Can Kids Go To School ?

[Icky Sloman]

Hi,

My wife is American, by birth, but got her Canadian citizenship about a year ago (Her Mothers Canadian).

I am British, and we have 2 children aged 8 & 12 (both born in UK) and we all currently live in the UK. We have been married for 15 years.

My wife has decided that she would like to live closer to her mother in BC and so my wife will family sposor myself and the kids.

We plan to apply through London, and then go to Canada and stay with her mum (we will be living with her permanently when we relocate to BC), whilst the appplication is processed.

Here are my questions (at last I hear you say :)

1. Will our children be able to go to school in BC during the sponsorship process, due to fact that their mother is a Canadian citizen?

2. Are there any real problems with applying from UK through London, but then moving to Canada whilst the application process is taking place, with a view of not returning to the UK? Obviously if the tourist visa was to get close to expiring before the PR status arrived, I would apply for an extension.

3. I know I cannot find employment whilst my application is being processed, but what if I was to make my own income eg: Ebay selling etc. Are you allowed to make an income, providing you are not taking jobs from Canadian citizens

I can live without the income if needs be, but don't want the kids to be out of school for any length of time, so this is the main area I need advice on.

Many thanks for any info you can send my way.

 

[PMM]

Hi

Hi,

My wife is American, by birth, but got her Canadian citizenship about a year ago (Her Mothers Canadian).

I am British, and we have 2 children aged 8 & 12 (both born in UK) and we all currently live in the UK. We have been married for 15 years.

My wife has decided that she would like to live closer to her mother in BC and so my wife will family sposor myself and the kids.

We plan to apply through London, and then go to Canada and stay with her mum (we will be living with her permanently when we relocate to BC), whilst the appplication is processed.

Here are my questions (at last I hear you say :)

1. Will our children be able to go to school in BC during the sponsorship process, due to fact that their mother is a Canadian citizen?

2. Are there any real problems with applying from UK through London, but then moving to Canada whilst the application process is taking place, with a view of not returning to the UK? Obviously if the tourist visa was to get close to expiring before the PR status arrived, I would apply for an extension.

3. I know I cannot find employment whilst my application is being processed, but what if I was to make my own income eg: Ebay selling etc. Are you allowed to make an income, providing you are not taking jobs from Canadian citizens

I can live without the income if needs be, but don't want the kids to be out of school for any length of time, so this is the main area I need advice on.

Many thanks for any info you can send my way.

1. She doesn't have to sponsor the children as they are Canadian citizens by descent. She has to apply for proof of citizenship. See: http://www.cic.gc.ca/english/citizenship/proof.asp As her citizenship is retroactive to her birth. http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq09.asp
2. She can apply for proof of their citizenship (12=16 months) but can also apply for a Canadian passport for the children as well with proof of applying for their citizenship. So as citizens they can attend school.
3. She would have to sponsor you. The sponsorship and you complete application go to Mississauga, and yes you would chose London as the processing office. If you are admitted to Canada as a visitor, the application can still be processed in London, but if an interview is required, it would be in London.


PMM

 

[Icky Sloman]

Hi PMM,

Many thanks for your quick response.

Regarding my wifes Canadian citizenship, she has the certificate to say she is now a canadian citizen. Am I understanding you correctly when you say that this is now retroactive to her birth date, and as a citizen from birth, our kids are now entitled to canadian citizenship?

"2. She can apply for proof of their citizenship (12=16 months) but can also apply for a Canadian passport for the children as well with proof of applying for their citizenship. So as citizens they can attend school."

Do you mean it can take 12 - 16 months for the kids proof of citizenship to be issued, and if so, will they issue a Canadian passport before the proof has been issued. If so, how long does it take for a passport to be issued in this way? (if you know ), and once they have a passport, are they allowed to live in Canada as citizens eg health care etc.

Sorry if I am making you explain everything again, but obviously if the kids are entitled to citizenship, not sponsoring them would be a step closer to getting to Canada

Many thanks for all your help.

Steve

 

[PMM]

Hi

Hi PMM,

Many thanks for your quick response.

Regarding my wifes Canadian citizenship, she has the certificate to say she is now a canadian citizen. Am I understanding you correctly when you say that this is now retroactive to her birth date, and as a citizen from birth, our kids are now entitled to canadian citizenship?

"2. She can apply for proof of their citizenship (12=16 months) but can also apply for a Canadian passport for the children as well with proof of applying for their citizenship. So as citizens they can attend school."

Do you mean it can take 12 - 16 months for the kids proof of citizenship to be issued, and if so, will they issue a Canadian passport before the proof has been issued. If so, how long does it take for a passport to be issued in this way? (if you know ), and once they have a passport, are they allowed to live in Canada as citizens eg health care etc.

Sorry if I am making you explain everything again, but obviously if the kids are entitled to citizenship, not sponsoring them would be a step closer to getting to Canada

Many thanks for all your help.

Steve

1. Yes her citizenship is retroactive to birth.
2. Yes, they will issue a passport while waiting for proof of citizenship, about 4 weeks.
3. In BC they won't be eligible for BC MSP until after the 3 months waiting period, so be sure to purchase insurance to cover that period.

PMM

 

[Icky Sloman]

Hi PMM,

Thank you, Thank you, Thank you..... ;D ;D ;D

I'm sure I will have more questions soon, but for now you have given me some very good news.

Very Best Wishes to you.

Steve

 

[shmuhahaha]

Hi PMM,

Thank you, Thank you, Thank you..... ;D ;D ;D

I'm sure I will have more questions soon, but for now you have given me some very good news.

Very Best Wishes to you.

Steve

Please excuse me if I'm being bearer of bad news. They have new rules for second generation Canadians effective April 17, 2009.

Please verify this link
http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq06.asp
http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq01.asp

 

[PMM]

HI

Please excuse me if I'm being bearer of bad news. They have new rules for second generation Canadians effective April 17, 2009.

Please verify this link
http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq06.asp
http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq01.asp

I suggest that you read it a little more closely, it only effects children born abroad after April 19/09, it doesn't effect the OPs children. Note the OPs children, if THEY have children born abroad, those children will NOT receive citizenship through descent.

PMM

 

[Suin]

Please excuse me if I'm being bearer of bad news. They have new rules for second generation Canadians effective April 17, 2009.

Please verify this link
http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq06.asp
http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq01.asp

so you think in this case kids should be sponsored for PR first?

 

[PMM]

Hi

so you think in this case kids should be sponsored for PR first?

Yes in cases where the Canadian citizen is born abroad, and the children are born abroad after 19/04/09 they will have to sponsored.

PMM

 

[shmuhahaha]

Hi

Yes in cases where the Canadian citizen is born abroad, and the children are born abroad after 19/04/09 they will have to sponsored.

PMM

PMM is right! Children should be born before April 17-2009 to qualify for second generation citizenship.

 

[lasbagman]

I am in a similar situation and this what the CIC told me:
My wife and I were born in the USA to Canadian Fathers and American Mothers and because of Bill C37 we are now first generation Canadians born abroad, we have a 13 year old daughter born in Las Vegas , Nevada and she is 2nd generation and thus My wife and I will need to Sponsor her as a PR.

Now if the OP wife had a RBA done with Canadian Consulate when she was born, Her children would be considered Canadians.

 

[PMM]

Hi

I am in a similar situation and this what the CIC told me:
My wife and I were born in the USA to Canadian Fathers and American Mothers and because of Bill C37 we are now first generation Canadians born abroad, we have a 13 year old daughter born in Las Vegas , Nevada and she is 2nd generation and thus My wife and I will need to Sponsor her as a PR.

Now if the OP wife had a RBA done with Canadian Consulate when she was born, Her children would be considered Canadians.

Someone gave you the wrong information.

From www.cic.gc.ca

New citizenship rules
I was born outside Canada to a Canadian parent. Will my children be Canadian?

In general, if your children are born in Canada, they will be Canadian. If your children are born outside Canada on or after April 17, 2009, they will be Canadian only if their other parent was born in Canada or became a Canadian citizen by immigrating there as a permanent resident and subsequently being granted citizenship (also called naturalization).

If your children are born outside Canada while you are working outside Canada for the Canadian government, a Canadian province, or serving outside Canada with the Canadian Forces, they will be Canadian. (This exception does not apply to Canadians employed as locally-engaged staff outside the country.)

Some naturalized citizens became citizens by descent by operation of law on April 17, 2009. If you think this may apply to you and you need more information, please contact us.

PMM

 

[lasbagman]

Hi in my case CIC said since B C37 gave me my Citizenship effective April 17 2009, I was not a Canadian when my daughter was born in 1996. If my Dad registered me as a Canadian when I was born, My daughter would be a Canadian. I spoke to 2 diffrent CIC agents and they are sticking to their guns about the 2nd generation rule.

 

[PMM]

Hi

Hi in my case CIC said since B C37 gave me my Citizenship effective April 17 2009, I was not a Canadian when my daughter was born in 1996. If my Dad registered me as a Canadian when I was born, My daughter would be a Canadian. I spoke to 2 diffrent CIC agents and they are sticking to their guns about the 2nd generation rule.

They were wrong again http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq09.asp

New citizenship rules
Who will acquire citizenship or have it restored under the new law?

The new law automatically restores or gives citizenship to many who lost it or never had it due to previous laws. For instance, certain people who became Canadian citizens on or after January 1, 1947, when the first Citizenship Act took effect, and who then lost it, now have their status restored retroactively to the date they lost it.

Others, who have never been Canadians, but who are part of the first generation born outside Canada to a Canadian parent, became Canadians under the new law. Their citizenship is retroactive to their date of birth.

Sounds like you got someone who hasn't read C-37

PMM

 

[Icky Sloman]

Hi PMM,

I think I understand the policy here, but please correct me if I am wrong.

Because my wife has retroactive Canadian citizenship to her date of birth, it means that she can (under the old rules) now pass that citizenship on to her kids, even though they are 2nd generation born out of Canada, due to the fact that they were born BEFORE April 17th 2009.

However, if she had another child born today, that child would have to be sposored due to being born AFTER April 17th 2009?

If I understand it correctly, Prior to this new Bill C-37, any person who had Canadian citizenship at the time of birth of their children could automatically pass it to their child even if they were 2nd, 3rd, 4th or 5th generation born out of Canada. That is the reason this Bill has been introduced, to limit it from April 2009 to 1st generation only.

Have I grasped this correctly.

The CIC website isn't very clear, and it was only after reading the reason for them bringing in the new BIll that I understood things - I think :

We tried to call the London Embassy to clarify, but apparently everything has to be done through e-mail these days

Thanks for all your elp and advice.

Steve