2nd Generation Citizenship

[dalwinder.jj]

Hello,

Sammy was born to a Canadian citizen in 1987 in India. Sammy got her Canadian citizenship even shen she was born in India.

Sammy got married to John in the US, and they had a son born in 2011 in USA (after the 2nd generation rule). Son - Mike is a US citizen.

Now, All of them live in the US. What will be the process if Mike (son born in US to Sammy - a canadian citizen born outside canada wants to be a canadian citizen or a canadian PR.

Thank you advance.

 

[k.h.p.]

Mike can't be a citizen automatically. Sammy can sponsor Mike for PR. After Mike has lived in Canada for three years, Mike can apply for citizenship.

 

[issteven]

Mike can't be a citizen automatically. Sammy can sponsor Mike for PR. After Mike has lived in Canada for three years, Mike can apply for citizenship.

what if Sammy got her CA citizenship, not from descent , but by her own naturalization in CA(PR->citizenship)? does that make a difference?

 

[canuck_in_uk]

Mike can't be a citizen automatically. Sammy can sponsor Mike for PR. After Mike has lived in Canada for three years, Mike can apply for citizenship.

The child would not be required to meet the citizenship residency requirement. The mother could apply for his citizenship as soon as he becomes a PR.

 

[canuck_in_uk]

what if Sammy got her CA citizenship, not from descent , but by her own naturalization in CA(PR->citizenship)? does that make a difference?

Yes. A child born outside of Canada to a naturalized Canadian is a Canadian by birth.

 

[dalwinder.jj]

Mike can't be a citizen automatically. Sammy can sponsor Mike for PR. After Mike has lived in Canada for three years, Mike can apply for citizenship.

Can she apply for mike’s PR while living in the US

 

[canuck_in_uk]

Can she apply for mike’s PR while living in the US

Yes.

 

[hawk39]

Can she apply for mike’s PR while living in the US

I believe Sammy has to show that she intends to move to Canada by the time Mike is granted PR though.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

"Sponsoring if you live outside Canada
If you’re a Canadian citizen living outside Canada, you can sponsor your:

• spouse,
• common-law partner,
• conjugal partner,
• dependent child.

You must show that you’ll live in Canada when the sponsored person becomes a permanent resident."

 

[canuck_in_uk]

I believe Sammy has to show that she intends to move to Canada by the time Mike is granted PR though.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

"Sponsoring if you live outside Canada
If you’re a Canadian citizen living outside Canada, you can sponsor your:

• spouse,
• common-law partner,
• conjugal partner,
• dependent child.

You must show that you’ll live in Canada when the sponsored person becomes a permanent resident."

Yes, proof of the sponsor's intent to return to Canada upon approval of the PR app must be provided.

 

[dalwinder.jj]

Yes, proof of the sponsor's intent to return to Canada upon approval of the PR app must be provided.

But let's say the child receives his PR. Does the child HAS to meet the 2 year residency requirement after being a PR or he is exempted if he lives with his mother in US.

 

[canuck_in_uk]

But let's say the child receives his PR. Does the child HAS to meet the 2 year residency requirement after being a PR or he is exempted if he lives with his mother in US.

The child won't get PR if the mother doesn't show that she is moving to Canada.

 

[dalwinder.jj]

The child won't get PR if the mother doesn't show that she is moving to Canada.

But let's she shows she wish to move to Canada with the child, and the child is granted PR. Does he needs to maintain his PR status by meeting residency requirement of 2 years?

 

[hawk39]

But let's she shows she wish to move to Canada with the child, and the child is granted PR. Does he needs to maintain his PR status by meeting residency requirement of 2 years?

If the child is not going to apply for citizenship and will just maintain the PR status, then I believe the residency requirement applies; so yes. But simply stating that she wishes to move does not show intent. She needs to show hard proof, like a Canadian house deed and Canadian bank accounts with assets.

 

[canuck78]

Mike also needs to show proof that he is also moving to a Canada like giving notice at his job, putting house up for sale, looking for jobs in Canada. Given your situation expect to be required to provide concrete proof you will be relocating from the US to Canada.

 

[canuck_in_uk]

But let's she shows she wish to move to Canada with the child, and the child is granted PR. Does he needs to maintain his PR status by meeting residency requirement of 2 years?

While a minor, the child meets the PR Residency Obligation by living with his Canadian parent outside of Canada.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10