving to Canada, you're coming as a visitor only. That means a couple of suitcases of clothing and the baby's necessaries, and nothing else. She needs to tell the border officer that she's going to visit her husband, would like to stay 6 months, and is willing and able to leave Canada if required. She needs to have some money in the bank to prove that she can support herself while in Canada. I think that, if feasible, it's much easier to prove intent to leave if you arrive by air, but if you have to bring the car, then just make it obvious that you aren't trying to move.

She does not need a TRV. As an American she can cross the border and stay up to 6 months on her passport. 30 days before that 6 months is up, she can apply for a 6 month extension for the purposes of establishing common law. That would give you the year of cohabitation. However, you cannot apply for her residence until that year is complete, and she cannot work in any way during that year. You will be responsible solely for the financial support of your partner.

Your baby's citizenship paperwork is the matter of some forms, application for passport, and a brief wait. Go ahead and look up what you need on the CIC website (https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/apply.html) and be ready to send it in as soon as the baby is born.

In terms of the PR application, you should spend some time reading up on the CIC website (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship.html) and this forum for information on how to go about the process and which options would best fit your family.

You cannot register a car in Canada as a visitor. She would be responsible for maintaining her registration, insurance, and payments (if any) in the US while in Canada. In terms of healthcare, she would not be eligible for healthcare in Canada until the application process was complete (or at least in process, depending on your province), so you would need to procure some private insurance to cover her during her stay.

Hopefully this is helpful to you and gives you a place to start researching your options. Best of luck.
 

Canucks and Hawks

Hero Member
May 1, 2018
292
44
Yeah, unless you guys can live in another country for a year under another visa to get common law status, marriage is your best option. Or if your wife is eligible for any other visas in Canada to get common law status (12 consecutive months living together).