dependent children residency

[PCGuy]

I live in the USA now and am a Canadian citizen with citizenship certificate. I have two children ages 10 and 12, their mother died 2 years ago. I have sole custody of both children. They are both citizens of USA now. I want them to become Canadian citizens and don't know if I need to move to Canada to accomplish this.

Can I successfully apply for them to be granted Canadian residency status while I live in the USA? OR, do I need to move to Canada to initiate the residency process?

I have read that once they have residency status, that as long as they are with me (a Canadian citizen) that they will be able to count that time towards fulfillment of residency requirements. Is that also correct?

 

[CharlieD10]

Were you born in Canada? If you were, they can inherit citizenship through you. You would need to present some paperwork, including their birth certificates in order to apply for their citizenship. You can begin the process outside of Canada, you do not need to move there first.

If you were born outside of Canada to Canadian parents, i.e. you inherited your citizenship, you cannot pass it on to them.

 

[PCGuy]

I was born in USA, received Canadian citizenship through my mother, who was born in Canada. I understand that the children must go through the residency process before gaining citizenship... that I cannot directly apply for citizenship for them.

Therefor, my questions related to the residency process.
Can I apply for residency for my children while we live in the USA?
Once they are granted residency, may I count the time that they live with me in the USA toward the residency requirement?
Do I need to be physically present in Canada at any time within this process?

 

[Aneyshar]

I was born in USA, received Canadian citizenship through my mother, who was born in Canada. I understand that the children must go through the residency process before gaining citizenship... that I cannot directly apply for citizenship for them.

Therefor, my questions related to the residency process.
Can I apply for residency for my children while we live in the USA?
Once they are granted residency, may I count the time that they live with me in the USA toward the residency requirement?
Do I need to be physically present in Canada at any time within this process?

PCguy, like CharlieD mentioned, since your children are second generation born to a Canadian parent outside of Canada, your only option for them to obtain Canadian citizenship is to sponsor them first to become Permanent Residents.

Here's answers to your other questions:

Can I apply for residency for my children while we live in the USA?
Yes, in fact it's probably faster if you do so while outside of Canada.

Once they are granted residency, may I count the time that they live with me in the USA toward the residency requirement?
No. Residency requirement by definition means that the children need to be physically in Canada for a minimum time period. But if your children are under 18 years old, you don't need to meet the Residency requirement, you can apply for their citizenship as soon as they become Permanent Residents. See this for more: "An application for citizenship for a child under 18 years of age may be submitted as soon as the child becomes a permanent resident." (http://www.cic.gc.ca/english/information/applications/guides/CIT0001E2.asp)

Do I need to be physically present in Canada at any time within this process?
Only after your children are granted Permanent Resident status. In fact you can start the process and wait it out while living in the U.S. but you need to demonstrate to the CIC that you will take up residency in Canada once your children's PR is granted.

 

[PCGuy]

Thanks to everyone for the replies... very helpful.

With regards to "you need to demonstrate to the CIC that you will take up residency in Canada once your children's PR is granted." How do I do this? Are there specific requirements to prove the intent to take up residency? Does it include things like utility bills, property ownership, rental agreement, etc?

 

[steaky]

Thanks to everyone for the replies... very helpful.

With regards to "you need to demonstrate to the CIC that you will take up residency in Canada once your children's PR is granted." How do I do this? Are there specific requirements to prove the intent to take up residency? Does it include things like utility bills, property ownership, rental agreement, etc?

Yes the above. Also, plans of looking for employment and school are acceptable.

 

[PCGuy]

So is it as simple as saying "I plan to look for a house to live in when permanent residency is granted" or do I need to have a legal document saying that I have bought/rented or will buy/rent a home. Is simply stating a plan sufficient?

 

[CharlieD10]

A vague statement of intention is not acceptable, no.

You need to show reasonable steps are being taken. If you are looking into schools for them, have you contacted any of them, gotten brochures, emails etc?

If you're looking for a house, have you retained a realtor, or are you searching listings yourself, and if so, how?

If you're waiting until the children get PR to move, where do you plan to live when you arrive? If with relatives, then get them to write a letter showing they are aware of your plans.

In the meanwhile, what steps are you taking towards leaving the US? Have you listed your house, or given your landlord notice of intent to move. Are you saving to pay for moving expenses, purchase furniture etc? Are you looking for work?

Basically, CIC wants to know that you are reasonably aware of all that is involved in resettling in Canada, and show that you are taking steps to cover the basic needs for yourself and your dependents. Simply stating you will is not enough, there must be reliable indications of these intentions, shown in taking some/all of the actions exampled above.

 

[ladybug42]

Pc Guy,

Just to be sure.. When and how did you receive your Canadian Citizenship? If you received your Citizenship (it doesn't matter if it was by descent or not) BEFORE your children were born (as long as they were born before 2009 and they were), your children are likely Citizens also. This is a loophole that the Canadian Government closed when it rewrote the Citizenship laws in 2007. I urge you to consult Citizenship and Immigrantion Canada's website. Please check out - Are you Unsure if you are a Canadian Citizen?, it will walk you through whether or not your children are already citizens who just need to apply for their Citizenship Certificate.

Best of Luck.

 

[PCGuy]

I received my Canadian citizenship certificate in Feb 2011, my mother was born in Canada and later moved to the USA... As per the 2009 law, I was considered a citizen of Canada... something to do with the citizenship laws when my mother became a US citizen. The online questionnaire to determine if one is a citizen states:

"People who were born outside Canada to a Canadian parent, who are not already citizens or who lost their citizenship in the past, and who were born in the second or next generation abroad will not become citizens under the new law."

By this, I understand that I was born in the first generation abroad, and my children were born in the second generation.

In my case, since I (the Canadian citizen parent) became a citizen after the 2009 law took effect, are my children not be eligible for citizenship because they are considered to be the second generation?

 

[ladybug42]

You are correct. Because you received your citizenship as a result of the change in law that occurred in 2007 (but went into effect in 2009), your children are not citizens (however if your birth had been registered before your children were born, they would also be citizens regardless of what generation born outside of Canada they were). I am in the same situation. However, please still consult CIC's website because they are the ONLY experts on how to obtain citizenship for your children. Call your local consultate also.

Best of luck!

 

[PCGuy]

Would it make a difference if my mother was a Canadian citizen when I was born? I was born in 1961 and she became a US citizen in Dec 1968.

 

[ladybug42]

Unfortunately, no. Not unless she registered your birth with the Canadian Government (you would have a form called something like Registration of Birth Abroad). If this was done, then you would be considered a Citizen as of your date of birth and you would have had the ability to pass Citizenship on to your children (I know that because of the 2007/2009 law you are considered a citizen since birth, but you have lost your ability to pass citizenship to the second generation).

I'll be honest, I don't know much, but these are dependent minor children. You would be their sponsor. This should not be a problem. They won't be refused. It would be nice if you were all citizens now, but they will get citizenship. I do not think that the three year residency requirement applies to children.

However, you need to be residents of Canada. I don't believe that intending to be a resident is going to fly. You need to be living and working in Canada.

 

[PCGuy]

Fees for dependent children residency / Canadian Parent

OK, so I'm at the step of completing the application for permanent residency for my children. I am a canadian citizen... we've established in previous posts that I need to go through permanent residency process then apply for citizenship once residency is extablished in Canada, I now live in USA.

When it comes to fees, I understand that I should pay $75 for the sponsor fee and $150 for each child ($300). My understanding is that I don't need to pay the Right of Permanent Residence Fee.. the children are dependent children ages 11 and 13. Is this right?

As the parent, I am the sponsor, but am I also considered the "principal applicant"? If so, do I pay the right of permanent residence fee for myself?