Anonymous asked in TravelCanadaOther - Canada · 6 years ago

Visiting Canada with an Infant (2nd post hope to clear)?

Hey there, so I have learned things after my last post. I obviously failed many, many times to convey what else i'm trying to say.

My main desire is, while i know I'm NOT entitled to live in Canada as the mother of a part-Canadian child & my child IS entitled to live in Canada whether or NOT I am with her, to have the BEST chance of entering w/o blacklist and to have proper documentation, even W/O job search.

I understand the point now that I cannot look for work as a VISITOR. I do not understand how I would be disallowed to look for work at the end of my studies and study visa in Canada, if 1 method of acquiring permanent residency involves BOTH graduating from Canada and holding a job there in my field for a year afterwards - how, then, does it make sense I wouldn't be allowed to look for jobs in that case?

I understand I was errant about looking for work as a visitor. I also now more firmly understand the point that I would need to apply for any jobs at this point from outside of the country and under rather specific circumstances that, yes, I do not currently meet.

I mean a 'loophole' as far as a spousal visa to mean that we have special circumstances barring us from living together, so we may be considered WITHOUT cohabiting for a year. We have, and continue, to look at these things, but waiting possibly a year or more is NOT the first venue or most favorable one we will try. that does NOT mean it isn't going to be worked on or be on the table.


Documents I understand I need for the purpose of VISITING only -

-letter of invitation from my boyfriend promising to give me a place to stay, notarized

-letter from my boyfriend authorizing me to bring our baby out of the country, notarized

-some reasonable amount of money

-best to have train tickets showing the date I would be returning

-baby's birth certificate and passport

-my passport

Update 2:

I understand I can't have a work visa, be just visiting and have a study visa at once. of course I can apply for an off-campus work visa, and I intend to. I will be attempting to renew my study visa, I just have doubts related to its approval.

I am accepted and will register full time at Dalhousie University, and I will be able to get a letter saying this to apply for my study visa. i have held study visas, and off-campus work visas, before. I'll be reapplying before my current runs out.

Update 3:

I haven't been able to make use of this past year of my study visa due to financial and insurance related issues. I'll shell out the $300 to apply for a study visa and off-campus work visa because these are what seem to be my best, quickest option. We will just have to work on a spousal visa otherwise. Or my boyfriend will just have to move here, he is 50% native and the Jay Treaty does allow him to live and work here freely. It is NOT better money-wise, schoolwise, anything wise. may have to.

Update 4:

Also want to add that I am currently not in Canada, and I have not been since the end of August 2013! My baby was born in the US but does have a Canadian parent. School is roughly $15,000 a year, then I have to add in living expenses, which i'm hoping i can have a letter of promise from my boyfriend saying he'll provide for. no clue if that will work. we will have to go from there! for now i just want to be able to visit for some period of time greater than a couple weeks or a month. 2 is goal.

3 Answers

  • SteveN
    Lv 7
    6 years ago
    Best Answer

    I think I understand your situation, but will repeat in my own words so we are clear what is discussed.

    You are American. You are in a long-term relationship with a Canadian. You do not have to be married. Common-law arrangements are acceptable to immigration officials here.

    You had a child together and the child was born in Canada, or qualifies for Canadian citizenship as a result of at least one parent being Canadian.

    You are going to school in Canada, and are currently here as a CANADIAN TEMPORARY RESIDENT, and have a CANADIAN STUDY PERMIT. You do not presently have a WORK PERMIT or a STUDENT WORK PERMIT.

    Ultimately, your goal is to try and move to Canada permanently to live and work here, to be with your Canadian spouse, and to raise your child here.

    If all of what I just said is accurate, then you are already on track for coming to Canada. There is no "loophole" that just lets you come in and stay. You still have to qualify. But you have a few options.

    First, you can apply via a spousal visa for immigration. Your boyfriend would apply to sponsor you to come to Canada. He has to show that he can support you and the child, and the relationship has to be shown as legitimate, but it is certainly your best approach.

    But if he won't sponsor you or cannot afford it, then you need to demonstrate what you bring to Canada that should make them let you in. You are getting educated in Canada, so your university education will help and your degree will be certified and easier to get you accredited here. Any work that you did here while as a student (with a student work permit) will help too. International students who want to live and work in Canada when they finish school can qualify under the Canadian Experience Class program.

    Finally, even if you fail for spousal visa, or the Canadian Experience Class, some provinces may want to keep you in the country just because they see the potential in you or to try and help keep a Canadian and his/her family in Canada. So there is the potential for the Provincial Nominee Program. That's where the province puts in a good word for you at the federal level. But they really need to be shown why it would be to their benefit to keep you. So you have to come to their attention in a positive way, somehow. Like having stellar marks and high praise from local people, or skills that the province has a shortage of.

    Your best bet is to carefully review all your options, and perhaps even speak with an immigration lawyer about your situation. Normally I don't like recommending lawyers and immigration consulting agencies, because in most cases we are talking about shady characters with offices in Pakistan or someplace that has high corruption and scam rates. But picking a reputable person from in Canada or USA, you might be able to get some good advice for about an hour's worth of questions.

    If you can't afford to speak with a lawyer, then I would recommend walking down to the nearest Canadian embassy and try to see if you can sit down for 15-20 minutes with an agent there who can advise you what your best approach is to immigrate and have your Canadian child raised in Canada.

  • 6 years ago

    SteveN has most of. Your added information is important. The student visa you can get. You want to apply for a student work visa. This allows only part time work. Your are here to STUDY not work.

    Your man should be providing for child. Child is Canadian and you want to separate that from your requirements to come to Canada.

    Yes JAY treaty allows him to go to the USA. Child can also go under Jay treaty if he is registered as member of Dads Tribal group.

    Part of being a couple for immigration is not LIVING together but doing things to help each other. Simple examples. He helps you with a place to stay while you are in school. He cares for his and your child.

    Please remember the CEC visa is not for just ANY course but for classes in needed fields in Canada. Urge you to check the provincial nominee pages. The main restriction with the program is that you must live in that particular province for a period of time.

    The province helps you and you in turn help the province.

    You may already qualify for some from the school you already have.

    Start here.

    Canada is a big country explore other parts as well.

    WARNING. to be more successful your man and child should not use Government support programs as this indicates he does not have enough money to support YOU.

    Your Child is eligible for

    These programs are for ALL Canadian Children and their Canadian Parent.

    First Nations Canadians are 100% Canadian.

    JAY treaty is just for First Nation people and each Nation has its own criteria for this.

    There are over 600 different ones. Your man will need to work on this part.

    This done by your Partner.

    How to check for the better consultants for immigration.

  • 6 years ago

    You can work while in Canada under a study visa but there are rules that must be followed and a limit on how much work you can do.

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