Citizenship Application-NOT including child in application

[gammabeta79]

Hi,

I am eligible to apply for Citizenship immediately and thus would like to apply ASAP. However I have following questions and if anyone could help me to find answers that would be great.

1. My child was born outside North America, however I do NOT want to include my child in Citizenship application as my spouse will include our child in Citizenship application in USA once my spouse is eligible for US Citizenship (We prefer to apply for US Citizenship for our child then Canadian Citizenship). I have my own reasons to apply for Canadian Citizenship. Not including our child in Citizenship application could raise serious doubts in CIC and can they refuse my application based on that?

2. If I apply for Citizenship, and I am NOT able to provide satisfactory answer to CIC and if I withdraw my application from Citizenship at later date will that affect renewal of my PR Card in future?

3. If I get residence questionnaire, could CIC ask me why I am NOT applying for Child in RQ itself? What if I do not reply to RQ at all?

My basic worry is if I apply for citizenship and later CIC raise question on my intention for Citizenship etc. at least my PR status or Renewal of PR card should not be affected, even if I don't get Citizenship.

 

[era1521]

Hi,

I am eligible to apply for Citizenship immediately and thus would like to apply ASAP. However I have following questions and if anyone could help me to find answers that would be great.

1. My child was born outside North America, however I do NOT want to include my child in Citizenship application as my spouse will include our child in Citizenship application in USA once my spouse is eligible for US Citizenship (We prefer to apply for US Citizenship for our child then Canadian Citizenship). I have my own reasons to apply for Canadian Citizenship. Not including our child in Citizenship application could raise serious doubts in CIC and can they refuse my application based on that?

2. If I apply for Citizenship, and I am NOT able to provide satisfactory answer to CIC and if I withdraw my application from Citizenship at later date will that affect renewal of my PR Card in future?

3. If I get residence questionnaire, could CIC ask me why I am NOT applying for Child in my application in RQ? What if I do not reply to RQ at all?

My basic worry is if I apply for citizenship and later CIC raise question on my intention for Citizenship etc. at least my PR status or Renewal of PR card should not be affected, even if I don't get Citizenship.

Are you residing in Canada? I take it your spouse with your child are US residents, most likely you too.
Apply and you'll see what happens. First of all you'll have to put in your application details about your child education.

Honestly, you are the perfect example of individuals they want to single out with that "intent to reside" provision.

 

[gammabeta79]

Are you residing in Canada? I take it your spouse with your child are US residents, most likely you too.
Apply and you'll see what happens. First of all you'll have to put in your application details about your child education.

Honestly, you are the perfect example of individuals they want to single out with that "intent to reside" provision.

I fully agree that I fall in Ïntend to reside" provision. I am resident of Canada. However, if I apply and I don't answer RQ or I withdraw my application later, can they ask me to leave Canada (Assuming absolutely no criminal record) OR can they cause serious trouble to renew my PR card?

 

[era1521]

I fully agree that I fall in Ïntend to reside" provision. I am resident of Canada. However, if I apply and I don't answer RQ or I withdraw my application later, can they ask me to leave Canada (Assuming absolutely no criminal record) OR can they cause serious trouble to renew my PR card?

Is hard to find an answer here on this. Maybe withdrawing citizenship application will flag your CIC file; maybe not. You may get an RQ when renew the PR as well.

 

[gammabeta79]

Thanks era1521.

I dont mind even if they refuse my application as long as they dont take my PR back or ask me to leave Canada. I am seriously thinking if they can charge me with "Since you did not intent to live in Canada, we charge you with fraud for applying to Citizenship at first instance". Wondering if it can get that worst.

Thank you very much in advance.

 

[eileenf]

If you child is a Canadian PR, there's really no reason not to apply for Canadian citizenship. It will not harm their application for American citizenship and it would allow them the right to enter/live in Canada (which they will likely lose if they're living in US). Don't put off citizenship for your child. I assume US citizenship is a few years off. A lot can happen in a few years.

Regarding whether withdrawing or abandoning a citizenship application will harm your PR status: Officially, no. But if there are residence concerns with the citizenship application, you should assume that this will carry over for PR card renewal. (Secondary review and you will likely have to show up in person to get your card).

Short answer: Apply for citizenship ASAP. Include your kid (seriously, why not?) Children do not have to meet the citizenship residency requirement, but they do need to have current PR status to become citizens.

 

[era1521]

If you child is a Canadian PR, there's really no reason not to apply for Canadian citizenship. It will not harm their application for American citizenship and it would allow them the right to enter/live in Canada (which they will likely lose if they're living in US). Don't put off citizenship for your child. I assume US citizenship is a few years off. A lot can happen in a few years.

Regarding whether withdrawing or abandoning a citizenship application will harm your PR status: Officially, no. But if there are residence concerns with the citizenship application, you should assume that this will carry over for PR card renewal. (Secondary review and you will likely have to show up in person to get your card).

Short answer: Apply for citizenship ASAP. Include your kid (seriously, why not?) Children do not have to meet the citizenship residency requirement, but they do need to have current PR status to become citizens.

Good for you encouraging someone to attempt to fraud. At least you can do it in private.

 

[eileenf]

Fraud? What?
Because they don't intend to live in Canada for the long term?
The Intent to Reside clause is not even in force yet (though it will be soon).

Since they said they were a "resident of Canada" I assumed that they were residing in Canada. If not, yeah, they're going to have a hard time getting citizenship before CIC runs out the clock on their PR.

Should they lie about anything? Of course not.

 

[gammabeta79]

1. My spouse will be applying for US Citizenship (USC) of our Child within next few weeks. Also USC processing time is much quicker 6-8 months rather than Canadian Citizenship and moreover there might be conflict if we put USC and Canadian Citizenship application together for our child. So no second thoughts on applying Canadian Citizenship for our child.

But if I apply with OLD rules (and I am certain CIC will figure out my intention as well), can they prosecute me for applying without having intention to live here? What could be worst case that can happen in this case.

I do not mind secondary review etc. for PR card as long as it doesnt affect my PR status.

What if I abandon the Citizenship application (i.e. do not respond to their queries/ or RQ at all)? Can they really ask me to leave from Canada because I fail to answer the RQ?

 

[eileenf]

moreover there might be conflict if we put USC and Canadian Citizenship application together for our child.

From the Canadian side there is zero conflict so long as the child is a current PR. I do not believe there is any conflict from the US side either, but, yeah. If you don't want to do it, that's obviously your call.

But if I apply with OLD rules (and I am certain CIC will figure out my intention as well), can they prosecute me for applying without having intention to live here? What could be worst case that can happen in this case.

What are they prosecuting you for? Fraud? #1 they won't prosecute, they'll just revoke or deny citizenship and #2- what is the basis of this fraud? The fact that you want to move to the US? If that's the case, there is no fraud because for at least the next 26 days I don't believe that the "intent to reside" clause is in effect, so if you intend to move to the US, that's your call. Frankly I think it's doubtful that anyone would ever be "prosecuted" for that, even once it is in effect, but no one will be punished for failure to comply with a clause which does not yet exist. Please correct me if this is somehow already in effect, but I don't see it yet.

If you're planning on lying about your address or when you were physically present in Canada, don't bother. It's a waste of your time and money to apply. Your setting yourself up for failure, but um, probably not jail time.

I do not mind secondary review etc. for PR card as long as it doesn't affect my PR status.

But that's the point of secondary review. They are checking if you're in compliance with the PR residency requirement. If you're not in compliance they will not renew your card and will likely move to revoke your PR status. So if you want to remain a PR, you need to remain in compliance with the PR residency obligation.

What if I abandon the Citizenship application (i.e. do not respond to their queries/ or RQ at all)? Can they really ask me to leave from Canada because I fail to answer the RQ?

No. Why do you think this? Maybe you should talk to a lawyer (not an imm. consultant) because it seems like you're assuming some weird stuff without really knowing the basis of those assumptions. If you abandon your citizenship application, it's possible that future PR card renewals may face some more scrutiny, but the question is whether you've met your PR residency obligation. IF yes, you're fine. If no, than yeah, you can lose your status in Canada (not because of RQ, but because of a PR investigation after you enter Canada or try to renew PR card.)