Dual citizen in UK with son born in UK but father lives in Canada how do i get PR for son?

[Brit17]

URGENT!
Hi all this site seems very helpful. I have been through PR process & got citizen nearly 3years ago now
Unfortunately i separated from my estranged husband he remained in Canada but I returned to UK to be with family for support and gave birth to our son (now 4years old) in the UK.
We have now decided to work on our marriage and I would like to return to Canada & apply for PR for our son so he can also gain canadian citizen.
Will I have to apply outland at london visa office for dependant family sponsorship? How long is processing times? Does everyone need a canadian citizen/passport to enter Canada now?
Thanks in advance

 

[Bs65]

I will answer the simple question that you as a citizen will now need a Canadian passport, if for nothing else you will not be able to board a plane with your UK passport given as a citizen you cannot apply for an ETA.

 

[alphazip]

It sounds like neither you nor your husband were Canadian citizens when your child was born. If that's the case, and if you want to get to Canada as soon as possible, you can come here using a Canadian passport for yourself and a U.K. one for your son. When in Canada, you can make an outland application (there are no inland ones) to sponsor your son for PR status. Once he is a PR, you can immediately apply for citizenship for him. One downside of pursuing this course is that your son may not qualify for government heath care until he becomes a PR. You would need to check with the heath department in the province where you intend to live. Alternatively, you can apply to sponsor your son from the U.K. Check here for processing wait times:

http://www.cic.gc.ca/english/information/times/index.asp

 

[Brit17]

It sounds like neither you nor your husband were Canadian citizens when your child was born. If that's the case, and if you want to get to Canada as soon as possible, you can come here using a Canadian passport for yourself and a U.K. one for your son. When in Canada, you can make an outland application (there are no inland ones) to sponsor your son for PR status. Once he is a PR, you can immediately apply for citizenship for him. One downside of pursuing this course is that your son may not qualify for government heath care until he becomes a PR. You would need to check with the heath department in the province where you intend to live. Alternatively, you can apply to sponsor your son from the U.K. Check here for processing wait times:

http://www.cic.gc.ca/english/information/times/index.asp

Hi

Thanks so much for your replies.
BS65 i forgot to mention i already have my canadian passport.
ALPHAZIP unfortunately we weren't citizens before our son was born.
I obviously misunderstood the new recent laws stating that no-one can enter Canada without a canadian passport but its obviously canadian/dual citizens.
I will probably apply from here as the problem is i may need to apply for TRV for son to enter canada but will only get this for 6months max and the process will presumably take longer then son will have technically "overstayed" if i dont reapply.
Apologies, i thought there were inland applications? Alternatively, can my husband apply outland in Canada? Can he start asap or do we have to enter and be physically present in Canada first?
Sorry for all the questions but i need to start applying asap.
Regards Brit17

 

[Brit17]

i dont like the idea of no government healthcare butbmy husband does have work health insurance but i think it is better to visit (will i need a TRV)? until our application is complete. (I have seen your link for 14months processing time)

 

[PMM]

Hi

QUOTE="Brit17, post: 6229143, member: 687582"]Hi

Thanks so much for your replies.
BS65 i forgot to mention i already have my canadian passport.
ALPHAZIP unfortunately we weren't citizens before our son was born.
I obviously misunderstood the new recent laws stating that no-one can enter Canada without a canadian passport but its obviously canadian/dual citizens.
I will probably apply from here as the problem is i may need to apply for TRV for son to enter canada but will only get this for 6months max and the process will presumably take longer then son will have technically "overstayed" if i dont reapply.
Apologies, i thought there were inland applications? Alternatively, can my husband apply outland in Canada? Can he start asap or do we have to enter and be physically present in Canada first?
Sorry for all the questions but i need to start applying asap.
Regards Brit17[/QUOTE]

1. Your son doesn't require a TRV, as he is UK citizen, you need to apply for an ETA for him. http://www.cic.gc.ca/english/visit/eta.asp
2. You can't sponsor him while living abroad, only Canadian citizen can sponsor spouse while living abroad.
3. If he is admitted for 6 months (you could ask for 12 months on entry) you apply for an extension while sponsoring him.
4. Note that you will need a letter from the child's father to allow him to travel with you, unless you were given sole custody by the courts.
5. The child's father could initiate the sponsorship and application now.

 

[alphazip]

Hi

I will probably apply from here as the problem is i may need to apply for TRV for son to enter canada but will only get this for 6months max and the process will presumably take longer then son will have technically "overstayed" if i dont reapply.

Look here: http://settlement.org/ontario/immigration-citizenship/sponsorship/inside-canada/how-do-i-sponsor-a-spouse-common-law-partner-or-dependent-child-from-inside-canada/

"You can apply as a sponsor if your spouse, common-law, or an accompanying dependent child live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met."

 

[alphazip]

2. You can't sponsor him while living abroad, only Canadian citizen can sponsor spouse while living abroad.

This doesn't seem to be true.

http://settlement.org/ontario/immigration-citizenship/sponsorship/outside-canada/how-do-i-sponsor-a-spouse-common-law-or-conjugal-partner-or-dependent-child-living-outside-of-canada/

"f you are a Canadian citizen not residing in Canada, you may sponsor your spouse, common-law or conjugal partner and/or dependent children who have no dependent children of their own. You must demonstrate that you will live in Canada once they become a permanent resident."

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#who

"If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident."

"Sponsoring your dependent children
You can sponsor your dependent children outside Canada who meet the following definition:

Definitions of dependent children (types 1 and 2)
Your child or the child of your spouse or partner can be considered a dependent child if that child meets the requirements of type 1 or 2 below:

Type 1

The child is under the age of 19 and is single (not married and not in a common-law relationship).

Type 2

The child is 19 years of age or older and has been financially dependent on a parent since before the age of 19 because of a physical or mental condition."

 

[Brit17]

Hi

QUOTE="Brit17, post: 6229143, member: 687582"]Hi

Thanks so much for your replies.
BS65 i forgot to mention i already have my canadian passport.
ALPHAZIP unfortunately we weren't citizens before our son was born.
I obviously misunderstood the new recent laws stating that no-one can enter Canada without a canadian passport but its obviously canadian/dual citizens.
I will probably apply from here as the problem is i may need to apply for TRV for son to enter canada but will only get this for 6months max and the process will presumably take longer then son will have technically "overstayed" if i dont reapply.
Apologies, i thought there were inland applications? Alternatively, can my husband apply outland in Canada? Can he start asap or do we have to enter and be physically present in Canada first?
Sorry for all the questions but i need to start applying asap.
Regards Brit17

1. Your son doesn't require a TRV, as he is UK citizen, you need to apply for an ETA for him. http://www.cic.gc.ca/english/visit/eta.asp
2. You can't sponsor him while living abroad, only Canadian citizen can sponsor spouse while living abroad.
3. If he is admitted for 6 months (you could ask for 12 months on entry) you apply for an extension while sponsoring him.
4. Note that you will need a letter from the child's father to allow him to travel with you, unless you were given sole custody by the courts.
5. The child's father could initiate the sponsorship and application now.[/QUOTE]

Hi thanks PMM

I have recently heard about ETA that shouldn't be a problem. I agree with all the other points you mentioned but as ALPHAZIP has sent the link stating i can apply from UK i will do just that and in the meantime visit until i get a few things in place. Then next year i can move permanently so he can settle for school

 

[Brit17]

1. Your son doesn't require a TRV, as he is UK citizen, you need to apply for an ETA for him. http://www.cic.gc.ca/english/visit/eta.asp
2. You can't sponsor him while living abroad, only Canadian citizen can sponsor spouse while living abroad.
3. If he is admitted for 6 months (you could ask for 12 months on entry) you apply for an extension while sponsoring him.
4. Note that you will need a letter from the child's father to allow him to travel with you, unless you were given sole custody by the courts.
5. The child's father could initiate the sponsorship and application now.

Hi thanks PMM

I have recently heard about ETA that shouldn't be a problem. I agree with all the other points you mentioned but as ALPHAZIP has sent the link stating i can apply from UK i will do just that and in the meantime visit until i get a few things in place. Then next year i can move permanently so he can settle for school[/QUOTE]
I no doubt will be back for more helpful advice during this process.
I guess the family sponsorship forum will be the best place to post for this.
Thanks again ALPHAZIP

 

[canuck_in_uk]

Hi thanks PMM

I have recently heard about ETA that shouldn't be a problem. I agree with all the other points you mentioned but as ALPHAZIP has sent the link stating i can apply from UK i will do just that and in the meantime visit until i get a few things in place. Then next year i can move permanently so he can settle for school

As a Canadian citizen, you can sponsor your child from abroad. However, you need to include proof that you will be returning to reside in Canada. It would likely be easier for the child's father already in Canada to sponsor him.

 

[canuck_in_uk]

Something doesn't work with your timing. You separated from your husband and returned to the uk and had your son 4 years ago. So you separated over 4 years ago. You obtained your PR while separated and living in the UK for a year. Clearly nobody was notified that you had been separated for over a year before getting pr.

Read the first post. OP states she became a Canadian citizen 3 years ago, therefore she must have become a PR at least a few years before separating from her spouse 4 years ago.