Family Sponsorship with Citizenship by Descent

[ingovillewrites]

Hello,

I am a dual US-Canadian citizen, with Canadian citizenship by descent. While I spent summers in Cape Breton growing up, I've lived my whole life in the US. I am interested in sponsoring my husband and 16 year old son, both US citizens, so we can all move together to Canada.

From what I understand, I can sponsor them, although depending on C-71's implementation, my son may also become a citizen and thus not need sponsorship. It seems the big hurdle in all this is showing/proving we intend to live in Canada, which we do.

My question is, if I were to apply to sponsor them, can we go to Canada to wait/live while our application is being processed? I feel like moving to Canada would obviously show our intent to live there. But I don't know if we're allowed to do that?

Also, if the implementation of C-71 is delayed and I apply to sponsor my son, as well, would we just withdraw that? Or would he be granted citizenship upon arrival to Canada if we're allowed to go and wait while our application is processed?

Thank you so much for any help/insight you can provide!

 

[armoured]

My question is, if I were to apply to sponsor them, can we go to Canada to wait/live while our application is being processed? I feel like moving to Canada would obviously show our intent to live there. But I don't know if we're allowed to do that?

Yes, you can do this before or during your application processing. It may indeed be easier for you to apply from abroad and the provide the update of move once you have arrived.

If you do it during, yes, advise them of change of address as soon as you have evidence of you moving. (Lease, driver's license would usually be more than enough). Your spouse and son would be visitors. Your spouse can apply for a work permit but might take a long time (eg he might get PR status before the work permit). Health insurance for spouse an issue, for the kid - may have to look into what provincial requirements (some give it to children of citizens esp when a PR app in process).

For your kid: as child of a citizen, does not need a study permit. You'd have to check with the local school board about enrollment while he's a visitor. It seems mostly they won't try to charge fees for children of citizens esp if an app in process. Or if you can handle a semester or two of private, no issue.

If it takes long, you may have to extend their visitor status. Routinely granted for those with Pr apps in process.

Small wrinkle: do try to arrive in such a way that it doesn't look like your spouse is moving permanently before he has status. They can be sensitive about that. Just don't arrive with all his worldly belongings (your stuff and your kids and hence household stuff is fine, and if your stuff is intermingled, they're probably not going to rifle through all the boxes), have him arrive 'for a visit and to help you settle', be a bit vague but he has to go back home for a family wedding/help his mum/job responsibilities/whatever. If the wedding gets cancelled or it turns out his mum doesn't need help, nothing wrong with that.

Also, if the implementation of C-71 is delayed and I apply to sponsor my son, as well, would we just withdraw that? Or would he be granted citizenship upon arrival to Canada if we're allowed to go and wait while our application is processed?

No-one knows. Include him in your app, include a letter of explanation that if the law changes, he might be(come) a citizen. They generally are not going to deny him entry any way.

 

[ingovillewrites]

Thanks so much for the detailed answers; it is so appreciated!

We are looking at a year, at least, before we'd actually want to go (next summer, likely). Which I think might mean we'd need to do a soft landing, depending on processing times once we apply. I believe current estimate is 10 months. Regardless, our plan, at least for now, would be to sell our house, have our stuff shipped to Canada via some sort of moving company or PODS container type of situation. We have pets, so we are thinking it would be best for us as a family to get a travel trailer/RV and drive to Canada. So our inital arrivial would be in an RV which definitely would not look like my husband arriving for good.

I have lots of family in Cape Breton and PEI we could stay with temporarily while we figure out housing & employment.

Edited to add, I could likely make a trip on my own to get a driver's license or something else showing intent to stay before we go next summer. Would have to look into what all I'd need to do to get a license or something else that would show intent to live in Canada.

 

[armoured]

Thanks so much for the detailed answers; it is so appreciated!

We are looking at a year, at least, before we'd actually want to go (next summer, likely). Which I think might mean we'd need to do a soft landing, depending on processing times once we apply.

I don't have much to add, save small comment that 'soft landing' - landing to get docs and then departing - is pretty much at odds with the idea of 'settling' to show you have already moved permanently (in context of the 'intent to return' issue). You may, realistically, have to pick a lane.

And I wouldn't try to go there to just get docs until really settling - lots of issues with that.

But it's hard for me to guess how this will turn out. Timing may matter. At any rate, keep preparing your app and your move and doing research nad it may start to make more sense.

 

[ingovillewrites]

Thank you!

It is appreciated. It's quite the process and a bit overwhelming, so I apologize if my responses were all over the place. Just getting started and trying to figure things out. I guess once I dive in a bit more, it will all start to make sense. I appreciate you taking the time to answer my questions.

 

[canuck78]

See one potential issue is your child’a age. If planning on moving and enrolling in post-secondary education proof of citizenship will likely be required to qualify for domestic tuition rates. Given that you only want to move next summer it may be very difficult to obtain citizenship by then. Impossible to say what processing times will be.

 

[hawk39]

I am a dual US-Canadian citizen, with Canadian citizenship by descent. While I spent summers in Cape Breton growing up, I've lived my whole life in the US. I am interested in sponsoring my husband and 16 year old son, both US citizens, so we can all move together to Canada.

Depending on when you were born, as well as your parent's status at that time, because your son was born before the commencement of the 2009 Act, he may already be a citizen by descent too.

 

[ingovillewrites]

See one potential issue is your child’a age. If planning on moving and enrolling in post-secondary education proof of citizenship will likely be required to qualify for domestic tuition rates. Given that you only want to move next summer it may be very difficult to obtain citizenship by then. Impossible to say what processing times will be.

Fortunately, he has two years of high school left, so we should have time to get his citizenship sorted before college. Assuming the US doesn't descend into post-election chaos, we can hopefully (ideally) wait to apply for sponsorship to coordinate moving to Canada with his graduation here.