TheBaldricks

Hi,

I'm wondering if someone could please help me?

I obtained Canadian citizenship through my Mum and have successfully sponsored my husband to become a permanent resident.

We live in London and want to move soon but have had a baby. My husband goes to Canada next month to activate his visa before the expiry date then we hope to move shortly after.

Can I sponsor our baby when we get to Canada or do I have to do it before?

I'd appreciate the help.

Thanks!

christmasoompa

Be very careful - if your husband 'lands' to activate his visa and you haven't updated CIC on his change of circumstances, then you could (a) never be able to sponsor the baby; and (b) have your husbands PR revoked for misrepresentation. See the below from CIC -

"Applicants must declare all family members when applying for a visa and must again declare all family members, whether accompanying or not, prior to obtaining permanent resident status. Permanent residents who did not declare all their family members on their application are reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5 below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether accompanying or not, must be examined, unless the appropriate officer determines that they are not required by the Act or the former Act to examine the family member [R117(10)]. Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies.

All family members, whether accompanying the principal applicant or not, are required to be examined unless an officer decides otherwise. Normally, an inadmissible family member, whether accompanying or not, would render the principal applicant inadmissible."

When was the baby born and when did your husband get his COPR? I assume the baby definitely isn't a citizen already?

TheBaldricks

My husband got his CORP in the summer and baby was born November.

He emailed them before she was born and got no reply.

He has now emailed them again and is waiting on a reply.

The London office got back to him to say they couldn't help so he emailed Ottawa.

So we are just waiting on a reply, we don't know what to do and don't want to do anything wrong.

Thank you for your reply.

PB65

Does this link help to a degree http://www.cic.gc.ca/english/helpcen...qnum=365&top=5

christmasoompa

Ok, just make sure he doesn't land before she's been added!

How have you emailed them, have you sent a case specific email? Keep the auto response to prove you emailed and tried to add her before he got PR.

I'm not sure if you can add your daughter to the sponsorship application now (which would have been the easiest option), I think you'll have to sponsor her as a new application unfortunately, but do make sure CIC are informed of the change in your husbands circumstances ASAP.

As for your question, ideally you'd start the sponsorship process before you move, and you can then go once you've got proof that her sponsorship is underway.

HTH, good luck.

TheBaldricks

We found this link and thought great, she is automatically a citizen! But I enquired about this before she was born on this website and someone told me that she would not aromatically be a citizen because she is second generation?!

TheBaldricks

We couldn't add her to the application until she was born but by the the CORP came through

Snowy560

Canadian citizenship law is quite complicated but since 2009 (I think April, 2009), usually the second generation born outside Canada does not acquire Canadian citizenship. As the OP says she's a citizen via her mum, this suggests she is the first generation born outside Canada and the new baby is the second (unless, of course, the OP is a naturalized Canadian citizen):

I am Canadian. My children were born outside Canada. Are they Canadian?

Christmas is spot on: ensure the child is declared. Even if it delays your husband's landing. The law is very clear on undeclared family members and their exclusion from the family class. In fact, there has been a case about this quite recently, which hit the news in Canada. This story may turn out okay, but it's been a long fight for the family:

Tears of joy greet little Daksh Sood as he is finally reunited with parents in Ottawa | Ottawa Citizen

S

christmasoompa

Aromatically - quite appropriate for a baby!

Generally, it's unlikely that your child would be a citizen, as citizenship by descent is now limited to the first generation, but if you look at the citizenship guide it clearly tells you the exceptions to that rule, so you can check and see if your daughter would come under any of them.

HTH.

TheBaldricks

My baby was born AFTER my husband got his CORP. In that story the couple bad a baby BEFORE. This is different. We couldn't declare a baby that wasn't born when he got the CORP.

He has just messaged me saying that they got back to him and that she needs to be adoes before he lands. So they need her passport and birth certificate. She hasn't got a pssport yet but we can send the certificate.

I'm so nervous that things are going to go wrong.

Snowy560

Agreed but the essence is the same: that the child still needs to be declared prior to landing or the outcome is likely to be similar.

Things are not going to go wrong if you do as instructed (which you are doing!). Although it may delay things, it will turn out okay in the end. I would get a passport for the baby (I'm sure you're on to this).


S

TheBaldricks

Yes I'm waiting on mine first before u can get hers.

I renewed my Canadian passport but need to renew my UK one.

Snowy560

I know this is all a bit of an administrative nightmare for you and I'm sure very stressful along with caring for a new baby. Take it easy and keep going.

Keep us updated! I would like to know how it turns out if you are able to share.


S

TheBaldricks

Thank you!

My husband goes to Canada 25th of March!

I will send my passport application ASAP for an emergency passport then send for hera.

I will find out if I need a UK one to get hers. Maybe they can just use my Canadian one and UK birth certificate!

TheBaldricks

We have arranged to get our daughter an emergency UK passport tomorrow. Should take a week.

My husband is just waiting on a reply from CIC for instructions on wether they need copies posted, originals posted or scans emailed!

Fingers crossed this is all sorted before 25th March because his PR expires first week in April....