Visa visa for pregnant spouse - is it possible?

[Masso]

Hi, My names Mass and I'm a Canadian Citizen working in Saudi Arabia. I recently got married in Saudi Arabia, last summer (2014), to my wife who currently has Pakistani nationality.

The expected due date for the baby is August 2015 and as such I would like for him to be born in Canada.

Would I be able to get her a visit visa just to give birth? Her father has a business invitation and is in the process to applying for his whole family including my wife. If she got a visa through that process, does she need to declare she is pregnant? And can she only travel with him.

I have residence in Canada.

I don't want to move back to Canada just yet as I have a decent job here. So we dont want to start the immigration process for her until we are ready to settle there. Just have the baby and come back.

Could I possibly get some advise on the best method to do this?

Thanks.

 

[scylla]

You don't have to declare that she is pregnant in the visitor visa application (I would avoid doing so). She should travel to Canada several months ahead of her pregnancy (preferably before she starts showing that she is visibly pregnant). Sometimes visitors to Canada are refused at the border if they are visibly pregnant and the officer suspects they are coming to Canada to have their child here.

Hopefully you are aware that you will have to pay for all of the costs of the delivery (and any pre-natal care) out of your own pocket.

If you are a Canadian citizen by birth or through immigration - you should be aware that your child will be entitled to Canadian citizenship even if he/she is born abroad.

 

[scylla]

Just to add - I'm not sure what you mean by "her father has a business invitation". Since your wife is now married, she cannot be included in her father's application either for PR status or for a visitor visa (she is no longer her father's dependent). She needs to apply on her own / independently. Note that to be approved for the visitor visa, she will need to demonstrate that she has strong ties to her country of residence and has no plans on remaining in Canada long term. This does tend to be more difficult to prove when you have a Canadian spouse.

 

[Masso]

Thanks for the reply.

Actually, she is currently still on her fathers PR as we have not transferred her over to my PR yet. So Technically, she is still a dependent according to her Saudi PR status. No name changes have occurred yet either on any of her documentation.

We do have a local marriage certificate but we didn't want to declare it at this time.

Would that be an issue?

Yes I am aware of the cost will be out of pocket, that is not an issue. But I was hoping to get insurance for the time period of visit.

What i meant by the business invitation, is that her father has applied for a business/pleasure visa for himself and his whole immediate family through his company which has international operations in Canada as well.'

We planned for her and her family to visit Canada this summer, as I return every summer for my annual vacations, and figured this would be the best way for all of them to visit. We just happened to get pregnant in the process.

So i wanted to figure out if there would be any hurdles due to this new development.

 

[scylla]

I'm going to be brutally honest - you are playing with fire.

Leaving her on her father's PR application will certainly become a huge issue once it's time for their visas to be issued. Failing to declare that she is now married and no longer a dependent is misrepresentation. Misrepresentation is punishable by having your PR status revoked and/or PR application refused - and a 5 year ban from Canada (not just for her - but the entire family). It doesn't matter what her Saudi status is. The only thing that matters is CIC's definition of "dependent" and she is no longer a dependent. I would remove her from the application as soon as humanly possible to avoid any risks to her family's application.

She needs to be removed from her father's business/pleasure visa as well since she is no longer a dependent. Very dangerous to include her - both for her current visa and any future sponsorship by you. Including her as a dependent of her father's is (once again) misrepresentation since she is now married to you. Once again, the five year ban from Canada would apply (to her and her entire family) - and this would then impact the PR application her father has in progress (PR applications can't be approved during a ban). Again - you need to remove her from both her father's PR application and the business/pleasure visa asap. For the business/pleasure visa - her father will have to withdraw and resubmit the application without her. Misrepresentation is not a game. It has the potential to mess up both your lives and her family's lives for a very long time. Tread very very carefully if you want a future in Canada.

As for insurance, unfortunately it's too late. The only insurance available to cover pregnancy & delivery related costs has to be purchased at least 10 months in advance of the birth (i.e. it has to be purchased before you get pregnant).

 

[Masso]

Thanks for the info.

Definitely do not want to do anything dishonest or risky. Hence why I wanted to ask.

I checked in after reading your response and verified if the application was already submitted, it hasn't.

We have just received an invitation letter upon which we could apply. Which we are reconsidering now, in her case.

Q1: How would her applying through her father be incorrect if currently her status is a dependent? In terms of her being included in his application? How would CIC verify she is married? Our marriage was done through local counts in according to islamic shariah law. As such I was under the impression that I would have to apply to get legally married in Canada again? As I assumed this local court marriage may not be recognized in Canada? Am i wrong in this regard?

Q2: If I do transfer her over to my PR as my dependent. Could I get her a multiple visit visa to Canada after having declared she is my wife? We do not want to apply for immigration just yet. Just so she can travel with me. Would this be acceptable? Again, what would i have to show them to prove that she is my wife? Her PR? Wedding photos?

Q3: Being Frank: I'm a Canadian who got married abroad and has a Pakistani wife. I want my kid to be born in Canada. Will Canada allow us to come and have my kid and return back?

 

[scylla]

1) Yes - you're wrong. Your current marriage is certainly valid in Canada if it is valid in the country where the marriage was conducted. You do not need to get married again in Canada. There are a number of ways CIC could find out she is married, including during the background check process.

2) You can't "transfer" her to your PR status. Her father needs to remove her from his application. You would then have to submit a separate application to sponsor her for PR status in Canada through the spousal sponsorship process. Since you are living outside of Canada, as part of the PR application, you will have to show proof that you plan to return to Canada to live there once her PR status is approved. Since you have no plans to move to Canada immediately, I would hold off on the PR application. Yes - once you're ready to submit the application you will have to include proof your relationship is genuine such as wedding photos, joint bank accounts, shared property, etc. This shouldn't be too difficult for you - especially if you have a child together.

3) The short answer is that it's impossible for any of us to say. Being a Canadian citizen unfortunately doesn't give your wife the "right" to have the child in Canada. She will need to apply for a tourist visa and hope it's approved. Assuming she gets the tourist visa and is allowed into Canada - she will have no issues having the child in Canada and then returning home. Again, make sure she applies for the tourist visa independently (not as her father's dependent).

Good luck - hope everything works out as planned.

 

[Masso]

Appreciate the info.

What are the realistic chances of her getting a tourist visa if she is married to a Canadian?

From what we have heard, we would be told to apply for a PR and move back? Do you feel is this true?

(In Saudi Arabia an expatriate woman must be on her father's or husband's PR, if not sponsored by an employer. Hence what i meant by "transfer", regarding her Saudi PR status. From her fathers to mine)

But the question remains, she is Pakistani, not Saudi. And has a Pakistani passport. Her legal status has no mention of being married? So how will her being married come up, even with a background check?