Status of Child

G

glrao

Registered Users (C)
Myself and my wife filled for canadian PR and got approved. We had baby born in USA, we did not add her to the PR process.

1. Will there be any issue because we did not add her
2. Since she is US citizen she can travel to Canada without any visa. Will there be any issue if we take her with us for landing process.


Please advice.
 
1. Yes, there will be a big problem because your are required to notify the visa post about any change to your family status, such as a birth of a child.

2. Having a child and not informing the visa post can invalidate your landing visa. Even if you are allowed to land, the child will not be allowed to land with you. She can only enter Canada temporarily as a visitor.

I suggest you notify the visa post about your situation ASAP. You are required to either submit all the child's details to the visa post or submit a notarized affidavit that you will never bring the child to Canada with you.

Good luck,

Alfaris
 
What do I mean by visa post

Visa post = consulate or high commission where you applied for permanent residence

Good luck,

Alfaris
 
I'm in the same situation here. By submitting all the information for the child, do you mean we have to file a new PR application for the child? Or just for informational purposes? I don't think my child needs to immigrate to Canada because she was born in US. Any advice is appreciated. Thanks.
 
Any help in answering questions related to this hypothetical scenario would be appreciated

1. A couple lands in Canada and comes back to US under H1B/H4 visa to continue employment
2. After returning to the US, the couple has a child here in the US
3. After child is born in the US, the three move permanently to Canada

Q1. Would the child be able to move to Canada with the parents and stay there permanently while permanent residency application of the child is in process?
Q2. What type of permanent residency application for the child would need to be filed and how long does it generally take?
Q3. What other issues need to be borne in mind in this circumstance?

Thanks.
 
You have to add the child to your permanent residence application either as an accompanying family member, or a non-accompanying family member. If you do not add him, then you may later lose your permanent residence status for withholding a fact material to your landing.

If you add the child as an accompanying family member, then he will receive a permanent resident visa together with you. If you add him as a non-accompanying family member, you have to either submit all the information about the child (bio, medical test) or a signed affidavit that you will never try to sponsor this child for permanent residence in Canada.

If your child is not a permanent resident of Canada, he will not be able to stay in Canada for more than 6 months at a time. He will not have a right to go to school or work in Canada. This is regardless of his U.S. citizenship.

Good luck,

Alfaris

I'm in the same situation here. By submitting all the information for the child, do you mean we have to file a new PR application for the child? Or just for informational purposes? I don't think my child needs to immigrate to Canada because she was born in US. Any advice is appreciated. Thanks.
Click to expand...
 
Q1. Normally, no. The only people who are allowed to be sponsored from within Canada are spouses and common-law partners. However, they can file their application under the Humanitarian & Compassionate class and request a waiver from this requirement. In the case of a young baby, the application will probably be approved.

Q2. If the baby will wait outside Canada while being sponsored, then it is the Family Class and will take about 1 year. If the baby will be sponsored while in Canada, then it is the Humanitarian & Compassionate class and may take 1-2 years. When applying for permanent residence inside Canada, it is very important for the applicant (the baby) to maintain valid immigration status in Canada at all times. So the parents will have to send in for visitor status extension for the baby every 6 months to a year until he actually becomes a permanent resident. Also, the sponsoring parent will have to establish himself in Canada and have a stable income in Canada and some assets to be eligible for child sponsorship, unless a waiver from that is granted under Humanitarian & Compassionate reasons.

Q3. If the child is born a U.S. citizen, he will have to file income taxes to the USA for the rest of his life. There is a $70,000 USD foreign income exemption, but the tax return will still have to be filed every year the child makes more than the minimum amount (about $4,000 USD). If the child is a boy, he will have to register for the U.S. Army Selective Service when he turns 18, and may be drafted into the U.S. Army if there is a national emergency in the USA.

Good luck,

Alfaris
Any help in answering questions related to this hypothetical scenario would be appreciated

1. A couple lands in Canada and comes back to US under H1B/H4 visa to continue employment
2. After returning to the US, the couple has a child here in the US
3. After child is born in the US, the three move permanently to Canada

Q1. Would the child be able to move to Canada with the parents and stay there permanently while permanent residency application of the child is in process?
Q2. What type of permanent residency application for the child would need to be filed and how long does it generally take?
Q3. What other issues need to be borne in mind in this circumstance?

Thanks.
Click to expand...
 
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