Can i apply for PR though i might already be a Canadian Citizen?

[gpremdas]

Folks, I have a bit of a unique situation. Your experience could really help me. Please read through and offer the best advice you can. Will be highly appreciated!

I was born in India in 1985. Mother is indian and father was a Canadian citizen, naturalized long before i was born. He died in 1997 and had not renounced his Canadian citizenship till his death. In 2010, i found out that as first generation born abroad to a Canadian citizen, i am likely a Canadian citizen and i just need to apply for proof of Canadian citizenship. i.e. i do not need to apply for citizenship or PR. I did a lot of research, put together all the documentation and sent my application to the Canadian high commission in delhi. A year passes, and i do not hear back. None of my email queried are answered. In 2012 i go directly to the high commission in person, and after a lot of pain, manage to meet with somebody and they take my application and say they will send it to Canada. Again no response. I don't believe it ever got sent to Canada, as i was not able to track my application online. I got really stuck because as per CIC policy, one can only apply from their country of residence. So there is no way for me to apply directly, and i can only go through the Delhi office. I gave up the idea and went on with my life. But late last year, i just happened to calculate my CRS score and was surprised to see that i made well above the typical cut off. I decided to apply for PR and submitted my EE profile. I got invited in the Feb draw and i am now putting together my documentation for PR application.

Question 1) When i submit my father's details, CIC will know my father was a Canadian citizen. Is there anyway the case officer can decide that i shouldn't apply for PR, as i am likely a Canadian citizen already ? Can my application get rejected based on this. This would really put me in very paradoxical position. Should i avoid including my father's Canadian details ?

Question 2) Is there any way i can contact CIC to ask this question BEFORE i submit my application ? All the enquiry emails i have found so far, only seem to be for those with application already in progress.

Really look forward to some help here guys. I don't want to risk anything going wrong this time. Too many years have gone by already.

 

[amug]

Folks, I have a bit of a unique situation. Your experience could really help me. Please read through and offer the best advice you can. Will be highly appreciated!

I was born in India in 1985. Mother is indian and father was a Canadian citizen, naturalized long before i was born. He died in 1997 and had not renounced his Canadian citizenship till his death. In 2010, i found out that as first generation born abroad to a Canadian citizen, i am likely a Canadian citizen and i just need to apply for proof of Canadian citizenship. i.e. i do not need to apply for citizenship or PR. I did a lot of research, put together all the documentation and sent my application to the Canadian high commission in delhi. A year passes, and i do not hear back. None of my email queried are answered. In 2012 i go directly to the high commission in person, and after a lot of pain, manage to meet with somebody and they take my application and say they will send it to Canada. Again no response. I don't believe it ever got sent to Canada, as i was not able to track my application online. I got really stuck because as per CIC policy, one can only apply from their country of residence. So there is no way for me to apply directly, and i can only go through the Delhi office. I gave up the idea and went on with my life. But late last year, i just happened to calculate my CRS score and was surprised to see that i made well above the typical cut off. I decided to apply for PR and submitted my EE profile. I got invited in the Feb draw and i am now putting together my documentation for PR application.

Question 1) When i submit my father's details, CIC will know my father was a Canadian citizen. Is there anyway the case officer can decide that i shouldn't apply for PR, as i am likely a Canadian citizen already ? Can my application get rejected based on this. This would really put me in very paradoxical position. Should i avoid including my father's Canadian details ?

Question 2) Is there any way i can contact CIC to ask this question BEFORE i submit my application ? All the enquiry emails i have found so far, only seem to be for those with application already in progress.

Really look forward to some help here guys. I don't want to risk anything going wrong this time. Too many years have gone by already.

Hey there!

I don't have the necessary experience to answer you in a good capacity. I only have on comment.

If this case does not require an experienced immigration lawyer, I don't know which case does ...

Do contact a lawyer for your case I really advise you to do that. Seems like you have a good chance to get the citizenship directly so don't screw that by guessing ...

 

[lkva]

You cannot apply for PR if you are a citizen, and just because your father is a Canadian citizen that doesn't mean you are.
Some people born outside Canada to a Canadian parent became citizens at birth, but there are certain conditions that must be met. For more information on the rules around citizenship by descent, see our changes to citizenship rules.

You can find out if you are eligible for proof of citizenship on this link:
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/eligibility.html
There is a paragraph called Get a certificate for someone born outside Canada, this might help you figure out what your options are.
Have a good read, it should help you understand your options.

 

[gpremdas]

Hey there!

I don't have the necessary experience to answer you in a good capacity. I only have on comment.

If this case does not require an experienced immigration lawyer, I don't know which case does ...

Do contact a lawyer for your case I really advise you to do that. Seems like you have a good chance to get the citizenship directly so don't screw that by guessing ...

Thanks for the reply. Already tried this option. have been in touch with a number of immigration lawyers. But turns out you they cannot file in Canada on your behalf. Even if you use their representation, you can still can only apply from your country of residence. So basically, its of no use for me.

 

[gpremdas]

You cannot apply for PR if you are a citizen, and just because your father is a Canadian citizen that doesn't mean you are.
Some people born outside Canada to a Canadian parent became citizens at birth, but there are certain conditions that must be met. For more information on the rules around citizenship by descent, see our changes to citizenship rules.

You can find out if you are eligible for proof of citizenship on this link:
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/eligibility.html
There is a paragraph called Get a certificate for someone born outside Canada, this might help you figure out what your options are.
Have a good read, it should help you understand your options.

Hello thank you for reply. I have read through all the material. trust me. I have been actively in research mode for the past ten years. The links you have pinged are probably the very first material i have read. I meet those conditions. That said, how do you say I cannot apply for PR if might be a citizen. I mean i don't have proof of citizenship yet, i just might be one by virtue of birth. Please shed more light. Thank you.

 

[gpremdas]

You cannot apply for PR if you are a citizen, and just because your father is a Canadian citizen that doesn't mean you are.
Some people born outside Canada to a Canadian parent became citizens at birth, but there are certain conditions that must be met. For more information on the rules around citizenship by descent, see our changes to citizenship rules.

You can find out if you are eligible for proof of citizenship on this link:
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/eligibility.html
There is a paragraph called Get a certificate for someone born outside Canada, this might help you figure out what your options are.
Have a good read, it should help you understand your options.

I have taken the test and its positive. The options given for getting the certificate foe someone born outside Canada are pretty simple. It says apply through the high commission in your country of permanent residence and include all relevant documentation. As i have said, this has not worked at all through the new delhi office in Chanakyapuri. They just don't send my application to Canada. And there is nothing i am able to do about it.

 

[gpremdas]

Also, let me reiterate a bit. Guys, i am not looking for advice on whether or not i might a Canadian citizen. I have done enough research on this. I am now in the process of getting the documentation for my PR application. All i wish to know is this : Should i avoid including my father's documentation which will show his Canadian status ? Will this possibly raise questions in the mind of the case officer, and do you think he is liable to cancel or return my PR application if he finds out that I might qualify to be a Citizen myself?

 

[lkva]

Hi, yes, I said that 'you cannot apply for PR if you are a citizen' (it would be redundant), which is a straight forward statement from the Canadian government. IF you are already a citizen and you file a PR application, they would return it and tell you that your PR application is invalid, because you are already a citizen - I guess this could be a way for you to find out, but not ideal. It is disappointing that you don't get useful/credible support in your home country, and I'm sorry that I can't be more of help on this.

 

[gpremdas]

Hi, yes, I said that 'you cannot apply for PR if you are a citizen' (it would be redundant), which is a straight forward statement from the Canadian government. IF you are already a citizen and you file a PR application, they would return it and tell you that your PR application is invalid, because you are already a citizen - I guess this could be a way for you to find out, but not ideal. It is disappointing that you don't get useful/credible support in your home country, and I'm sorry that I can't be more of help on this.

I see your point. So if I don't include documentation that shows my father's Canadian citizenship, do you think it should be fine ? Won't my application just get processed normally?

 

[lkva]

No, that is not what I said.
If you do apply for PR you MUST truthfully complete the online forms and attach all required documentation, which includes family information i.e. info about your father as well. Omitting information about your father would be misrepresentation which would see your application rejected.

 

[Canada_cube]

Not an expert but here's what i think.

1. You are not a citizen. You are eligible to become one if certain conditions are met. But as of now, you are not. You are no different than someone who has spent say 4 years in Canada as a PR and is eligible to become a citizen if certain conditions are met.

2. Since you are not a citizen and not a PR, you are eligible to apply for PR. No problem there.

3. You cannot hide your father's details if you apply for PR. You have to disclose and explain the circumstances in LOE.

The presumption when applying for PR is that the person has not met conditions for Citizenship yet, nor is he a PR yet, so he is by logic eligible to apply for PR. They cannot reject your application as invalid. That would happen only if you were already a citizen or PR which you are not.

That's just my understanding of it.

 

[gpremdas]

No, that is not what I said.
If you do apply for PR you MUST truthfully complete the online forms and attach all required documentation, which includes family information i.e. info about your father as well. Omitting information about your father would be misrepresentation which would see your application rejected.

Well of course I will complete all forms truthfully. But I have checked all the documentation that I need to upload and nowhere does it become necessary for me to reveal my father's citizenship. His name will be on my passport, and all my school certificates, but not his nationality. He died 20 years ago, so I also don't need to mention his details under the family section. In fact, the section where it asks to mention relatives in Canada, it clearly says only " if Living in Canada". Am I missing something here ?

 

[gpremdas]

Not an expert but here's what i think.

1. You are not a citizen. You are eligible to become one if certain conditions are met. But as of now, you are not. You are no different than someone who has spent say 4 years in Canada as a PR and is eligible to become a citizen if certain conditions are met.

2. Since you are not a citizen and not a PR, you are eligible to apply for PR. No problem there.

3. You cannot hide your father's details if you apply for PR. You have to disclose and explain the circumstances in LOE.

The presumption when applying for PR is that the person has not met conditions for Citizenship yet, nor is he a PR yet, so he is by logic eligible to apply for PR. They cannot reject your application as invalid. That would happen only if you were already a citizen or PR which you are not.

That's just my understanding of it.

Totally agree with your logic in 1 and 2. That seems irrefutable. I am hoping this is the case. For 3. I dont mean I will hide my father's details. I just mean that there doesn't seem any reason for me to mention or show his Canadian status. It doesn't seem required to do under any documental proof section. I have to show my passport, ECA report, IELTS, employment documents, proof of funds, and thats about it. Under the family section, looks like I only need to list living family. Correct ?

 

[lampbreaker]

My two cents. Being eligible for citizenship and being a citizen are two different things.

 

[canuck_in_uk]

Folks, I have a bit of a unique situation. Your experience could really help me. Please read through and offer the best advice you can. Will be highly appreciated!

I was born in India in 1985. Mother is indian and father was a Canadian citizen, naturalized long before i was born. He died in 1997 and had not renounced his Canadian citizenship till his death. In 2010, i found out that as first generation born abroad to a Canadian citizen, i am likely a Canadian citizen and i just need to apply for proof of Canadian citizenship. i.e. i do not need to apply for citizenship or PR. I did a lot of research, put together all the documentation and sent my application to the Canadian high commission in delhi. A year passes, and i do not hear back. None of my email queried are answered. In 2012 i go directly to the high commission in person, and after a lot of pain, manage to meet with somebody and they take my application and say they will send it to Canada. Again no response. I don't believe it ever got sent to Canada, as i was not able to track my application online. I got really stuck because as per CIC policy, one can only apply from their country of residence. So there is no way for me to apply directly, and i can only go through the Delhi office. I gave up the idea and went on with my life. But late last year, i just happened to calculate my CRS score and was surprised to see that i made well above the typical cut off. I decided to apply for PR and submitted my EE profile. I got invited in the Feb draw and i am now putting together my documentation for PR application.

Question 1) When i submit my father's details, CIC will know my father was a Canadian citizen. Is there anyway the case officer can decide that i shouldn't apply for PR, as i am likely a Canadian citizen already ? Can my application get rejected based on this. This would really put me in very paradoxical position. Should i avoid including my father's Canadian details ?

Question 2) Is there any way i can contact CIC to ask this question BEFORE i submit my application ? All the enquiry emails i have found so far, only seem to be for those with application already in progress.

Really look forward to some help here guys. I don't want to risk anything going wrong this time. Too many years have gone by already.

You were born a Canadian citizen and therefore do not qualify for PR. I'm not sure why you haven't aggressively pursued this through the Canadian High Commission. If you have filed apps and they haven't been processed, start filing complaints.