Will miss RO by 1 Month due to ongoing Pregnancy - Please suggest

[Benny2021]

Hi All,

How are you doing?

Me and my wife are in USA currently.

We soft landed in May 26th 2018 and immediately returned back to USA for my wife's Medical treatment.

My wife is currently pregnant and is expected to Deliver my baby in this May 2021.

We know that if we wont be in Canada by May 24th 2021 we will miss our RO.

I still want to try to enter Canada via Land Crossing with my wife & my new born baby in start of June or end of May.

In the event we miss our RO, can you please suggest on the below points:

1. My baby will be US citizen by Birth, we were told that we can take the baby in to Canada on baby's Birth Certificate and Passport.
If I miss my RO Can I Apply PR for my Baby if CBSA allows us in to Canada without revoking our PR as soon as we are in Canada? When can I apply PR for my Baby if i miss my RO?

2. Will there be any issue with baby's legal status if I miss the RO as baby stays with us even after 6 months in Canada and we cannot apply PR for baby?

3. Can I apply PR from USA for my Baby as soon as Baby is born?

4. If I miss my RO, Will I be eligible to apply for Canadian Citizenship after 3 years continuous stay like from June 2021 to July 2024? Or Do I have to complete 3 more years like till 2026 or so as i wont be able to meet 3 years in 5 years clause from my initial PR?

5. Can we get any extension from IRCC explaining my situation? If so what would be the best way to contact IRCC - through phone?

Thanks! in Advance

 

[scylla]

Hi All,

How are you doing?

Me and my wife are in USA currently.

We soft landed in May 26th 2018 and immediately returned back to USA for my wife's Medical treatment.

My wife is currently pregnant and is expected to Deliver my baby in this May 2021.

We know that if we wont be in Canada by May 24th 2021 we will miss our RO.

I still want to try to enter Canada via Land Crossing with my wife & my new born baby in start of June or end of May.

In the event we miss our RO, can you please suggest on the below points:

1. My baby will be US citizen by Birth, we were told that we can take the baby in to Canada on baby's Birth Certificate and Passport.
If I miss my RO Can I Apply PR for my Baby if CBSA allows us in to Canada without revoking our PR as soon as we are in Canada? When can I apply PR for my Baby if i miss my RO?

2. Will there be any issue with baby's legal status if I miss the RO as baby stays with us even after 6 months in Canada and we cannot apply PR for baby?

3. Can I apply PR from USA for my Baby as soon as Baby is born?

4. If I miss my RO, Will I be eligible to apply for Canadian Citizenship after 3 years continuous stay like from June 2021 to July 2024? Or Do I have to complete 3 more years like till 2026 or so as i wont be able to meet 3 years in 5 years clause from my initial PR?

5. Can we get any extension from IRCC explaining my situation? If so what would be the best way to contact IRCC - through phone?

Thanks! in Advance

1) Yes, you can take your baby to Canada based on the baby's passport. Either you or your spouse must meet the residency requirement in order to sponsor your child for Canadian PR. If you do not meet RO, don't sponsor your child until you have lived in Canada long enough to meet this requirement.
2) No issues. You'll just apply to extend your baby's stay in Canada.
3) No. Either you or your spouse must be living in Canada to qualify to sponsor the baby.
4) You will be eligible if you stay from June 2021 to July 2024 without leaving.
5) No.

 

[Benny2021]

Thank You! so much Scylla

 

[canuck78]

Hi All,

How are you doing?

Me and my wife are in USA currently.

We soft landed in May 26th 2018 and immediately returned back to USA for my wife's Medical treatment.

My wife is currently pregnant and is expected to Deliver my baby in this May 2021.

We know that if we wont be in Canada by May 24th 2021 we will miss our RO.

I still want to try to enter Canada via Land Crossing with my wife & my new born baby in start of June or end of May.

In the event we miss our RO, can you please suggest on the below points:

1. My baby will be US citizen by Birth, we were told that we can take the baby in to Canada on baby's Birth Certificate and Passport.
If I miss my RO Can I Apply PR for my Baby if CBSA allows us in to Canada without revoking our PR as soon as we are in Canada? When can I apply PR for my Baby if i miss my RO?

2. Will there be any issue with baby's legal status if I miss the RO as baby stays with us even after 6 months in Canada and we cannot apply PR for baby?

3. Can I apply PR from USA for my Baby as soon as Baby is born?

4. If I miss my RO, Will I be eligible to apply for Canadian Citizenship after 3 years continuous stay like from June 2021 to July 2024? Or Do I have to complete 3 more years like till 2026 or so as i wont be able to meet 3 years in 5 years clause from my initial PR?

5. Can we get any extension from IRCC explaining my situation? If so what would be the best way to contact IRCC - through phone?

Thanks! in Advance

Your child needs their travel documents so travelling in May is unlikely and even June seems unlikely. Given that you can currently get healthcare without waiting period in almost all of Canada your choice to not meet your RO seems to be more of your desire for your child to get US citizenship and not about the pregnancy. In most provinces your child will not qualify for health coverage for around 2.5-3 years so you’ll need to purchase emergency healthcare coverage and then pay for routine care.

 

[armoured]

We know that if we wont be in Canada by May 24th 2021 we will miss our RO.

I still want to try to enter Canada via Land Crossing with my wife & my new born baby in start of June or end of May.

Nothing has really changed from the previous time you asked basically the same questions:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-residency-obligation.720171/#post-9187908

If one of you returns before the relevant date so as to be in compliance with RO, that parent can sponsor your child (with sooner access to health insurance).

 

[Benny2021]

Thank You!!! Everyone.

 

[armoured]

Thank You!!! Everyone.

To reiterate mostly what I wrote in that other thread: the logical and I think inescapable conclusion is that YOU should really give serious consideration to returning to Canada as soon as possible and 'banking' some time towards your RO. If you do so now, for example, by May 15 you would have ~60 days in which to return, be present for the birth of your child, prepare for and eventually return to Canada. If you do so while in compliance with RO, you, your wife (and in relatively short order but possibly not immediately) and your child will have health insurance. You will be able to sponsor your child. You will have some 'room' for contingencies that could come up.

If you do not, you will face a mounting wall of challenges and issues - esp health insurance for your child.

If you and your spouse are serious - and it sounds like this is (at present) your main and possibly only immediate plan - you should give serious consideration to it, and soon.

If you are not serious about returning to Canada to reside permanently, that's fine and it's your right, of course.

I understand it is not ideal to leave work and/or your spouse while she is expecting, so not easy. But the alternatives down the road may be much less easy.

 

[Naheulbeuck]

the logical and I think inescapable conclusion is that YOU should really give serious consideration to returning to Canada as soon as possible and 'banking' some time towards your RO

It cannot be understated that this is by far the best course of action for you and your family if you want to move to Canada. The difference is very significant as it is not a matter of a few weeks or taking a risk or not at the border, the real difference maker here is that if you do move now, you are in compliance with your RO even if you spent only a short period of time in Canada, will support your case if your wife is reported for non compliance (or give you the option to sponsor her) but also allow you to apply right away for the Baby.
Combine that with the fact that, as Canuck78 mentioned, you will be unlikely to be able to travel in May or June as you will need your child's passport and that can take some time, and the fact that your healthcare costs will be significantly higher if you don't move now, the cost benefit in your situation is so significant that it should seriously be urgently considered.

 

[canuck78]

It cannot be understated that this is by far the best course of action for you and your family if you want to move to Canada. The difference is very significant as it is not a matter of a few weeks or taking a risk or not at the border, the real difference maker here is that if you do move now, you are in compliance with your RO even if you spent only a short period of time in Canada, will support your case if your wife is reported for non compliance (or give you the option to sponsor her) but also allow you to apply right away for the Baby.
Combine that with the fact that, as Canuck78 mentioned, you will be unlikely to be able to travel in May or June as you will need your child's passport and that can take some time, and the fact that your healthcare costs will be significantly higher if you don't move now, the cost benefit in your situation is so significant that it should seriously be urgently considered.

During covid it is not that easy to leave the US to bank time in Canada. You will not only have increased costs but it may not be possible due to work obligations. There is also the fact that you could get stuck in Canada while your wife goes into labour or needs medical care. Given pregnant women can have much more significant covid symptoms it wouldn’t be advisable to do a lot of traveling unless you could then quarantine from your spouse for 14 days.