Please Advice
Aug 20th 2009, 9:36 pm
#1
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Joined: Feb 2009
Posts: 39
Please Advice
I have recently received a letter from canadian immigration stating that my application has be complete and they have requested to mail my passports to them. Does it mean my application for permanent residence has been APPROVED? or they will do background check later?
Besides that my wife just got pregnant, now if my child born before I enter in Canada, how would I deal with that situation? or I should let them know and they will approve my future coming child as well?
Your feedback will be much appreciated
Besides that my wife just got pregnant, now if my child born before I enter in Canada, how would I deal with that situation? or I should let them know and they will approve my future coming child as well?
Your feedback will be much appreciated
Aug 20th 2009, 9:51 pm
#2
Joined: May 2004
Posts: 4,483
Re: Please Advice
Your application is complete and approved. If your wife has the child in Canada you will save yourself a lot of time and frustration. I would not advise any other course of action.
Aug 21st 2009, 1:50 pm
#3
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Re: Please Advice
Thanks for quick reply. I agree with you but I mention them that my wife is pregnent, will they hold my approved status till my child born and will approve him aswell after his medical? at that point do myself, wife and son has to re-do our medicals? or they will deny my case and will say that I have to apply again when my child borns.
Aug 21st 2009, 2:33 pm
#4
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Re: Please Advice
Your passports will arrive very shortly and then you can move to Canada with them. Get yourself and your family to Canada as soon as you can and do it before your child is born if at all possible.
That way, if your child is born in Canada, it is automatically a Canadian citizen and all your problems are sorted easily.
If you don't manage that then you're going to have quite an issue with CIC as your family won't be able to land with you. From other posts on this forum you may have to go through the whole process again.
You and your wife have already had the medicals. You don't need to do it again. Your wife's pregnancy doesn't change that but the birth will. Your visa will be valid for a year after the medicals you had. You need to land in that time. If your family size changes in that time then you'll have a problem.
Take Jim's advice. Have the child born here.
That way, if your child is born in Canada, it is automatically a Canadian citizen and all your problems are sorted easily.
If you don't manage that then you're going to have quite an issue with CIC as your family won't be able to land with you. From other posts on this forum you may have to go through the whole process again.
You and your wife have already had the medicals. You don't need to do it again. Your wife's pregnancy doesn't change that but the birth will. Your visa will be valid for a year after the medicals you had. You need to land in that time. If your family size changes in that time then you'll have a problem.
Take Jim's advice. Have the child born here.
Aug 21st 2009, 2:54 pm
#5
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Joined: Feb 2009
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Re: Please Advice
Your passports will arrive very shortly and then you can move to Canada with them. Get yourself and your family to Canada as soon as you can and do it before your child is born if at all possible.
That way, if your child is born in Canada, it is automatically a Canadian citizen and all your problems are sorted easily.
If you don't manage that then you're going to have quite an issue with CIC as your family won't be able to land with you. From other posts on this forum you may have to go through the whole process again.
You and your wife have already had the medicals. You don't need to do it again. Your wife's pregnancy doesn't change that but the birth will. Your visa will be valid for a year after the medicals you had. You need to land in that time. If your family size changes in that time then you'll have a problem.
Take Jim's advice. Have the child born here.
That way, if your child is born in Canada, it is automatically a Canadian citizen and all your problems are sorted easily.
If you don't manage that then you're going to have quite an issue with CIC as your family won't be able to land with you. From other posts on this forum you may have to go through the whole process again.
You and your wife have already had the medicals. You don't need to do it again. Your wife's pregnancy doesn't change that but the birth will. Your visa will be valid for a year after the medicals you had. You need to land in that time. If your family size changes in that time then you'll have a problem.
Take Jim's advice. Have the child born here.
Please advice ....
Aug 21st 2009, 2:56 pm
#6
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Re: Please Advice
I agree with you all and appreciate your feedback. However here is the situation with me, Currently I live in USA and has also applied for USA immigration, and i am expecting decession in next couple of months. One of my son already born in USA and is US citizen, if my 2nd child borns here, he will be US citizen as well. Candian immigration has asked to send passports by sept 30th, 2009 and I am not sure if I would know my USA immigration case by that time or not. Since Canada allows dual citizenship, I am wondering if I disclose to Canadiam immigration that my wife is pregnant, than it will buy me time to sort out my USA immigration status as well. However I don't know if I tell Canadian immigration that my wife is pregnant, will they hold my approved status till my child is bornd and upon his birth i can send his paper work to get approved along with us? So major question is weather Candian immigration will hold my and my current family's APPROVED status till my new child borns and I submit his/her paper work for approval? the only implication might be re-doing my and family's medicals? or they won't hold my approved status and I have to start all over again, since some of my documents will be old by than?
Please advice ....
Please advice ....
Aug 21st 2009, 3:27 pm
#7
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Location: North Vancouver
Posts: 97
Re: Please Advice
So do you intend to live in Canada or the USA?
Aug 21st 2009, 5:24 pm
#9
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Posts: 97
Re: Please Advice
Nevertheless if you don't submit your passport within the timescale the chance is the CIC will assume you don't want to proceed and your case will be closed. I don't think they will accept the reason for not submitting your passports as a legitimate reason for an extension.
Aug 21st 2009, 5:26 pm
#10
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Re: Please Advice
Which is pretty irrelevant. I assume from your posts that you aren't a US citizen and you clearly aren't a Canadian citizen. What exactly is your status in the US? You can't be a permanent resident of two countries and Immigration in both countries tend to work on the assumption that someone applying to live in their country actually want to, you know, live in that country.
I would like to availble both opportunities at this time, so I can make my mind accordingly i.e. based on better job opportunity and children education.
I think that the time to make your mind up is very rapidly approaching.
Aug 21st 2009, 7:39 pm
#11
Joined: Sep 2008
Posts: 12,830
Re: Please Advice
If you have PR in Canada and do not meet the residency requirements of a PR 2 years in 5, you will lose it. If you have another child before landing in Canada I believe you have to start the process again and reapply for PR for you all. If you both land and then have a child out of the country you have to sponsor that child and then apply for PR for that child.
CIC are not going to bend to your 'special circumstances', they don't and should not care. It is your choice what you do and your responsibility to ensure you meet the obligations of landing and residency.
You only have the option of dual citizenship once you are a citizen.
CIC are not going to bend to your 'special circumstances', they don't and should not care. It is your choice what you do and your responsibility to ensure you meet the obligations of landing and residency.
You only have the option of dual citizenship once you are a citizen.
Aug 21st 2009, 8:01 pm
#12
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Joined: Oct 2008
Posts: 422
Re: Please Advice
However I don't know if I tell Canadian immigration that my wife is pregnant, will they hold my approved status till my child is bornd and upon his birth i can send his paper work to get approved along with us?
You cannot extend the validity of a visa and the unborn child does not have one. Should you and your family attempt to claim PR once the child have been born then the child would not be a permanent resident because he or she would not have a visa.
Assuming your child is born in the US and therefore get US citizenship the child may be able to enter Canada as a visitor without a visa. This would normally be limited to 6 months at a time. Each time the 6 months is up the child would need to leave and come back or risk being an overstayer. Each time you do this you run the risk that the border officer will refuse to let the child enter the country.
In order to get your unborn child PR you would need to apply to sponsor him or her. To do this for a dependent child you need 12 months of salary records from Canada before you can even start the process. Once you apply it may take 6 months for the application to be processed at Buffalo, NY.
I've been on a search through the Operations Manuals and I can find nothing on how to add a child to a PR application at this late stage. Even if I did I doubt it would apply because your application is so very nearly complete.
If you want to live in Canada then ensure the child is born here. Otherwise you will face a great deal of difficult.
By the way, if you want to succeed in either the US or Canada can I suggest that you invest in some English lessons for at least yourself. You will be much, much more of a success if you can communicate well.
From CIC Operations Manual OP1 - Procedures
5.28 Extending the validity of visas
The validity of a permanent resident visa may not be extended. Nor can replacement visas be
issued with a new validity date. If foreign nationals do not use their visas, they must make a new
application for a permanent residence visa.
They must also pay a new application processing fee. If they have paid a right of permanent
resident fee (RPRF), they do not need to pay it again. The RPRF may be collected only once.
Sometimes, due to factors beyond their control, applicants receive visas that are valid for less
than two months. If they cannot travel before their visas expire, officers should update whichever
requirement (e.g., medical) was used to set the visa validity. When a new validity date has been
obtained, a new visa will be issued.
The validity of a permanent resident visa may not be extended. Nor can replacement visas be
issued with a new validity date. If foreign nationals do not use their visas, they must make a new
application for a permanent residence visa.
They must also pay a new application processing fee. If they have paid a right of permanent
resident fee (RPRF), they do not need to pay it again. The RPRF may be collected only once.
Sometimes, due to factors beyond their control, applicants receive visas that are valid for less
than two months. If they cannot travel before their visas expire, officers should update whichever
requirement (e.g., medical) was used to set the visa validity. When a new validity date has been
obtained, a new visa will be issued.
Aug 22nd 2009, 3:27 am
#13
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Joined: May 2004
Posts: 9,708
Re: Please Advice
Hi
1. If the child is born before the OP "lands" then their visa is no longer valid and they have to return the visas and add the child to the application. If the visa expires before they "land" then they start from scratch.
2. If the parents "land" and return to the US where the child is born, the child enters Canada as a visitor (you can apply for extensions in Canada) and the child would be sponsored through Buffalo.
3. You don't require "12 months of employment" to sponsor a child, you just cannot be on welfare except for disability. You don't have to meet the LICO.
I don't know how many different ways you need to be told that the idea above will not work.
You cannot extend the validity of a visa and the unborn child does not have one. Should you and your family attempt to claim PR once the child have been born then the child would not be a permanent resident because he or she would not have a visa.
Assuming your child is born in the US and therefore get US citizenship the child may be able to enter Canada as a visitor without a visa. This would normally be limited to 6 months at a time. Each time the 6 months is up the child would need to leave and come back or risk being an overstayer. Each time you do this you run the risk that the border officer will refuse to let the child enter the country.
In order to get your unborn child PR you would need to apply to sponsor him or her. To do this for a dependent child you need 12 months of salary records from Canada before you can even start the process. Once you apply it may take 6 months for the application to be processed at Buffalo, NY.
I've been on a search through the Operations Manuals and I can find nothing on how to add a child to a PR application at this late stage. Even if I did I doubt it would apply because your application is so very nearly complete.
If you want to live in Canada then ensure the child is born here. Otherwise you will face a great deal of difficult.
By the way, if you want to succeed in either the US or Canada can I suggest that you invest in some English lessons for at least yourself. You will be much, much more of a success if you can communicate well.
From CIC Operations Manual OP1 - Procedures
You cannot extend the validity of a visa and the unborn child does not have one. Should you and your family attempt to claim PR once the child have been born then the child would not be a permanent resident because he or she would not have a visa.
Assuming your child is born in the US and therefore get US citizenship the child may be able to enter Canada as a visitor without a visa. This would normally be limited to 6 months at a time. Each time the 6 months is up the child would need to leave and come back or risk being an overstayer. Each time you do this you run the risk that the border officer will refuse to let the child enter the country.
In order to get your unborn child PR you would need to apply to sponsor him or her. To do this for a dependent child you need 12 months of salary records from Canada before you can even start the process. Once you apply it may take 6 months for the application to be processed at Buffalo, NY.
I've been on a search through the Operations Manuals and I can find nothing on how to add a child to a PR application at this late stage. Even if I did I doubt it would apply because your application is so very nearly complete.
If you want to live in Canada then ensure the child is born here. Otherwise you will face a great deal of difficult.
By the way, if you want to succeed in either the US or Canada can I suggest that you invest in some English lessons for at least yourself. You will be much, much more of a success if you can communicate well.
From CIC Operations Manual OP1 - Procedures
2. If the parents "land" and return to the US where the child is born, the child enters Canada as a visitor (you can apply for extensions in Canada) and the child would be sponsored through Buffalo.
3. You don't require "12 months of employment" to sponsor a child, you just cannot be on welfare except for disability. You don't have to meet the LICO.
