Rejection of Proof of Citizenship Application of Child in Canada

[crbrown]

My daughter's in a strange situation regarding her citizenship which I'd like some thoughts on. I've scoured the internet and found nobody else with my case. Apologies for lengthly description, but here's a summary:

• I am a Canadian citizen, born in England to 2 Canadian parents. My wife is a Thai citizen, Canadian permanent resident.
• My daughter was born last year in Thailand. Due to the above, she is considered "2nd generation born abroad" and therefore is almost certainly NOT a Canadian citizen.
• However, we were still advised/required to apply for "Proof of Citizenship" for her to get an official assessment before we can progress with other applications (i.e. sponsorship and permanent residence, etc.). We are still waiting the outcome of her Proof of Citizenship application, and would expect a response (a rejection) within the next 3-6 months.
• In the meantime, she was given a temporary (2 year) Canadian passport in December 2016 to visit relatives in Canada (apparently they give passports to infants under 2 while citizenship is being considered). This passport is still valid.
• We (me, wife) are now getting job offers in Canada and want to move back with our daughter. Here is my question:

If we move back to Canada now on my daughter's temporary Canadian passport, and then her application for proof of citizenship is subsequently rejected while we are in Canada, what would be the process? Would we be able to apply for sponsorship and permanent residence while in Canada, or would they actually make us go back to Thailand to apply?

As a side note, my daughter is also a UK citizen (due to my birth there) and has a UK passport, but as far as I can tell this is inconsequential to the above dilemma.

Thanks to any and all with advice on the matter!

Cheers,
Chris

 

[alphazip]

Yes, you can come to Canada and apply here, though there is no "in Canada" application for sponsorship. Still, your daughter can be here (under one passport or the other) while the "outland" application is processed. As soon as she gets PR, you can apply for citizenship with no waiting period.

You may find useful information here:

http://www.canadavisa.com/canada-immigration-discussion-board/threads/dependent-child-pr-sponsorship-within-canada.456129/

http://discuss.settlement.org/topic40821-sponsoring-dependent-child-in-canada-category.aspx

 

[crbrown]

Thanks for the very informative reply. Much appreciated.

Follow up question: If she entered on her Canadian passport and then the application for POC was rejected, they would likely cancel her Canadian passport. Would we then have to leave Canada and re-enter on one of her other passports with a TRV? Or is there some way to have this done within Canada?

Thanks!

 

[alphazip]

My belief is that once in Canada, your daughter isn't going to have a problem with IRCC. (That's not to say, though, that she will qualify for government health care until she gets PR status.*) I know of an American who basically lived here, just as visitor, for years, then applied for and received PR (and then citizenship) without any problem. However, he was in a border city and went in and out of Canada frequently, and each time he entered Canada, his right to be here (as a visitor, not a resident) was reset.

You have an unusual situation because of the Canadian passport (things may have been easier if she just had a UK passport), but have you tried calling IRCC to see what they have to say? The number for calling outside of Canada is 613-944-4000. Choose 2 for immigration.

*IRCC has to at least confirm that your daughter has applied for PR and meets the requirements.

 

[canuck_in_uk]

Follow up question: If she entered on her Canadian passport and then the application for POC was rejected, they would likely cancel her Canadian passport. Would we then have to leave Canada and re-enter on one of her other passports with a TRV? Or is there some way to have this done within Canada?

I'm not sure who advised you to apply for a Certificate of Citizenship but there was no need. You could have applied for the child's sponsorship without doing that.

There is no need for her to leave Canada when the certificate app is refused. You can just submit the outland sponsorship app with her in Canada. When the PR app is approved, she will need to either land at a local IRCC office (can take weeks/months) or flagpole at the Canada-US border. You can then immediately apply for her citizenship.

 

[crbrown]

Thanks all for the useful replies. Very much appreciated. I have one follow-up question. I have seen several posts (including from two members above, as well as on other forums and anecdotal accounts), that once my daughter receives PR, she can immediately apply for citizenship without the typical waiting period. I guess this is some kind of "compensation" from CIC/IRCC for creating the law that has so thoroughly trapped us. Anyway, my question is where can I find formal statement of the above? Is it actually a law or policy, or is it just known from others' experiences that dependent children caught in the 2nd generation abroad loop can skip right from PR to citizenship? Many thanks!

 

[Godzilla9]

Thanks all for the useful replies. Very much appreciated. I have one follow-up question. I have seen several posts (including from two members above, as well as on other forums and anecdotal accounts), that once my daughter receives PR, she can immediately apply for citizenship without the typical waiting period. I guess this is some kind of "compensation" from CIC/IRCC for creating the law that has so thoroughly trapped us. Anyway, my question is where can I find formal statement of the above? Is it actually a law or policy, or is it just known from others' experiences that dependent children caught in the 2nd generation abroad loop can skip right from PR to citizenship? Many thanks!

Residency requirement of four years does not apply to minors as long as a parent is a Canadian citizen. Check it here: http://www.cic.gc.ca/english/citizenship/become-eligibility.asp#time

 

[crbrown]

Residency requirement of four years does not apply to minors as long as a parent is a Canadian citizen. Check it here: http://www.cic.gc.ca/english/citizenship/become-eligibility.asp#time

Very clear. Thanks very much!