Cananadian father and noncanadian mother ( second wife)

[Dilvin]

please I have a question :

Can an Islamic Canadian father who married second wife outside Canada give the citizenship to his son from his second wife? if the answer is No he cant then if he divorced his second wife so then he can give the canandian citizenship to his son ?
Note: he still has the first wife and children who already have the canandian citizenship.

 

[dav3000]

please I have a question :

Can an Islamic Canadian father who married second wife outside Canada give the citizenship to his son from his second wife? if the answer is No he cant then if he divorced his second wife so then he can give the canandian citizenship to his son ?
Note: he still has the first wife and children who already have the canandian citizenship.

While marrying more than one wife is frowned upon (prohibited) by the Canadian law, the child of a Canadian is a Canadian. Please for future sake, stick to the law to avoid hassles.

 

[eileenf]

Can an Islamic Canadian father who married second wife outside Canada give the citizenship to his son from his second wife?

The religion of the Canadian citizen is irrelevant. The marriage status of the Canadian is irrelevant. The gender of the child is irrelevant (if you are a citizen, any sisters you may have are also citizens. If you have sisters, I hope that people care about their citizenship as much as they care about yours).

A child born out of wedlock to a Canadian parent is Canadian as well. The important and relevant exception for children born abroad is the first generation born abroad limit that came into effect in 2009. I am not exactly sure how the CIC applies this to people born before 2009 but you can check the "Am I a Canadian?" tool on CIC's website once they update it: http://www.cic.gc.ca/english/citizenship/rules/

And yes, polygamy is illegal whether you're born in Bountiful BC or overseas. Whether you're Christian or Muslim or Fundamentalist Mormon. But the child is not punished for the crime of the parents.

if the answer is No he cant then if he divorced his second wife so then he can give the Canadian citizenship to his son ?

Again, the law doesn't care whether you are a son or a daughter. But, this question is really creepy. Are you and your father bargaining over whether he should divorce your mother? I would hope that the actual person who is married would have more say in the dissolution of their own marriage than a son looking to trade his mother's marriage and rights for his personal benefit. Please be aware that bargaining away your (female) family member's rights or marriage for your own personal benefit sounds deeply offensive to most Canadians and would give a very negative impression of your character.

Note: he still has the first wife and children who already have the Canadian citizenship.

Irrelevant.

 

[alphazip]

please I have a question :

Can an Islamic Canadian father who married second wife outside Canada give the citizenship to his son from his second wife? if the answer is No he cant then if he divorced his second wife so then he can give the canandian citizenship to his son ?
Note: he still has the first wife and children who already have the canandian citizenship.

More here: http://www.canadavisa.com/canada-immigration-discussion-board/-t283018.0.html

 

[Dilvin]

Can you answer me plz
If the child from the second wife got the Canadian citizenship from his father , then how can the second wife gets the Canadian citizenship too? And can the second wife move with his son to Canada ? can the second wife move to Canada on his son's citizenship? What is the position of the second wife will be there ? Please I need details

 

[paw339]

Dilvin

As far as Canada is concerned he doesn't have a second wife. If he wants to have 2 wife's then he needs to move to a country where that is legal. To become a Canadian Citizen you have to swear "I will faithfully observe the laws of Canada" did this man lie when he took the oath?

 

[keesio]

Can you answer me plz
If the child from the second wife got the Canadian citizenship from his father , then how can the second wife gets the Canadian citizenship too? And can the second wife move with his son to Canada ? can the second wife move to Canada on his son's citizenship? What is the position of the second wife will be there ? Please I need details

Because Canada does not recognize the marriage to the second wife, the husband cannot sponsor the second wife. The son may be able to sponsor his mother, but he must wait until he is an adult (18+). The second wife will have to find a way to immigrate to Canada on her own (study visa, work permit, etc). Other option is to divorce the first wife and (re)marry the second wife so that she is the only wife. But I'm not sure that will work because of all the issues with legalities of being a second wife before.

 

[eileenf]

how can the second wife gets the Canadian citizenship too?

One person can not sponsor two spouses unless they can show that they've divorced the first spouse BEFORE the marriage to the second spouse.

And can the second wife move with his son to Canada ?

No

can the second wife move to Canada on his son's citizenship?

No. A citizen (as you likely are) can try to sponsor their parent for permanent residence (the step before citizenship), but the chances are not good because CIC only accepts 5000 applications per year while the demand is much higher.
http://www.cic.gc.ca/english/immigrate/sponsor/parents.asp
Even in the best case scenario, there would be long waits for the permanent residence to be processed.

What is the position of the second wife will be there ?

What do you mean? Social position? Or legal position? The legal position is that she is not a spouse at all since polygamy is not recognized here. Speaking of social position, wives in polygamous marriages are often isolated from Canadian society at large because polygamy is not legal here.

It is hard to answer your questions without knowing more:
How old are you?
Why do you and your mother want to move to Canada?

 

[Dilvin]

The situation is that the father married the second wife and lied that he divorced the first one ... When the second one discovered that the first one is still married to her husband she wants to divorce.. So now she has a child less that 2 years , his father working on his paper to get him the Canadian citizenship ... After getting the Canadian citizenship the mother wants to move with her son to Canada ... She needs to know if she can get the visa according to her son's citizenship and move to Canada ? If she can move to Canada in this way , can she get the residency there ? Or what is the best way?

 

[scylla]

The situation is that the father married the second wife and lied that he divorced the first one ... When the second one discovered that the first one is still married to her husband she wants to divorce.. So now she has a child less that 2 years , his father working on his paper to get him the Canadian citizenship ... After getting the Canadian citizenship the mother wants to move with her son to Canada ... She needs to know if she can get the visa according to her son's citizenship and move to Canada ? If she can move to Canada in this way , can she get the residency there ? Or what is the best way?

As was explained to you earlier - no, she cannot get a visa based on her son's citizenship And no - she cannot move to Canada based on her son's citizenship.

Once her son is an adult and has worked in Canada for at least three year, he may qualify to sponsor her for PR. It will take 4+ years for this application to be processed.

If she wants to permanently move to Canada earlier, she would need to apply to immigrate on her own through an economic immigration program like Express Entry.

 

[Dilvin]

Ok but the son is Canadian and has the right to live in Canada , right ? And he is a baby and living with his mom ... So what is the benefit to get him the Canadian citizenship if he can't live in Canada with his mom who takes care of him ? Is there any exception for such situation ?

 

[Leon]

The father committed a crime by marrying a 2nd wife without first divorcing his first wife. Immigration will not see the marriage to the 2nd wife as being valid.

You could however say that having lived with the 2nd wife for more than 12 months while not having lived with his first wife at the same time, it would constitute a separation from his first wife and a common law partnership with his 2nd wife. This would enable him to sponsor his 2nd wife for PR as his common law partner, regardless of the marriage being valid. However, in order for that to happen, they must still be together.

A man can not sponsor an ex wife or an ex common law partner if they have split up.

The benefit of getting the son citizenship is that he will be able to go to Canada when he turns 18. The benefit of doing it now that the you don't know what will happen to his father in the meantime. Maybe his father will die in an accident and by the time the son is 18, the father could be long gone and he will have a hard time getting a hold of documents to prove that his father was a citizen and that he himself has the right to get citizenship as well.

A parent is never given PR or a visa because of their minor child having citizenship. If it was that easy, birth tourism would sky rocket. In such a case, the parents are free to live in their home country with the child but they could also send the child to Canada to live with relatives who are there or to boarding school and later when the child turns 18, they can live in Canada alone.

Possibly the child can sponsor their parent at some point but immigration is making this harder and harder.

 

[keesio]

Ok but the son is Canadian and has the right to live in Canada , right ? And he is a baby and living with his mom ... So what is the benefit to get him the Canadian citizenship if he can't live in Canada with his mom who takes care of him ? Is there any exception for such situation ?

But the son also has a Canadian father who can take care of him in Canada. That is the expectation - that the father would take care of his son.

 

[Dilvin]

He doesn't want to take his son to Canada and he can't take care of him ... The son will stay with his mother but the mother wants to travel to Canada and start a new life with her son as his father has his first wife and 2 kids .

 

[ABscientist]

Well I know this has been repeated again and again but some sticking points:

1. Did the father marry a second time BEFORE taking the oath? If so, then there is a very real possibility of his citizenship being revoked. (We have to sign documents saying that we have not committed a crime or have been in trouble with the law before and if it is found that we lied, then citizenship can be revoked).

2. In the eyes of canadian law, the second marriage is not legal - i.e. you were never married. The child is however a canadian citizen because he is born to a citizen (dad). I have no idea what happens if #1 is true.

3. I would still say - get his papers processed. Citizenship laws are becoming harder and harder as time goes on. The child will have a lot more options in the future if he decides to study / settle in canada.


I cant help but being honest and to the point here here - this entire post is extremely creepy and disturbing. I cannot imagine someone taking the oath of canadian citizenship after presumably living here for a number of years and then proceed to commit a crime and justifying it with religion.

He doesn't want to take his son to Canada and he can't take care of him ... The son will stay with his mother but the mother wants to travel to Canada and start a new life with her son as his father has his first wife and 2 kids .

I am really sorry for you. If you want to start a life in canada you have to immigrate here on express entry or as a student (basically start from scratch). The child however is a canadian citizen and wont have a problem entering or leaving canada.

If the father does not take care of the child then he will probably owe you child support payments.