Citizenship by decent, for dependents

[robopablo]

I'm approved for PR and my spouse has citizenship by decent.

When we applied for PR for myself and the kid, we were told our child was NOT eligible for citizenship. I received my CoPR but not one for our child. IRCC had apparently sent a letter saying they were dropped from the application as they are eligible for citizenship.

No clarity on a changed law, so far. Has this happened to anyone else?

 

[scylla]

I'm approved for PR and my spouse has citizenship by decent.

When we applied for PR for myself and the kid, we were told our child was NOT eligible for citizenship. I received my CoPR but not one for our child. IRCC had apparently sent a letter saying they were dropped from the application as they are eligible for citizenship.

No clarity on a changed law, so far. Has this happened to anyone else?

- I would recommend you post your question to the citizenship section of the forum.
- Your children normally should not be eligible for citizenship but more info is needed to determine that (i.e. how you qualified for citizenship through decent, what year all of your were born, etc.). Include that when you post to the citizenship section of the forum.

 

[Emma Kim Immigration]

Hi robopablo,

This is a big assumption because the information is very limited.

If your spouse is born in Canada, your children are probably already Canadain Citizens.
(if the spouse is born outside Canada, the story is different)

Did you get your PR through spousal sponsorship?
If you see the checklist, it suggests you apply for proof of citizenship for your children.

http://imgur.com/a/XniV2Ak

Canadian passports can be issued to your children once IRCC confirms they are Canadians.
Thank you

 

[scylla]

If your spouse is born in Canada, your children are probably already Canadain Citizens.
(if the spouse is born outside Canada, the story is different)

This was already covered in the OP's original post. Spouse has citizenship by decent (so not born in Canada).

 

[Emma Kim Immigration]

This was already covered in the OP's original post. Spouse has citizenship by decent (so not born in Canada).

If the OP's spouse was born outside of Canada, they can refer to this webpage
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/act-changes/rules-2009-2015.html

I still cannot give the answer since I don't have the full story but I can see that IRCC wrote a letter the child is eligible for citizenship.
In that case, they should still apply for the proof of citizenship as I mentioned in the first reply.
A. It's the official way to confirm if someone is a Canadian Citizen or not.
B. If they are Canadian citizens, getting proof of Citizenship is necessary since they cannot apply for citizenship.
(applying for citizenship requires to become a permanent resident first but Canadians cannot obtain permanent residency)

I hope this helps

 

[hawk39]

@robopablo

If your child was born after April 16, 2009, then he/she is not eligible for citizenship regardless of when your spouse became a Canadian citizen because of the first generation limit.

If your child was born on or before April 16, 2009, then it will depend on your spouse's date of birth and method of acquisition:

• If your spouse was born after February 14, 1977, then your child is eligible for citizenship with no restrictions.
• If your spouse was born on or before February 14, 1977, then he/she would have needed to have received his/her citizenship under the following events for your child to also be eligible:
  • If your spouse's Canadian parent was his/her father, your spouse needed to have her birth registered with the Canadian government within two years of his/her birth. If the birth was not registered initially, then your spouse could have registered his/her own birth during the delayed registration period between February 14, 1977 and August 14, 2004. If your spouse received his/her citizenship during either of these two events, then your child would be eligible for citizenship. If not, then your spouse received his/her citizenship under the 2009 Act, and your child is not eligible because of the first generation limit.
  • If your spouse's Canadian parent was his/her mother, the earliest your spouse could have received citizenship was if he/she applied for a special grant of citizenship under 5(2)(b) of the 1977 Act between February 14, 1977 and April 16, 2009. If he/she did this, and your child was born after your spouse received this grant, then your child is eligible for citizenship. If not, then your spouse received his/her citizenship under the 2009 Act, and your child is not eligible because of the first generation limit.

 

[robopablo]

Spouse received citizenship by decent in 1997. Our child was born in 2005.

IRCC dropped them from the PR application stating they have a claim to Canadian citizenship.

Prior research indicated there was no path to citizenship. Confusion reigns... :/

 

[hawk39]

Spouse received citizenship by decent in 1997. Our child was born in 2005.

IRCC dropped them from the PR application stating they have a claim to Canadian citizenship.

Prior research indicated there was no path to citizenship. Confusion reigns... :/

Your child is eligible for citizenship by descent as a second generation because your child was born to a Canadian citizen before the first generation limit was implemented in 2009. Even with the first generation limit, the 2009 Act under 3(3)(4) does not revoke citizenship if the applicant was eligible for it at the time of their birth, such as your child in 2005.

I'm think you might have made a typo in your first post: "When we applied for PR for myself and the kid, we were told our child was NOT eligible for citizenship". Did you mean to write PR instead of citizenship?

 

[robopablo]

Yep.

OK, interesting information. We've seen reasons both ways. We're figuring if they dropped them from the PR application he must qualify for citizenship. Now do we apply for a certificate or "regular" citizenship application?

We still need to get up there before the CoPR expires, for me, as well.

I'm think you might have made a typo in your first post: "When we applied for PR for myself and the kid, we were told our child was NOT eligible for citizenship". Did you mean to write PR instead of citizenship?

 

[hawk39]

Yep.

OK, interesting information. We've seen reasons both ways. We're figuring if they dropped them from the PR application he must qualify for citizenship. Now do we apply for a certificate or "regular" citizenship application?

We still need to get up there before the CoPR expires, for me, as well.

You would apply for the proof of citizenship certificate.

 

[armoured]

We still need to get up there before the CoPR expires, for me, as well.

Are you coming from USA? I doubt you'd have trouble entering with the kid at a land border on US passport, either with or without applying for the child's Canadian citizenship beforehand. Just disclose that the kid is a presumed Canadian citizen (I don't think that's an official term though). The important distinction is that if the child had a claim to citizenship at birth, the child is (presumed to be) a citizen, and should disclose that at border. (I'm sure there's more legal nuances and issues)

Personally I'd suggest applying for the child's citizenship before arriving at border and keep a copy of what you have provided on applying to show.

If not in USA, may get a bit more complicated.

Note, don't know how long it may take to get the citizenship for the child processed and that may/will have implications for things like schooling plans and health care etc. There is the citzienshp forum here where you may get input on how to rush it (if possible).