Moving to Canada with Minor

[TashaC]

Hi, I am living in the United States, I have dual Citizenship Canadian/American. I am Canadian by first generation born outside of Canada. My son is American and has a US Passport. We are moving to Canada, I applied months ago for his Proof of citizenship certificate, I am aware he will most likely will not be approved since he is 2nd generation, it has been several months and I have not heard anything, it still shows in process.
So my question is, what do I need to do to move to Canada and enroll him in school, he is 9 years old. I am getting mixed information, some say just move and apply for pr or sponsorship once in the Canada, some say I need to do this before I move. So I guess I am trying to do this the legal and best way so he can start school and all and so we don't run into any problems at the boarder.
I have been asked this question a lot, but I do have full and sole custody and the documents to prove.
If anyone could advise me that would be amazing.
thank you in advance.
-Tasha

 

[armoured]

Hi, I am living in the United States, I have dual Citizenship Canadian/American. I am Canadian by first generation. My son is American and has a US Passport. We are moving to Canada, I applied months ago for his Proof of citizenship certificate, I am aware he will most likely will not be approved since he is 2nd generation, it has been several months and I have not heard anything, it still shows in process.
So my question is, what do I need to do to move to Canada and enroll him in school, he is 9 years old. I am getting mixed information, some say just move and apply for pr or sponsorship once in the Canada, some say I need to do this before I move. So I guess I am trying to do this the legal and best way so he can start school and all and so we don't run into any problems at the boarder.
I have been asked this question a lot, but I do have full and sole custody and the documents to prove.
If anyone could advise me that would be amazing.
thank you in advance.
-Tasha

Let's clarify: where were you born? If you were born in Canada (first generation), then your son is a Canadian citizen and you can just come to Canada. At the border, identify him as a citizen and show the copy of the application you made for his citizenship certificate. He can start school right away. The schools should take the same approach, although you can promise to provide copy of the citizenship certificate when you receive it.

 

[TashaC]

Let's clarify: where were you born? If you were born in Canada (first generation), then your son is a Canadian citizen and you can just come to Canada. At the border, identify him as a citizen and show the copy of the application you made for his citizenship certificate. He can start school right away. The schools should take the same approach, although you can promise to provide copy of the citizenship certificate when you receive it.

thank you for your reply. I was born in the United States, My mother was born in Canada and I become Canadian by first generation born outside of Canada. He is most likely not Canadian and will have to be in the Canada I think it is 1095 days. Sorry I should of clarified that in my first message

 

[armoured]

thank you for your reply. I was born in the United States, My mother was born in Canada and I become Canadian by first generation born outside of Canada. He is most likely not Canadian and will have to be in the Canada I think it is 1095 days. Sorry I should of clarified that in my first message

Ah, then you are second generation (just a question of terminology). You can prep to sponsor him at any time, no need to delay. As a US citizen, he will be admitted at border, and you can ask to bring him as you are moving, rare that border guards would have an issue with that for a minor, whether you've already applied for PR for him or about to do so. (You should note though that custody / permission of other parent issue could come up if you are moving).

Now schooling: you will have to check with the local school board. Most would prefer that a child have PR status, but I think in almost all cases they will admit a child of a canadian citizen (esp if PR sponsorship in progress) on basis of the parentage. (You can more or less reasonably attest that a sponsorship of a child should take perhaps six months, give or take - and I doubt any reasonable school board would not admit on that basis). I believe same with health care in many provinces, should be eligible as your child - but again, you should check. And obviously you may need some emergency insurance for any interim periods of non-coverage (eg if province has a waiting period).

BTW - once the child gets PR status, you can apply for his citizenship on PR-child-of-citizen basis; they will process that without the residency requirement. I believe this is called section 5(2). The only wrinkle is you cannot apply on this basis until the child becomes a PR.

 

[MJSPARV]

Two things to be aware of - carefully check which provinces will give your child provincial coverage before he receives PR, assuming you have a choice in where you live. Some are very generous in giving it to dependents of citizens. Related to that, and the schooling issue, ask for a visitor record when you enter Canada, or at least that his passport is stamped. We ran into issues with our daughter not being issued anything at the border making it difficult to get her provincial coverage as there was no proof she was legally in Canada. (slightly different situation in that her citizenship certificate was applied for and she was let in on her American passport as a Canadian citizen, so there wasn’t actually anything they could have given her, but it causes problems. In your case he’ll enter as an American so you can request a stamp or visitor record.)