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enderr

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May 3, 2024
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Hi, I tried searching the forum but read conflicting reports, so apologies for posting something that may already be answered. My spouse and I are Canadian Citizens, we have been living in the US for the past 3 years on L1/L2 visas as my company relocated me temporarily. We are now moving back home as my work assignment is complete. Since we've been in the US, we had our first child. He is a US citizen and has a US passport. We have not applied for his Canadian citizenship yet, but plan to after we move.

My main question: Do we need to do any sort of paperwork or application in advance of our border crossing for him to gain permanent residency as we wait for his citizenship?

Thanks!
 
Hi, I tried searching the forum but read conflicting reports, so apologies for posting something that may already be answered. My spouse and I are Canadian Citizens, we have been living in the US for the past 3 years on L1/L2 visas as my company relocated me temporarily. We are now moving back home as my work assignment is complete. Since we've been in the US, we had our first child. He is a US citizen and has a US passport. We have not applied for his Canadian citizenship yet, but plan to after we move.

My main question: Do we need to do any sort of paperwork or application in advance of our border crossing for him to gain permanent residency as we wait for his citizenship?

Thanks!

He will not become a PR. He will go directly to citizenship. He can enter Canada based on his US passport.
 
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Great, two follow up questions. I will plan to apply for his Citizenship Certificate when we're in Canada, I think the wait time is only 3 months, but if it does take longer than 6 months will that be an issue?

Do you have any advance on what language to use for the border guard when crossing ie "My son is eligible for Canadian citizenship which we are in the process of getting, but he will be entering with a US passport for this crossing. Our plan is to become re-establish residency in Canada."?

Thanks!
 
Sorry by language I meant specific wording recommendations to use at the border to convey our situation, I will be using English :)
 
Sorry by language I meant specific wording recommendations to use at the border to convey our situation, I will be using English :)
There is no specific wording situation to convey your situation. Your child is Canadian Citizen, you may apply for Proof of Citizenship/Citizenship Certificate.
 
Do you have any advance on what language to use for the border guard when crossing ie "My son is eligible for Canadian citizenship which we are in the process of getting, but he will be entering with a US passport for this crossing. Our plan is to become re-establish residency in Canada."?

The only terminology bit is that you can and truthfully should say that he is or you believe he is a citizen by descent. Not you will 'apply for citizenship', but that he is one; you'd be applying for a certificate of (proof of) citizenship, not 'to become' or a grant of citizenship. But in plain speech no-one's going to disagree with the other wording, most of the time anyway.

I would suggest at border stating ('you believe' if you want to be extra polite) that your son is a Canadian citizen by birth (by descent) as both parents are [Canadian born.] Show your passports and the birth certificate. Say yes, you know you need to apply for his citizenship certificate, we'll get to that straightaway. In the meantime, most/many government offices will accept his birth certificate showing parentage and your proof of citizenship as attesting to his citizenship - hopefully at least for all the important things. (Once you have a copy of the application, it'll be even easier)

[Brackets - substitute the factual obviously if you're not both Canadian born] - your son is a citizen as long as one of you was Canadian born or naturalized as a citizen before his birth. If both of you got citizenship by descent (you were both born abroad of Canadian parents), it gets complicated - without complicating things too much, sort of Schrodinger's citizenship status. But easier in that he'll get the citizenship sooner or later.
 
Hi, I tried searching the forum but read conflicting reports, so apologies for posting something that may already be answered. My spouse and I are Canadian Citizens, we have been living in the US for the past 3 years on L1/L2 visas as my company relocated me temporarily. We are now moving back home as my work assignment is complete. Since we've been in the US, we had our first child. He is a US citizen and has a US passport. We have not applied for his Canadian citizenship yet, but plan to after we move.

My main question: Do we need to do any sort of paperwork or application in advance of our border crossing for him to gain permanent residency as we wait for his citizenship?

Thanks!

Your bigger issue is healthcare which is why I would start the citizenship process asap. Your child will be a visitor in Canada so will only qualify for healthcare in some provinces until confirmation of citizenship. Where are you moving?
 
Your bigger issue is healthcare which is why I would start the citizenship process asap. Your child will be a visitor in Canada so will only qualify for healthcare in some provinces until confirmation of citizenship. Where are you moving?

Good point, it would be better to apply for the citizenship certificate as soon as possible.

I recall hearing the experience (of a poster here?) that one province granted coverage under the provincial plan on basis of the child's (presumed) citizenship as child of Canadian parents (their citizenship + birth certificate as proof of parentage). Possibly the copy of application for certificate of citizenship was shown as well. BUT: I absolutely would not suggest that this is the norm or should be expected, rather that it may exist as a slim possibility.