A friend of mine is an undocumented resident in Canada and recently found out she’s pregnant. What are her options?

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Customer: Hi there. A friend of mine is an undocumented resident in Canada and recently found out she’s pregnant. What are her options?
Answered by JJL11 in 8 mins 2 years ago
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JJL11
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JJL11, Expert

Hello - My name is ***** ***** I'm happy to assist you today. I am a Canadian lawyer who is able to answer immigration law questions.

Can you tell me more about your friend's situation such as how long she has been here, why she is undocumented and her present circumstances ?

Customer
Hello
Customer
She’s BEen here for 10 years
Customer
She came to visit but never left
Customer
I’m not sure why she’s undocumented. But she’s pregnant for a Canadian citizen and would like to Become a Canadian citizen
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JJL11, Expert

I see - Is she and father of her child in a common law relationship or planning to marry ?

Customer
Not at the moment. She lives with a roommate and he lives with his parents
Customer
They’ve been together for about 10 months
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JJL11, Expert

In that case, the easiest way for her to become a permanent resident of Canada would be to sponsored by her boyfriend if they get married or if they are in a common law relationship for more than 12 months.

If he does not sponsor her, the only other way to legalize her status would be through one of the other immigration categories. Usually, undocumented persons apply for PR by submitting an application for PR through a humanitarian and compassionate application which is a detailed application whereby your friend has to establish that she has made Canada her home and to remove her to her country of origin would lead to her suffering undue, disproportionate hardship. She would need to have an experienced immigration lawyer help her with this.

Customer
Okay that was very helpful thank you so much
Customer
Sorry last question
Customer
If she has the baby at a regular hospital, will she be reported to immigration?
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JJL11, Expert

No. When you register as a patient in a hospital, the hospital does not ask your immigration status but they will ask if you have medical insurance .

Does your friend have medical insurance coverage ?

Customer
No she doesn’t
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JJL11, Expert

For medical care for those with no provincial health insurance, Community Health Clinics can provide free care. However, your friend has to have the baby in a hospital and that is expensive without any health insurance.

I would advise that your friend and her boyfriend start to plan now regarding how to pay for this expense because I do not think private health insurance will insure your friend after she is pregnant but she can check by contacting private health insurance companies.

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JJL11, Expert

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Thanks so much.

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