Canadian Citizen and OCI holder with PR wife | Delivered baby boy in India | Question about future travel to Canada.

[harryIsBrahmachari]

Hello.
Background information:
I am a Canadian citizen and my wife is PR (PR Card expiry date is Dec 2022)
We came to India in 2020 and my wife gave birth to a baby boy.
Now my wife's PR is expired on DEC 2022.

Wife's PR status:
But I heard that if a Canadian PR is living with her spouse who is a Canadian citizen, outside of Canada, then the the duration for which she accompanied her spouse will be counted towards residency requirements. Is that correct ?
Anyone has any inputs or information on this ?

Newborn's (Child's) citizenship prospects:
Also what about my child's citizenship ? as far as I know he can apply for a Canadian citizenship before he turns 18years , is that true ?
till then does he need Visitor Visa to travel to Canada ?
What is the recommended way in this case to secure the future travel to Canada as a FAMILY (i.e. me traveling with my PR wife and Indian citizen child)

Any inputs will be greatly appreciated.

 

[canvis2006]

As a Canadian citizen, you should know whats clearly written on ircc website. Not saying this “you heard” stuff, come on man get serious.

Obviously your wife and son will need to get their documents in order. Apply for her PRTD and apply for baby’s documentation (whether indian or canadian), as usual the forms and instructions are on IRCC website. And contact the CHC consular section for your baby’s canadian citizenship process ir follow what they indicate.

 

[harryIsBrahmachari]

Thanks.
Noted your suggestion.
But trust me I'm not being casual about the process.
I haven't found any relavant information earlier.

Respect your prompt response and commitment towards process.

 

[canvis2006]

Well you have to get birth certificate of the baby first. If you email/contact the consular section they will send you the required information on how to proceed.
Baby would be both indian and canadian so u may have to get Indian citizenship as well as cdn citizenship for the baby
Apply prtd for your wife as well. But only if u have travel plans as they issue the prtd as per travel dates.

 

[shiremag]

Well you have to get birth certificate of the baby first. If you email/contact the consular section they will send you the required information on how to proceed.
Baby would be both indian and canadian so u may have to get Indian citizenship as well as cdn citizenship for the baby
Apply prtd for your wife as well. But only if u have travel plans as they issue the prtd as per travel dates.

Dual Citizenship is not recognised or allowed by the Constitution of India/ Indian Citizenship Act 1955. Once you get the birth certificate, contact the High Commission of Canada to get paper work started for Citizenship by descent if you want your child to have Canadian citizenship. Else, you may apply for an Indian passport as long as one parent is still an Indian Citizen and the other parent is legally present in India at the time of birth.

 

[harryIsBrahmachari]

Dual Citizenship is not recognised or allowed by the Constitution of India/ Indian Citizenship Act 1955. Once you get the birth certificate, contact the High Commission of Canada to get paper work started for Citizenship by descent if you want your child to have Canadian citizenship. Else, you may apply for an Indian passport as long as one parent is still an Indian Citizen and the other parent is legally present in India at the time of birth.

Thanks.

 

[deeps1987]

Hello.
Background information:
I am a Canadian citizen and my wife is PR (PR Card expiry date is Dec 2022)
We came to India in 2020 and my wife gave birth to a baby boy.
Now my wife's PR is expired on DEC 2022.

Wife's PR status:
But I heard that if a Canadian PR is living with her spouse who is a Canadian citizen, outside of Canada, then the the duration for which she accompanied her spouse will be counted towards residency requirements. Is that correct ?
Anyone has any inputs or information on this ?

Newborn's (Child's) citizenship prospects:
Also what about my child's citizenship ? as far as I know he can apply for a Canadian citizenship before he turns 18years , is that true ?
till then does he need Visitor Visa to travel to Canada ?
What is the recommended way in this case to secure the future travel to Canada as a FAMILY (i.e. me traveling with my PR wife and Indian citizen child)

Any inputs will be greatly appreciated.

Regarding your wife, as far as I know, there is no special provision for spouse. Refer below link.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=357&top=5
Marrying a Canadian citizen doesn’t give you citizenship.

If you want to become a Canadian citizen, you must follow the same steps as everyone else. There isn’t a special process for spouses of Canadian citizens.

You must meet several requirements to apply for citizenship. You must be physically present in Canada for at least 1,095 days during the 5 years right before the date you applied.

And you mentioned that you came to India in 2020. Did she still lived in Canada for 730 days in last 5 years? If yes, apply for PRTD and travel back to Canada to maintain her status. Else you risk on loosing it which mean again going through the process.

Regarding you child, his Canadian citizenship depends on when you became citizen of Canada. If you were a citizen before your child was born, then your child is a Canadian citizen. Refer below link
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html

Apply for Canadian Citizenship certificate for your child and once received, apply for the passport.
If your child was born before you became Canadian citizen, then you need to sponsor for his PR

 

[harryIsBrahmachari]

Regarding your wife, as far as I know, there is no special provision for spouse. Refer below link.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=357&top=5
Marrying a Canadian citizen doesn’t give you citizenship.

If you want to become a Canadian citizen, you must follow the same steps as everyone else. There isn’t a special process for spouses of Canadian citizens.

You must meet several requirements to apply for citizenship. You must be physically present in Canada for at least 1,095 days during the 5 years right before the date you applied.

And you mentioned that you came to India in 2020. Did she still lived in Canada for 730 days in last 5 years? If yes, apply for PRTD and travel back to Canada to maintain her status. Else you risk on loosing it which mean again going through the process.

Regarding you child, his Canadian citizenship depends on when you became citizen of Canada. If you were a citizen before your child was born, then your child is a Canadian citizen. Refer below link
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html

Apply for Canadian Citizenship certificate for your child and once received, apply for the passport.
If your child was born before you became Canadian citizen, then you need to sponsor for his PR

Thanks for reply.
I was a Canadian citizen(became citizen in 2019) before my child was born (2021). So looks like my child is a citizen and I just need to apply for his citizenship certificate.

Regarding my wife she could not spend 730 days in last 5 years.
But I am sure the time she lived with me in India will count towards her PR residency calculation.
check this link https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10 and section "You travel with a spouse or common-law partner"

 

[deeps1987]

Thanks for reply.
I was a Canadian citizen(became citizen in 2019) before my child was born (2021). So looks like my child is a citizen and I just need to apply for his citizenship certificate.

Regarding my wife she could not spend 730 days in last 5 years.
But I am sure the time she lived with me in India will count towards her PR residency calculation.
check this link https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10 and section "You travel with a spouse or common-law partner"

The link you shared is for individual who are working for Canadian businesses or firms outside Canada and for Govt employee and their spouses. So if you are in India for work, yes, your spouse Residency will be counted