Citizenship application for children

[mr-moose]

Hi All,

My wife is a Canadian Citizen (by descent). We are living in Canada (Ontario) with our 3 children. Myself and the kids are on PR visas. We have currently been here for about 18 months and are loving it.

We are wondering if, given the situation described above, our kids are eligible to apply for citizenship now. Looking at the page https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-minors.html and the associated guidelines, it seems as though they are eligible.

If so, does anyone have any ideas how long it might take for this process to complete from application to granting of citizenship? Rough estimates is fine.

Thanks,
Mr Moose.

 

[Zmaqsood]

Hi All,

My wife is a Canadian Citizen (by descent). We are living in Canada (Ontario) with our 3 children. Myself and the kids are on PR visas. We have currently been here for about 18 months and are loving it.

We are wondering if, given the situation described above, our kids are eligible to apply for citizenship now. Looking at the page https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-minors.html and the associated guidelines, it seems as though they are eligible.

If so, does anyone have any ideas how long it might take for this process to complete from application to granting of citizenship? Rough estimates is fine.

Thanks,
Mr Moose.

Just a quick question where were ur children born? In canada or outside? And was ur wife canadian citizen at the time of their birth?

 

[mr-moose]

Just a quick question where were ur children born? In canada or outside? And was ur wife canadian citizen at the time of their birth?

So my kids were all born in Australia, as was my wife. I'm not sure if she was a Canadian at birth, or simply registered sometime afterwards. My wife's parents are both Canadian citizens (although they too now live in Australia).

 

[Zmaqsood]

So my kids were all born in Australia, as was my wife. I'm not sure if she was a Canadian at birth, or simply registered sometime afterwards. My wife's parents are both Canadian citizens (although they too now live in Australia).

So tricky part which i hope seniors or someone with similar situation may clarify is whether citizen by descent children can skip the residence requirement and become citizens without any parents applying with them at same time. As of now the only thing i am sure abt is ur children are not canadian citizen just on the basis of their mother being canadian as canada only grant citizenship by descent to first generation born outside canada

 

[mr-moose]

So tricky part which i hope seniors or someone with similar situation may clarify is whether citizen by descent children can skip the residence requirement and become citizens without any parents applying with them at same time. As of now the only thing i am sure abt is ur children are not canadian citizen just on the basis of their mother being canadian as canada only grant citizenship by descent to first generation born outside canada

Thanks for the reply Zmaqsood. From what I can understand, our children should be eligible under subsection 5(2) without the need to have lived in Canada for any particular length of time. Under subsection 5(1) where neither parent is a Canadian citizen, there is a requirement for the child to have been "...physically in Canada for at least 1095 days in the five years before applying".

So I'm just looking for clarity around whether our understanding is correct that the children will qualify under subsection 5(2) given my wife has citizenship through descent. There doesn't seem to be any distinction around how citizenship was obtained when considering citizenship for the children.

Any other thoughts or opinions are more than welcome.

 

[armoured]

Thanks for the reply Zmaqsood. From what I can understand, our children should be eligible under subsection 5(2) without the need to have lived in Canada for any particular length of time. Under subsection 5(1) where neither parent is a Canadian citizen, there is a requirement for the child to have been "...physically in Canada for at least 1095 days in the five years before applying".

So I'm just looking for clarity around whether our understanding is correct that the children will qualify under subsection 5(2) given my wife has citizenship through descent. There doesn't seem to be any distinction around how citizenship was obtained when considering citizenship for the children.

Any other thoughts or opinions are more than welcome.

Bumping this - anyone have experience with this process? My child does not have citizenship as I was born abroad (and she was). We will be immigrating/returning as family relatively soon. I understand we can apply for citizenship for chldren right away.

Is this correct? Anyone have insight into how long the process takes?

 

[zardoz]

Bumping this - anyone have experience with this process? My child does not have citizenship as I was born abroad (and she was). We will be immigrating/returning as family relatively soon. I understand we can apply for citizenship for chldren right away.

Is this correct? Anyone have insight into how long the process takes?

If you are a Canadian citizen, https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-minors.html would appear to be applicable. See https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/minors.html

 

[armoured]

If you are a Canadian citizen, https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-minors.html would appear to be applicable. See https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/minors.html

Thank you; yes, I'm a canadian citizen. That does seem to be what I understood too aplogies, sometimes useful to do 'reality check' by comparing forms to what others understand.

Anyone have practical experience doing this process and how long it takes - especially for those applying not 'at same time as permanent resident parents', i.e. applying as citizens for their children/non-citizens?

 

[Rajhunter]

I recently applied for citizenship for all 3 of my children after I obtained citizenship by naturalization. There is no residency requirements or police verification for minors for citizenship application. Since I am a naturalized citizen and my children were born abroad before my naturalization, I had to sponsor them and then applied for citizenship. What I understand from foreign born children with Canadian parents, the IRCC will look at the parents citizenship if it was obtained by naturalization or by being Canadian born or by descent. If it was by descent (First generation), your children will be considered second generation descent in which case, they don't qualify for citizenship grant directly. They need to go through PR sponsorship process and then citizenship. But if one of the parents is a naturalized or a Canadian born citizen, the children would qualify directly by being first generation descent citizens. Anyways I would consult a Immigration lawyer.

 

[armoured]

What I understand from foreign born children with Canadian parents, the IRCC will look at the parents citizenship if it was obtained by naturalization or by being Canadian born or by descent. If it was by descent (First generation), your children will be considered second generation descent in which case, they don't qualify for citizenship grant directly. They need to go through PR sponsorship process and then citizenship.

This is precisely the case I am referring to - I am Canadian by descent (even though grew up in Canada, I happened to be born abroad). We are going through sponsorship process and expect children (and my wife) to receive PR status and land. What I'd like to do is apply for citizenship for the children as soon as possible after landing - that is, I know that they do not qualify for 'direct grant' (they cannot get citizenship while we are abroad).

What I understand is that there is no 'qualifying period' for Canadian citizenship by longer-term residency for children with PR status and resident in Canada, whose parents are Canadian citizens - whether the parent is naturalized or by descent or by birth.

Put differently, any child with PR status for whom one of the parents is a Canadian citizen can apply immediately. Obviously ignore for these purposes those children who qualify for citizenship by dint of birth or descent.

 

[AJ JIPP]

This is precisely the case I am referring to - I am Canadian by descent (even though grew up in Canada, I happened to be born abroad). We are going through sponsorship process and expect children (and my wife) to receive PR status and land. What I'd like to do is apply for citizenship for the children as soon as possible after landing - that is, I know that they do not qualify for 'direct grant' (they cannot get citizenship while we are abroad).

What I understand is that there is no 'qualifying period' for Canadian citizenship by longer-term residency for children with PR status and resident in Canada, whose parents are Canadian citizens - whether the parent is naturalized or by descent or by birth.

Put differently, any child with PR status for whom one of the parents is a Canadian citizen can apply immediately. Obviously ignore for these purposes those children who qualify for citizenship by dint of birth or descent.

So once a parent is qualified to apply for citizenship after doing more than 1095 days in Canada as PR, the dependent children on PR status qualifies with that parent to apply, regardless of their time of physical presence in Canada (whether it meets 1095 days or not)?

 

[armoured]

So once a parent is qualified to apply for citizenship after doing more than 1095 days in Canada as PR, the dependent children on PR status qualifies with that parent to apply, regardless of their time of physical presence in Canada (whether it meets 1095 days or not)?

I do not know the answer to your question, as situation I was referring to is different.

(Logically it might make sense but I do not know)

 

[harirajmohan]

So once a parent is qualified to apply for citizenship after doing more than 1095 days in Canada as PR, the dependent children on PR status qualifies with that parent to apply, regardless of their time of physical presence in Canada (whether it meets 1095 days or not)?

Right. No minimum number of days of physical presence for child when included with parent's application.
Example: Parent completed 1095 days. Child completed 1 day. Now parent can apply for his/her citizenship along with the child for child's citizenship.

 

[AJ JIPP]

Right. No minimum number of days of physical presence for child when included with parent's application.
Example: Parent completed 1095 days. Child completed 1 day. Now parent can apply for his/her citizenship along with the child for child's citizenship.

Pretty clear, thank you. The spouse has to complete 1095 as this provision does not cover.

 

[expatgoingback]

I do not know the answer to your question, as situation I was referring to is different.

(Logically it might make sense but I do not know)

I'm curious if you've advanced at all with this? I know you are alread in Canada, have you been able to fast track your children's citizenship? I'll be looking at doing the same whenever my PR comes through.