IF PARENT DIES DOES THIS AUTOMATICALLY CANCEL MINOR CHILD CITIZEN APPLICATION

[KAY999]

MOTHER APPLIED FOR HER CITIZENSHIP IN 2012 ALONG WITH MINOR CHILD OF 14 YEARS AGE BOTH LANDED IMMIGRANTS SINCE 2000 , UNFORTUNATELY SHE GOT DIAGNOSED WITH CANCER WITHIN A YEAR OF APPLICATION, WENT THROUGH STEM CELL TRANSPLANT , MULTIPLE THERAPIES, WASNT ABLE TO ATTEND THE FIRST CALL FOR THE TEST DUE TO MEDICAL, CIC SENT A LARGE QUESTIONNAIRE ABOUT HER MEDICAL AND RESIDENTIAL STATUS, A 300 PAGE MEDICAL AND OTHER RELEVANT INFORMATION WAS SENT TO CIC IN END OF 2013, REQUESTING TO HOLD THE APPOINTMENT UNTILL SHE RECUPERATES, IN RESPONSE CIC SENT A LETTER TO THE MINOR APPLICANT TO PREPARE FOR INTERVIEW, WHICH THE MP OFFICE CONFIRMED AND SAID WAS MISTAKE AND TO IGNORE, MIDDLE OF 2015 MOTHER GETS VERY SICK AND IN LAST QUARTER OF THE YEAR 2015 DIES. GRIEVING FAMILY CONSULTS THE MP OFFICE OF THE PROCEDURE, THE MP OFFICE AFTER CLARIFICATION ADVISES THE FAMILY TO SEND A WITHDRAWAL LETTER FOR THE MOTHER, AND TO REQUEST PROCESSING OF THE CHILD WHO IS 17 1/2 NOW (STILL MINOR UNDER 18) IN FATHERS NAME AS GUARDIAN AND PARENT. FAMILY SENDS REGISTERED REQUISITE LETTERS PER ADVISE OF THE MP OFFICE, MP OFFICE CHECKS WITH CIC AND CONFIRMS THE LETTERS WERE RECEIVED AND THE PROCESSING OF THE SAME IN DUE COURSE OF TIME I.E 12 TO 24 MONTHS

REGRETFULLY CIC DOES NOT CARE TO REPLY TO THE 2 REGISTERED LETTERS, ON RANDOM ONLINE CHECK THE FILES SHOWS AS IN PROCESS UNTILL EARLY 2016, FEW MONTHS LATER THE TRACKING DISAPPEARS. CIC DOES NOT RESPOND OR EXPLAIN WHAT HAPPENED TO MINOR APPLICATION
CIC TAKES ACTION IN CLOSURE OF MOTHERS FILE, IGNORES THE SIMULTANEOUS REQUEST FOR THE MINOR, UPTO EARLY 2016 NOW THE FILE IS NOT AVAILABLE ON ONLINE , THE MINOR NOW 18 IN LIMBO LET DOWN BY CIC. ANYONE HAS ANY EXPERIENCE OF SUCH HIGHLY UNFAIR AND UNJUSTIFIED ACTION THEY CONTINUE TO STONEWALL AND NOT GIVE ANY OFFICIAL EXPLANATION,
IF ANYONE HAS DEALT WITH SUCH EXPERIENCE, OR KNOW HOW TO APPROACH . LEGAL RECOURSE TO REDRESS THIS PLS DO LET US KNOW . I WISH THAT COLD HEARTED PERSON WHOS DONE THIS READS THIS AND FEEL THE PAIN OF THE KID AND THE FAMILY, IMMIGRANTS COME TO CANADA TO ESCAPE DISCRIMINATION AND NOT TO GET DISCRIMINATED

 

[screech339]

The problem is that the child cannot obtain Canadian citizenship before his/her parents obtained citizenship as a minor. Since if the mother has passed away before obtaining natural citizenship, the child as a minor and parents dependent cannot legally obtain citizenship through the parents naturalization citizenship process. The child would have to withdraw the application and apply for citizenship once the child turns 19 years old. The only exception whereby the child obtains Canadian citizenship before parents become Canadian is if the child was born inside Canada.

This is to help prevents / lower possible separation of non-Canadian parents from naturalized Canadian child if in the event the parents are no longer able to stay in Canada. Much easier / less complications for a Canadian child to stay in Canada with a Canadian parent, than forcing parents to make a decision to take or leave behind Canadian child when being deported out of Canada.

The child is not being discriminated at all. That is the citizenship law. CIC has the right to cancel the child's citizenship application if the minor will not have a Canadian parent at the time when child obtains citizenship.

 

[KAY999]

PLS NOTE THAT I HAVE ALREADY MENTIONED IN THE POSTING THAT I AM THE FATHER WAS ALREADY A CANADIAN CITIZEN SINCE SEVERAL YEARS, AND HAD REQUESTED THAT THE MINORS FILE TO BE MOVED UNDER ME AS PARENT/GUARDIAN, BTW WE WERE NOT SEPARATED IT JUST HAPPENED THAT I AND MY ELDER SONS APPLIED COUPLE OF YEARS EARLIER AND SUBSEQUENTLY FOR MY WIFE AND THE MINOR CHILD. HOPE THIS CLARIFIES.

ALSO AS MENTIONED IN THE POSTING THAT ALL COMMUNICATION TO CIC WAS THROUGH THE MP OFFICE WHO FIRST CALLED THE CIC TOOK THEIR SUGGESTIONS AND ADVISE US TO FORWARD THOSE LETTERS, THERE IS CHAIN OF COMMUNICATION AND EMAILS ON THIS, SOMEONE TOOK AN ARBITRARY AND INSENSITIVE DECISION, DENYING THE CHILD RIGHT TO HIS CITIZENSHIP WHICH HE WAS PROUDLY EXPECTING AT 18 AND PLANNING TO TRAVEL AND JOIN A LAW SCHOOL

 

[spyfy]

If you want people to help you, stop writing in ALL CAPS.

 

[KAY999]

ok thanks , thought it will highlight

 

[KAY999]

IF PARENT DIES DOES THIS AUTOMATICALLY CANCEL MINOR CHILD CITIZEN APPLICATION

any lawyers in the forum who can help

 

[screech339]

MOTHER APPLIED FOR HER CITIZENSHIP IN 2012 ALONG WITH MINOR CHILD OF 14 YEARS AGE BOTH LANDED IMMIGRANTS SINCE 2000 , UNFORTUNATELY SHE GOT DIAGNOSED WITH CANCER WITHIN A YEAR OF APPLICATION, WENT THROUGH STEM CELL TRANSPLANT , MULTIPLE THERAPIES, WASNT ABLE TO ATTEND THE FIRST CALL FOR THE TEST DUE TO MEDICAL, CIC SENT A LARGE QUESTIONNAIRE ABOUT HER MEDICAL AND RESIDENTIAL STATUS, A 300 PAGE MEDICAL AND OTHER RELEVANT INFORMATION WAS SENT TO CIC IN END OF 2013, REQUESTING TO HOLD THE APPOINTMENT UNTILL SHE RECUPERATES, IN RESPONSE CIC SENT A LETTER TO THE MINOR APPLICANT TO PREPARE FOR INTERVIEW, WHICH THE MP OFFICE CONFIRMED AND SAID WAS MISTAKE AND TO IGNORE, MIDDLE OF 2015 MOTHER GETS VERY SICK AND IN LAST QUARTER OF THE YEAR 2015 DIES. GRIEVING FAMILY CONSULTS THE MP OFFICE OF THE PROCEDURE, THE MP OFFICE AFTER CLARIFICATION ADVISES THE FAMILY TO SEND A WITHDRAWAL LETTER FOR THE MOTHER, AND TO REQUEST PROCESSING OF THE CHILD WHO IS 17 1/2 NOW (STILL MINOR UNDER 18) IN FATHERS NAME AS GUARDIAN AND PARENT. FAMILY SENDS REGISTERED REQUISITE LETTERS PER ADVISE OF THE MP OFFICE, MP OFFICE CHECKS WITH CIC AND CONFIRMS THE LETTERS WERE RECEIVED AND THE PROCESSING OF THE SAME IN DUE COURSE OF TIME I.E 12 TO 24 MONTHS

REGRETFULLY CIC DOES NOT CARE TO REPLY TO THE 2 REGISTERED LETTERS, ON RANDOM ONLINE CHECK THE FILES SHOWS AS IN PROCESS UNTILL EARLY 2016, FEW MONTHS LATER THE TRACKING DISAPPEARS. CIC DOES NOT RESPOND OR EXPLAIN WHAT HAPPENED TO MINOR APPLICATION
CIC TAKES ACTION IN CLOSURE OF MOTHERS FILE, IGNORES THE SIMULTANEOUS REQUEST FOR THE MINOR, UPTO EARLY 2016 NOW THE FILE IS NOT AVAILABLE ON ONLINE , THE MINOR NOW 18 IN LIMBO LET DOWN BY CIC. ANYONE HAS ANY EXPERIENCE OF SUCH HIGHLY UNFAIR AND UNJUSTIFIED ACTION THEY CONTINUE TO STONEWALL AND NOT GIVE ANY OFFICIAL EXPLANATION,
IF ANYONE HAS DEALT WITH SUCH EXPERIENCE, OR KNOW HOW TO APPROACH . LEGAL RECOURSE TO REDRESS THIS PLS DO LET US KNOW . I WISH THAT COLD HEARTED PERSON WHOS DONE THIS READS THIS AND FEEL THE PAIN OF THE KID AND THE FAMILY, IMMIGRANTS COME TO CANADA TO ESCAPE DISCRIMINATION AND NOT TO GET DISCRIMINATED

Nowhere in this original post had said that the father has canadian citizenship. So I assumed the father was not canadian thus was why CIC cancelled the minor's application.

Since the minor's application was submitted with the mother's application as a family application, it runs the risk of being delayed or even denied if any one of the applicants failed the process. Had the child's application been applied separately from the mother's application (individual) the unfortunate circumstances surrounding the mother would have no bearing on the child's application since he/she has a canadian father.

It is a long and hard process to remove a qualifying applicant from a failing applicant from a family application. It is like trying to have the best of both world of individual applications and family application. In other words, trying to have their cake and eat it too when things don't turn out the way they expect. This is why one should expects the process to be long and difficult when dealing with applications submitted as a family as opposed to individually submitted.

 

[asifmehmood]

I am sorry to hear your situation.

Landed in 2000 and applied along with minor in 2012 with a diag of CA? while the father already got citizenship? Why didn't you applied all as family when father made application.

Something is missing here?

 

[KAY999]

Nowhere in this original post had said that the father has canadian citizenship. So I assumed the father was not canadian thus was why CIC cancelled the minor's application.

Since the minor's application was submitted with the mother's application as a family application, it runs the risk of being delayed or even denied if any one of the applicants failed the process. Had the child's application been applied separately from the mother's application (individual) the unfortunate circumstances surrounding the mother would have no bearing on the child's application since he/she has a canadian father.

It is a long and hard process to remove a qualifying applicant from a failing applicant from a family application. It is like trying to have the best of both world of individual applications and family application. In other words, trying to have their cake and eat it too when things don't turn out the way they expect. This is why one should expects the process to be long and difficult when dealing with applications submitted as a family as opposed to individually submitted.

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Screech 399- apparently you seem to be very experienced and giving such valuable insight and logical explanation, sorry that i missed out the fathers status as Canadian in the first post but having clarified you would empathise that CIC having both letters in their hand sent according to their specified requirement, acts arbitrarily on closing mothers file and ignoring the other part.

moreover CIC has privy to all this family information, on top of that there were the 2 prescribed request letters from CIC via MP office to withdraw mothers application and move the child to fathers (Canadian)name was done on behest of the CIC, Im not sure any law or rule denies or prevents a minor his right of citizenship on death of their parent, i understand your point you made earlier about the circumstances where parents are not Canadian, but this is not our case. doesn't CIC or any other concerned person /dept for this matter has the obligation and are accountable of making sure that their actions does not unfairly create hardships and difficulties or are detrimental to their own Canadian Citizens. Rather than stonewalling at least they should have sent an explanation or some communication stating the reasons and advising the poor child/parent on how to redress the situation. let me clarify that i donot have any other interest by writing here other than seeking help how to redress this issue, and secondly highlight the issue so others can benefit i.e you mentioned about the downside of family applications. because we were told that a minor cannot apply individually this is why my wive's application was delayed to include our minor child with her. I thank you for your interest and time. will appreciate any guidance /suggestions in moving forward rgds

 

[chikloo]

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Screech 399- apparently you seem to be very experienced and giving such valuable insight and logical explanation, sorry that i missed out the fathers status as Canadian in the first post but having clarified you would empathise that CIC having both letters in their hand sent according to their specified requirement, acts arbitrarily on closing mothers file and ignoring the other part.

moreover CIC has privy to all this family information, on top of that there were the 2 prescribed request letters from CIC via MP office to withdraw mothers application and move the child to fathers (Canadian)name was done on behest of the CIC, Im not sure any law or rule denies or prevents a minor his right of citizenship on death of their parent, i understand your point you made earlier about the circumstances where parents are not Canadian, but this is not our case. doesn't CIC or any other concerned person /dept for this matter has the obligation and are accountable of making sure that their actions does not unfairly create hardships and difficulties or are detrimental to their own Canadian Citizens. Rather than stonewalling at least they should have sent an explanation or some communication stating the reasons and advising the poor child/parent on how to redress the situation. let me clarify that i donot have any other interest by writing here other than seeking help how to redress this issue, and secondly highlight the issue so others can benefit i.e you mentioned about the downside of family applications. because we were told that a minor cannot apply individually this is why my wive's application was delayed to include our minor child with her. I thank you for your interest and time. will appreciate any guidance /suggestions in moving forward rgds

My condolences for your wife's demise. I cannot imagine the pain you are going through and adding to that you have to deal with CIC. I think you at this point must not just be consulting in this forum. I strongly suggest you hire a lawyer and present your case to him/her. They will be able to give you a sound advise. Forum is just to discuss things and know your options. Having said that the options may not be right for you. Since it is a Minor's application I again strongly recommend you contact an immigration lawyer. I do not know your financial situation but there are lawyers who will represent you for a decent fee. You can ask for lawyer's details in this forum. Only thing is be in constant touch with your lawyer as it will be one another case for him. He/she will not have as much interest as you have in your son's application.

All the best. I wish you and your kid to get the result you want.

 

[andersonhc]

Since CIC is not responding and you cannot track the process, file an ATIP so you can get the process status.

Unfortunately I cannot post links, but you can google - atip canada immigration

 

[KAY999]

My condolences for your wife's demise. I cannot imagine the pain you are going through and adding to that you have to deal with CIC. I think you at this point must not just be consulting in this forum. I strongly suggest you hire a lawyer and present your case to him/her. They will be able to give you a sound advise. Forum is just to discuss things and know your options. Having said that the options may not be right for you. Since it is a Minor's application I again strongly recommend you contact an immigration lawyer. I do not know your financial situation but there are lawyers who will represent you for a decent fee. You can ask for lawyer's details in this forum. Only thing is be in constant touch with your lawyer as it will be one another case for him. He/she will not have as much interest as you have in your son's application.

All the best. I wish you and your kid to get the result you want.

Dear Fellow human being, im touched by your words, dont you think we all in a civilised society should care and share the pain of each other, i wonder what makes anyone such stone hearted and indifferent doesn't matter what ever position or power he may have, BTW i fail to understand on what basis they would close or deny his/minor application that he had about 12 years of residence in the country and 3 time normal eligibility or residence requirement a landed immigrant family with siblings and father already citizens, and mother co applicant? at least they should have had the courtesy of send a response or a small explanation letter to explain their decision.

i was so much moved & proud of our PM Trudeau watching his human side with wet eyes and emotional speech in quebec last jan after the mosque attack , can an orphan or a minor unprotected child who just lost his mother be treated so shabbily, literally kicked in the face because he was orphaned, shouldn't our society be based on compassion and care based on reasonability, genuine exceptions, or rather red tape bureaucracy and in-discretionary powers that can harm even our children. a society is rich and great when children even when unfortunately they either deprived of a family or orphaned become vulnerable but are loved, cared and protected by their neighbours, community, and our system this kid was so much attached to his mother, volunteered in cancer society, wants to become a lawyer as his mother wished & help unprivileged people in our society, was so hyped like any other teen, i think they are our future. this episode has battered his moral, i dont want him to loose his trust in our system, society and just hope he gets his file and trust restored, so he can also be a proud asset to our society

 

[DollyM]

Is there some reason, as his father and as a Canadian citizen, that you cannot simply apply for him? Why do you need his original application to be reopened when you can apply? I'm confused.

 

[KAY999]

Its very simple Already he lost 5 years for the first application that was unnecessarily dumped, he doesnt want to wait indefinitely another 4 or 5 years because now just over 18 its his university age he wants to travel, explore and pursue his law studies doesn't want to be grounded without a passport and loose his youth years stuck due to some illogical reason

so if we are unfairly skidded by the system, should we try to redress and have corrective action or start again from scratch irrespective of the time , effort and resources wasted. I really feel sorry maybe if some over 50 or 60 years old doesnt matter, but can some expect a teen to wait for his driving license, or an ID or a passport which they yearn to get and explore and enjoy the world.

 

[Dunbar]

Hi all,

I think this story is not standing logically.
Is there something another to know by posting this thread?