Taking a US born child to Canada

J

Jaggy

Registered Users (C)
Me and my wife are PR card holders for Canada. If we have a child born in US and wanna take him to Canada with us when we move. Is that a problem. Will he need any visa, can we take the child right away with us to Canada or we have to get his PR process completed before taking him. Would really appreciate your replies
Thanks
Jaggy
 
You can take the child

You can take the child with US passport without a visa but he will not be a PR of Canada with the residence rights. Also child will not have Government Health insurance until he/she becomes PR (You may have to buy private insurance, take your chances, or send the child temporarily to your home country). However as long as you are employed it should not take long ( I have heard 1 yr) for the child to get PR.
 
Thanks for the response. So the child can be with us in Canada till his PR is approved is that correct? only thing is that he would not have govt health insurance, am I right on that?
 
That is my understanding

Yes the child with US passport can be with you as a tourist. You may have to cross into US every 6 months to revalidate the visa.
However I think a small child not having insurance is a major issue since they need to see doctors often
 
Can you ad a new born to a PR application

a. before passports get requested
b. after passport is stamped but before landing?

How much could that set back getting passports stamped?

Thanks.
 
Jaggy,
It is true that a US passport holder does not need a visa to travel in Canada without a visa for tourism. However since your child is a toddler the immigration officer my question 'non immigrant' intention and deny entry. Come on, the child is not going to leave in 6 months while you are permanent residsents. Talk to the embassy and get a valid travel document for the child. I do not know if you can apply for a temporary resident permit on the basis of family immigration.
Metaman
 
MOCKBA,
You are obligated to tell CIC about new born before you land. Infact during landing the immigration officer will ask you if you have any children. If you say yes and did not add the child to your application you will be denied landing. If you lie, that will be in your record in canada for ever.
Like it or not you have to tell that to CIC and ask them what you can do.
Metaman
 
It is not that I intend to lie... it is just that we might get another baby between our passports are stamped and we would land in Canada. Basically we do not want to land in a year and during this time we might have a baby. So what should we do?

We have two options.

1. Go on with the application, get our passports stamped (me, my spouse and first child), have a baby in US and then land (me, my spouse and 2 children).

2. Drag the application, have baby born, include it into the application (me, my spouse and 2 children), possibly delay stamping, or re-stamp or whatever, and then land.

What is the right thing to do?
 
MOCKBA said:
It is not that I intend to lie... it is just that we might get another baby between our passports are stamped and we would land in Canada. Basically we do not want to land in a year and during this time we might have a baby. So what should we do?

We have two options.

1. Go on with the application, get our passports stamped (me, my spouse and first child), have a baby in US and then land (me, my spouse and 2 children).

2. Drag the application, have baby born, include it into the application (me, my spouse and 2 children), possibly delay stamping, or re-stamp or whatever, and then land.

What is the right thing to do?
Click to expand...

Just want to make one thing very clear if your baby is born after your PR visa has been issued but before you land in Canada your PR visa will be cancelled. Thats the law.

So OPTION 1 is only possible if you land in Canada as PR before your second baby is born.
 
Kenny04 is 100% right. I was in same boat last year. I sent a letter to consulate to hold my visa. We had baby then sent all the new born papes to consulate. We got again our medical...
That makes your process 10 months or 1 yr delay or you may again need to go medical (old one will expire).

But that ok.. long but safe way

Kenny04 said:
Just want to make one thing very clear if your baby is born after your PR visa has been issued but before you land in Canada your PR visa will be cancelled. Thats the law.

So OPTION 1 is only possible if you land in Canada as PR before your second baby is born.
Click to expand...
 
Thanks guys for clarifying. But to make it cristal clear, let me ask couple questions.

1. "PR visa has been issued" reffers to passport stamping, right? No early then that, right?

2. If we get pregnant let's say between medicals and passport request... What should we do?

I mean I figure we would notify Bufalo that we just got pregnant, but then what? Would they delay passport request for 9 months or would they still request our passports so we could go land and have baby born in Canada?
 
1. "PR visa has been issued" reffers to passport stamping, right? No early then that, right?

Yes. It means that the PR visa has been stamped on your passport.

2. If we get pregnant let's say between medicals and passport request... What should we do?

When you get the passport request if your wife is pregnant then you have to decide:
1) Can she travel to Canada in her condition?
2) Will her pregnancy be covered by the hospital in Canada? Medical insurance for new immigrants begins three months after you land(in certain province). Some provinces provide medical insurance immediately so you may have to decide where you have to land.

Considering the above factors it will be your decision to either send in your passports OR inform Buffalo that you are pregnant and would like to hold your application till the baby is born.
 
Thanks for making it cristal clear.

We are going to Quebec and AFAIK Quebec covers maternity from day one.

Most likely we won't get pregnant until we land, but it helps a lot to know "what if..."

Coming back to original question. Suppose we would land but for whatever reason the baby is born outside of Canada (not neccessarily in US, but for simplisity let's say US). Insurance aside, what are the problems?

For one, I see the problem with entering Canada with a toddler. What is the proper way of handling this?

For example in US new born of an LPRs could derive LPR status upon first entry to US (right at the POE without much paperwork before POE). Is there anything like that for Canada?

On another note, AFAIK, one could petition for a family based immigration only while being physically present in Canada. This creates a hole in the law. Suppose Canadian PR is sent on a business trip outside of Canada let's say to Mongolia and then is unable to return to Canada because new born is not Canadian PR. It sounds stupid, thus I think there gotta be a way to bring new born to Canada as a PR.
 
Last edited by a moderator:
texancanadian said:
Yes the child with US passport can be with you as a tourist. You may have to cross into US every 6 months to revalidate the visa.
However I think a small child not having insurance is a major issue since they need to see doctors often
Click to expand...

I think bringing child "as a tourist" is wrong way of handling that situation. There gotta be a way to derive PR status for a new born child based on parents PR status. Otherwise like I mentioned in the example with child born in Mongolia, or anywhere but US for that matter, the new born won't be able to enter Canada, making parents unable to enter. (US is the only country where citizenship could be obtained by virtue of birth. In the rest of the world citizenship of a child is derived from citizenship of parents.)

If one could derive PR status for new born based on PR status of parents there would be no problem with insurance as long as parents are insured. I.e. in case of a baby over 2 years old it should take as long as PR parents to gain insurance. In case of baby younger then 2 years old the baby should become insured from day one regardless of insurance status of parents.
 
MOCKBA,
If a child is born in Canada it is citizen by birth (CIC website) and it is true for many other countries. If the parents are Canadian citizens, the child is a canadian citizen where ever the child is born. I think the only option is to contact the embassy and do the necessary paperwork.
Metaman
 
Well colonian citizenship apart :) anybody knows any statues/procedures for deriving status for new born (outside of Canada) of Canadian PR?

Again, think Mongolia or France or any imperial country where citizenship is not granted by virtue of birth... how could Canadian PR return from imperial country with a new born who would derive no citizenship by virtue of birth?

I doubt those PR would be bared from returning to Canada, thus there should be some mechanisms for deriving PR status for new born while both parents are outside Canada.
 
An email I got from an attorny

Dear xxxxxxx,

Thank you for your email, and this information regarding your
intentions to obtain Permanent Residency for your son.

As you may already know, your son will be able to maintain both US
citizenship and Canadian Permanent Residency at the same time.

Canada does not require the signing of any documents stating that you,
or your children revoke your other citizenships.

It is quite common for my clients to have children born in the USA
while they are their on temporary status. The US citizenship status of
their children has not presented any issues for my clients or their
children.

If you enter Canada with a dependent child who does not have Canadian
Permanent Residency, then, in most cases that child must exit Canada
every 6 months, and the child will not have access to school, nor
access to free-medicare given to all Canadian Permanent Residents and
Citizens. Thus it is usually in the best interest of parents to obtain
the Canadian Permanent Residency for their children, when the family is
moving permanently to Canada.

In terms of information about how the sponsorship process works, you
may wish to schedule a consultation with me.

If you think you would be interested in scheduling a consultation with
me, so that we can go over that together on the telephone, be sure to
let me know.

You can email me with a convenient time, or you can call when it is
convenient with you, and simply ask my secretary if I am available for
a consultation at that moment.

Just prior to conducting the consultation you will be able to make the
payment by credit card. The fee for a consultation is $100 USD. If you
become my client in the future, the future fees would be deducted by
$100 USD, effectively making the consultation free.

I certainly look forward to the opportunity of speaking with you,
xxxxxx.
 
so for landed canadian immigrant parents the only option is to take the child to canada on a tourist visa(the child is a US citizen) and then sponsor his/her PR while in Canada, is that correct?
 
What if a new born is not a US citizen?
What if a baby is born for example in France and derive no citizenship and as a result cannot enter Canada "as a tourist"? It cannot make PR parents inadmissible to Canada, so there should be a way to derive PR for a child (and thus health insurance, etc) while outside Canada.
 
Hello Everyone,

I am a Canadian citizen and my 6 months child is U.S. citizen by birth.

Reading through the thread I understand that:
1. We can take the child with us to Canada for a two weeks trip?
2. We can also apply for the child's Canadian Citizenship while we are in Canada?

Kindly correct me if I am wrong.

Thank you.
 
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