child born outside canada,

[frommchicago]

Hi , Asking for a friend , wants to apply PR or citizenship certiicate but needs help deciding which way to proceed.

Child is born in USA to parents who were canadian PR holders at the time of birth
Parents are now canadian citizens but live in India with their child who is one year old
can the child apply for canadian citizenship ? or should child apply for Canadian PR then citizenship ?
Any ideas would be appreciated.

 

[Naturgrl]

Hi , Asking for a friend , wants to apply PR or citizenship certiicate but needs help deciding which way to proceed.

Child is born in USA to parents who were canadian PR holders at the time of birth
Parents are now canadian citizens but live in India with their child who is one year old
can the child apply for canadian citizenship ? or should child apply for Canadian PR then citizenship ?
Any ideas would be appreciated.

Confused about the timelines. You say that they were PR holders at time of birth and within a year they got Canadian citizenship? When did they live in Canada to get citizenship?

 

[frommchicago]

Thanks for the response .
Parents were Canada PR holders when child was born Child born 1.5 yr ago in USA ,
Parents got citizehship 1yr ago,


The family moved to India 6 months ago.

question is : does the child needs to apply for canadian citizenship certificate ? or apply for PR and then citizneship ?

 

[YVR123]

Child cannot get citizenship from the parents because they were NOT citizens when the child was born.

Since the parents are citizens now, one of them can apply to sponsor the child to become PR. They will need to provide information that they planned to move to Canada once the child obtains his/her PR.

 

[Naturgrl]

Thanks for the response .
Parents were Canada PR holders when child was born Child born 1.5 yr ago in USA ,
Parents got citizehship 1yr ago,


The family moved to India 6 months ago.

question is : does the child needs to apply for canadian citizenship certificate ? or apply for PR and then citizneship ?

Ah ok…so they living in Canada before the child was born. If the parents were not citizens at the time of the child’s birth then the child is not a citizen.

They would need to apply for the child’s PR. To do that they show that they are planning a move to Canada.

 

[frommchicago]

thanks , very helpful advice.
So once the child gets PR, then parents + kids move to Canada for 3 yrs and then apply for naturalization for the child after child meets the pysical presence requirement ? or does it work differently for children regarding physcial presence ?

 

[Naturgrl]

thanks , very helpful advice.
So once the child gets PR, then parents + kids move to Canada for 3 yrs and then apply for naturalization for the child after child meets the pysical presence requirement ? or does it work differently for children regarding physcial presence ?

Here is the link for citizenship about physical presence requirements for a minor.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0403-citizenship-minors-subsection-5-1.html

 

[canuck78]

thanks , very helpful advice.
So once the child gets PR, then parents + kids move to Canada for 3 yrs and then apply for naturalization for the child after child meets the pysical presence requirement ? or does it work differently for children regarding physcial presence ?

They will expected to show a lot of concrete proof that they will be relocating back to Canada before PR is approved for the child especially because it seems as though they left Canada soon after applying for citizenship and right after meeting the 3 year requirement. Things like proof they have given notice to their current home, sold/given notice to their current job, have found a job in Canada, have found a home in Canada, etc.

 

[frommchicago]

Thanks for the great advice.
Also upon reviewing citizenship application for minors on PR with one parent who is citizen, I see that there is no physical presence requirement after the child gets PR ? Can they apply for citizenship right away ?

 

[armoured]

I see that there is no physical presence requirement after the child gets PR ? Can they apply for citizenship right away ?

Yes, obviously subject to having the documentation ready, etc.

 

[frommchicago]

thank you

 

[canuck78]

Thanks for the great advice.
Also upon reviewing citizenship application for minors on PR with one parent who is citizen, I see that there is no physical presence requirement after the child gets PR ? Can they apply for citizenship right away ?

Your big obstacle will be to show that you will be relocating to Canada permanently for the PR.

 

[armoured]

Your big obstacle will be to show that you will be relocating to Canada permanently for the PR.

Since the child is apparently a US citizen, it may be easier for the parents to simply move to Canada with the child entering with them. That way, less issue to show they are intending to move to Canada.

Caveat of course about health insurance and the like.

 

[canuck78]

Since the child is apparently a US citizen, it may be easier for the parents to simply move to Canada with the child entering with them. That way, less issue to show they are intending to move to Canada.

Caveat of course about health insurance and the like.

Yes that would be much easier. Assume since they left right after 3 years that they didn’t I tend to move back to Canada.

 

[armoured]

Yes that would be much easier. Assume since they left right after 3 years that they didn’t I tend to move back to Canada.

Yes, if they intend to move to Canada, it will all be fairly simple. Doing this just for the purposes of passport for the child will be quite a bit more complex.