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evanrmartin Posts: 3
Posted On: 11/16/2021
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My wife and I live outside of Canada, and we have applied for PR via spousal sponsorship. If she were to give birth a couple of months before her PR application is approved, how could we manage the required entry date for PR and the 12 month+ processing time for proof of Canadian citizenship to get our child born abroad a passport? Could the entry date for PR be postponed, and would PR entry requirements qualify us for urgent processing of proof of citizenship so we could travel to Canada as a family in the required time frame?
Thank you.
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Moderator Moderator Posts: 4142
Posted On: 12/2/2021
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Hello,
Thank you for sharing your questions with us.
If you or your spouse’s application for Canadian permanent residency is approved, a Confirmation of Permanent Residence document (COPR) will be issued. COPRs are valid for one (1) year after issuance. Once the COPR is issued and received outside Canada, the applicant must come to Canada to complete the PR process and apply for and receive their PR card within one (1) year.
If the COPR expires before the applicant can come to Canada, Immigration, Refugees and Citizenship Canada (IRCC) may email to ask if the applicant still wishes to get permanent residency of Canada. IRCC may then ask for new medical records and other relevant information for updates. If IRCC decides to make an exception for the expired COPR, IRCC may issue a new COPR to the applicant. If IRCC decides to close the file, the applicant will have to reapply. Please note that there are risks associated with letting your COPR expire and relying on IRCC’s goodwill to have a new one issued. We strongly recommend that you do your utmost to “land” within the one (1) year window provided by IRCC.
Your child can be a Canadian citizen if at least 1 parent became a naturalized Canadian citizen before the child was born. To find out if your child can apply for Canadian citizenship, please follow the questionnaire located here: apply for a citizenship certificate.
If your wife gives birth before a decision is made on the application, you can add the child to the application. You can use the online tool to find out if your child is a dependent.
If the child will not be eligible for Canadian citizenship by virtue of you or your wife being a Canadian citizen at the time of their birth, an option is to sponsor your child. Parents who are permanent residents can only sponsor a family member while they are residing in Canada. If you were to proceed on this path, once you or your wife become Landed Permanent Residents and are physically present in Canada, an application for sponsorship can be submitted.
If your newborn child becomes a citizen of a country that requires visa for entering Canada, your child will need a Temporary Resident Visa (TRV). If the child does not need a visa, the child will then need an electronic travel authorisation (eTA) for entering Canada.
As set out in section 52(1) of the Immigration and Refugee Protection Regulations, your child cannot come to Canada without a passport or travel document:
- 52 (1) In addition to the other requirements of these Regulations, a foreign national seeking to become a temporary resident must hold one of the following documents that is valid for the period authorized for their stay:
- (a) a passport that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;
- (b) a travel document that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;
- (c) an identity or travel document that was issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;
- (d) a laissez-passer that was issued by the United Nations;
- (e) a passport or travel document that was issued by the Palestinian Authority;
- (f) a document that was issued by the Organization of American States and is entitled “Official Travel Document”;
- (g) a passport issued by the United Kingdom to a British Overseas Citizen;
- (h) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
- (i) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or
- (j) a passport issued by the United Kingdom to a British Subject.
- (1.1) [Repealed, SOR/2003-260, s. 1]
- Marginal note:Exceptions
(2) Subsection (1) does not apply to
- (a) citizens of the United States;
- (b) persons seeking to enter Canada from the United States or St. Pierre and Miquelon who have been lawfully admitted to the United States for permanent residence;
- (c) residents of Greenland seeking to enter Canada from Greenland;
- (d) persons seeking to enter Canada from St. Pierre and Miquelon who are citizens of France and residents of St. Pierre and Miquelon;
- (e) members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act who are seeking entry in order to carry out official duties, other than persons who have been designated as a civilian component of those armed forces;
- (f) persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of air transportation and who hold an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications; or
- (g) persons seeking to enter Canada as members of a crew who hold a seafarer’s identity document issued under International Labour Organization conventions and are members of the crew of the vessel that carries them to Canada.
- (3) [Repealed, SOR/2010-54, s. 3]
Additional documents may be needed to prove the relationship between the child and the parents. These documents may include any medical records relating to the pregnancy and DNA testing.
You can inform IRCC about your situation and contact your local Canadian embassy for more information.
If you can provide us with more information on your and your spouse’s residency status (i.e. PR or Foreign National), we may be able to provide a further response to your question.
Finally, we noted that Canada has implemented travel restrictions to reduce the spread of COVID-19 that you must comply with. Up to date restrictions can be found here: https://travel.gc.ca/travel-covid.
We hope that the information we provided is helpful to you. We would also recommend you to seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to find more information about your particular circumstances.
Please let us know if you have further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice. This document was prepared with the assistance of PBSC Western law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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evanrmartin Posts: 3
Posted On: 12/13/2021
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Thank you for your reply.
I am a Canadian citizen and was born in Canada, so our children will be Canadian citizens at birth. However, before they can get passports to go to Canada they need to receive proof of Canadian citizenship. This takes 15 months according to the the CIC website, and I was concerned this may not be completed before my wife's COPR validity is up. In that situation, as you do not recommend landing outside of the COPR's 12 month window, there is a chance my wife would have to enter Canada alone while I wait for our children's proof of citizenship and passports.
I will contact an immigration lawyer about applying for urgent processing time for proof of citizenship to match my wife's COPR validity when she gives birth. I will also be sure to inform the CIC of the change to my wife's PR application when she gives birth.
Thank you.
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PMM Posts: 661
Posted On: 12/13/2021
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Hi
evanrmartin wrote:
Thank you for your reply.
I am a Canadian citizen and was born in Canada, so our children will be Canadian citizens at birth. However, before they can get passports to go to Canada they need to receive proof of Canadian citizenship. This takes 15 months according to the the CIC website, and I was concerned this may not be completed before my wife's COPR validity is up. In that situation, as you do not recommend landing outside of the COPR's 12 month window, there is a chance my wife would have to enter Canada alone while I wait for our children's proof of citizenship and passports.
I will contact an immigration lawyer about applying for urgent processing time for proof of citizenship to match my wife's COPR validity when she gives birth. I will also be sure to inform the CIC of the change to my wife's PR application when she gives birth.
Thank you.
1. You can apply for proof of citizenship and a limited validity passport at the same time, explaining the expiry date of your spouse's COPR
2. Or you can apply for a facilitation visa for children on their national passport. see: tinyurl.com/2zdxy2vr
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evanrmartin Posts: 3
Posted On: 12/14/2021
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Thank you very much. I was not aware of the limited validity passport, but it seems most suitable for our situation.
Our child will only be eligible for a Canadian passport (as we live in Japan but are not Japanese citizens) so a facilitation visa would not be possible.
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