Can I apply for citizenship for my 14 years old daughter?

[Dr.David]

Hello Everybody, I am new to this forum, and I would like some expert opinion from you regarding my daughter's case.
I landed with my daughter and my wife at the time in 2012, shortly after landing, my wife and my daughter refused to stay in Canada and returned back to our home country.
Few months later I got a divorce, and my daughter remained in the custody of her mother, with good relation with them up till now.
I got my Canadian citizenship in January 2016.
My daughter is now 14 years old and her PR has expired last month.
My question that I need help with is, is it possible to apply for citizenship for my minor daughter, since I am a Canadian now, in spite that she is not living in Canada and have not spent the time required for citizenship ?

 

[jsm0085]

Hello Everybody, I am new to this forum, and I would like some expert opinion from you regarding my daughter's case.
I landed with my daughter and my wife at the time in 2012, shortly after landing, my wife and my daughter refused to stay in Canada and returned back to our home country.
Few months later I got a divorce, and my daughter remained in the custody of her mother, with good relation with them up till now.
I got my Canadian citizenship in January 2016.
My daughter is now 14 years old and her PR has expired last month.
My question that I need help with is, is it possible to apply for citizenship for my minor daughter, since I am a Canadian now, in spite that she is not living in Canada and have not spent the time required for citizenship ?

No

 

[Dr.David]

No

Thank you for the short answer, but can you elaborate some more, I asked several lawyers here in Toronto and some said I can apply for her being a minor that she is and being a Canadian citizen now, some said I only can provide my daughter with sponsorship if she decides to come to Canada to live.

 

[spyfy]

Thank you for the short answer, but can you elaborate some more, I asked several lawyers here in Toronto and some said I can apply for her being a minor that she is and being a Canadian citizen now, some said I only can provide my daughter with sponsorship if she decides to come to Canada to live.

There is a misunderstanding between you and your lawyers:
If your daughter is a PR in good standing, then she doesn't need to fulfill the physical presence requirement (3 out of 5) for citizenship. However, it seems that your daughter is not a permanent resident in good standing since she didn't fulfill the residency obligation for permanent residence (2 out of 5 years). Note that these two requirements have nothing to do with each other.

So, before you can apply for citizenship for your daughter, you need to make sure she is a PR in good standing. From the top of my head, these are the two options:
- Apply for a PR Travel Document based on humanitarian and compassionate grounds (citing the divorce etc) so that she can travel to Canada and is back in good standing. Note: I do NOT know how good the chances are for this. Only a lawyer can tell (a good one, maybe not the ones who gave you that wrong advice in the first place).
- She renounces her PR status and you sponsor her as a child. In that case, once she landed in Canada as a new and fresh PR, you can apply for her citizenship.

 

[scylla]

http://www.cic.gc.ca/english/information/applications/guides/CIT0003ETOC.asp

Minor children must:

• be under 18 years of age at the time of the application;
• be a permanent resident of Canada;
• have at least one parent (includes legally adoptive parent) who is a Canadian citizen or who will become a citizen at the same time as the child (applying together as a family). Note: legally adopted is not the same as having custody, guardianship or being the step-parent of a child.

Minor children must not:

• be subject to any prohibition under the Citizenship Act (see section 11 of the application form CIT 0003); and/or
• have any unfulfilled conditions relating to their permanent resident status; and/or
• be under a removal order (asked by Canadian officials to leave Canada).