Applying for Citizenship and PR Obligations for Wife and Child: Is this Information True?

[Frank Thomas]

Hi,
I was wondering if someone with good information can clarify me on this. I have two questions. I am a Permanent Resident of Canada for the past 3 years and my wife and daughter just became landed immigrants (permanent residents) last month. Due to the fact that my wife has a job at a company in my country, she and our four-year-old daughter had to return after a month because she came primarily on vacation this trip.

A. I am thinking about applying for Canadian citizenship, and an immigration consultant said this to me:
“If you become a Canadian citizen and it happens that your wife and daughter are unable to fulfill the minimum residency obligation of living in Canada for at least two out of the five years of their permanent residency status, their applications to renew their permanent residency will always be approved by immigration authorities because as a spouse and child of a Canadian citizen, they are covered.”

B. Someone suggested to me that I should include my four-year-old daughter in my application for citizenship. My question is, is it possible for a father who is a permanent resident to include his little child in his application for citizenship or would I have to wait until I become a citizen first and then do the same for my child so she may inherit it from me? Will my daughter have to have lived in Canada for a certain period of time for me to be able to include her in a citizenship application?

*I also heard that even if I became a citizen, I will not be able to file for my spouse so that she too can become a citizen, and that immigration law only makes it possible for parents to file for their children.
If you guys might have any helpful links to share as well, I will be grateful.

 

[hawk39]

A. I am thinking about applying for Canadian citizenship, and an immigration consultant said this to me:
“If you become a Canadian citizen and it happens that your wife and daughter are unable to fulfill the minimum residency obligation of living in Canada for at least two out of the five years of their permanent residency status, their applications to renew their permanent residency will always be approved by immigration authorities because as a spouse and child of a Canadian citizen, they are covered.”

Per this guideline, if you are a citizen, you need to be accompanying your wife outside of Canada, or the company she is working for needs to be headquartered in Canada, in order for her to be able to continue meeting the residency obligation for PR.

B. Someone suggested to me that I should include my four-year-old daughter in my application for citizenship. My question is, is it possible for a father who is a permanent resident to include his little child in his application for citizenship or would I have to wait until I become a citizen first and then do the same for my child so she may inherit it from me? Will my daughter have to have lived in Canada for a certain period of time for me to be able to include her in a citizenship application?

Per this guideline, you can include your daughter in your citizenship application, but I'm not sure if your daughter has to also be in Canada at the same time that you receive citizenship. You should also check if your home country allows multiple citizenship, as your daughter's legal status in that country might be affected if she continues to live with your wife after receiving Canadian citizenship.

*I also heard that even if I became a citizen, I will not be able to file for my spouse so that she too can become a citizen, and that immigration law only makes it possible for parents to file for their children.

You can not file citizenship for your wife as a family unless she also meets the residency obligation for citizenship. She needs to physically be in Canada for that obligation. The obligation in your Part A is only for maintaining PR, which is 2 out of 5 rolling years; the obligation for citizenship is 3 out of 5 rolling years in Canada. Per this guideline, parents can file citizenship separately for their child, that is the parent does not need to be a citizen; however the child still needs to fulfill the residency obligation to do so.

 

[Frank Thomas]

@hawk39 Thank you so much for this very helpful information. It’s a complicated situation. I may have to contact an immigration lawyer for definite answers, though they ask for money for everything. Unfortunately, my country doesn’t accept dual citizenship, but I do intend at some point to reside in my country of origin with my wife and daughter, since I wish to work in the private sector and possibly open up a small family business. That might help her when the time will come for her to apply to renew her PR status.

 

[abbas.pasha]

Hi,
I was wondering if someone with good information can clarify me on this. I have two questions. I am a Permanent Resident of Canada for the past 3 years and my wife and daughter just became landed immigrants (permanent residents) last month. Due to the fact that my wife has a job at a company in my country, she and our four-year-old daughter had to return after a month because she came primarily on vacation this trip.

A. I am thinking about applying for Canadian citizenship, and an immigration consultant said this to me:
“If you become a Canadian citizen and it happens that your wife and daughter are unable to fulfill the minimum residency obligation of living in Canada for at least two out of the five years of their permanent residency status, their applications to renew their permanent residency will always be approved by immigration authorities because as a spouse and child of a Canadian citizen, they are covered.”

B. Someone suggested to me that I should include my four-year-old daughter in my application for citizenship. My question is, is it possible for a father who is a permanent resident to include his little child in his application for citizenship or would I have to wait until I become a citizen first and then do the same for my child so she may inherit it from me? Will my daughter have to have lived in Canada for a certain period of time for me to be able to include her in a citizenship application?

*I also heard that even if I became a citizen, I will not be able to file for my spouse so that she too can become a citizen, and that immigration law only makes it possible for parents to file for their children.
If you guys might have any helpful links to share as well, I will be grateful.

You will have to apply for citizenship application as a single applicant (imho you do not need a immigration consultant to do so) either online or paper. Online application is an easier process as paper applicants are required to print, sign and courier all documents to Sydney NS
If you decide to apply with your child you will have apply via paper. You can include your child with your application...Child do not need to meet the residency requirement. (https://settlement.org/ontario/immigration-citizenship/citizenship/apply-for-canadian-citizenship/how-do-i-apply-for-canadian-citizenship/)
Once your wife fulfill her respective RO (i.e. 1095 days out of 5 years in Canada)she can apply separately

 

[scylla]

A. I am thinking about applying for Canadian citizenship, and an immigration consultant said this to me:
“If you become a Canadian citizen and it happens that your wife and daughter are unable to fulfill the minimum residency obligation of living in Canada for at least two out of the five years of their permanent residency status, their applications to renew their permanent residency will always be approved by immigration authorities because as a spouse and child of a Canadian citizen, they are covered.”

This is flat out wrong. Don't hire this immigration consultant.

It is true that if you are a citizen and you live outside of Canada with your wife, the time she spends living outside of Canada with you MIGHT count towards the PR residency requirement. However the downside of this is that IRCC will often apply the "who accompanied whom" rule in these situations. If you are outside of Canada primarily due to her job and obligations, then it won't count. If you relocated outside of Canada due to your job and your wife followed, then it will. In the situation you've described, I would say there's a significant risk IRCC won't let your wife count her time outside of Canada (but accompanied by you) towards PR since it seems pretty clear she left due to her own obligations / job vs. yours.

 

[Frank Thomas]

Thanks for your contributions, @abbas.pasha and @scylla. This whole thing is therefore more complicated than I thought. Canadian immigration law seems to be a bit unfairly hard on spouses, unfortunately. Would it therefore imply my wife would have wasted her time becoming a PR if she ends up losing it in the end because my potential citizenship wouldn’t be able to help her?

@abbas.pasha, thanks for the link you shared but I am a bit confused because on the Website, it states:

“The applicant must be a Canadian citizen or be applying to become one. Minors do not need to meet the residency requirement.” So that doesn’t apply to my four-year-old daughter who is a minor? I know the main thing is that she doesn’t live in Canada, but the link you said seems to suggest minors don’t need to meet the residency requirement. Unless that refers only to minors who live in Canada?

 

[canuck78]

Thanks for your contributions, @abbas.pasha and @scylla. This whole thing is therefore more complicated than I thought. Canadian immigration law seems to be a bit unfairly hard on spouses, unfortunately. Would it therefore imply my wife would have wasted her time becoming a PR if she ends up losing it in the end because my potential citizenship wouldn’t be able to help her?

@abbas.pasha, thanks for the link you shared but I am a bit confused because on the Website, it states:

“The applicant must be a Canadian citizen or be applying to become one. Minors do not need to meet the residency requirement.” So that doesn’t apply to my four-year-old daughter who is a minor? I know the main thing is that she doesn’t live in Canada, but the link you said seems to suggest minors don’t need to meet the residency requirement. Unless that refers only to minors who live in Canada?

Why is the immigration system unfair to spouses? Adults are evaluated individually. Since she never relocated to Canada it is unlikely that she will be able to count time with a Canadian spouse abroad towards her RO. If you have no plans on staying in Canada then if shouldn’t matter whether your spouse is able to o retain status in Canada.