Seperating Minor Application

[ajaymetha]

I have a question from the senior members of this forum regarding separating my minor children citizenship applications from my application. However, first, I would like to give the data of my application in the following manner:

Applied: May 05, 2011 (Me and my three kids.)
In process: December 20, 2011.
Pre-test RQ: April 17, 2013.
RQ received by St. Clair: June 05, 2013 (As per ATIP).

As per the latest ATIP, nothing is done on my application after June 05, 2013. Even all background checks are currently expired.

My wife completed her residency requirement in January 2014 and applied on Jan. 21, 2014. She took her oath on July 29, 2014. She applied and got the citizenship alone.

Please give your suggestion whether I can separate my children application from mine application in order to request CIC to process their application separately based on the new fact that their mother is now Canadian Citizen.

Please advise.

 

[ajaymetha]

????

 

[Travel Dream]

this is an interesting situation....

I have another question .... if they are separated and given the citizenship because of the mother.. they will be 1st or 2nd generation

 

[HighFive]

I been told that they are able to separate family members applications if one of the family members got RQ. So I reckon you just should go ahead and call CIC and ask them to do so. Please come back to us with your results.

 

[ajaymetha]

I believe for children, it is the requirement that 1 of the parent should be citizen, since for kids there is no residency requirement. In my case, my application is still pending, whereas, my wife just got the citizenship.

 

[Leon]

Since your wife already got citizenship and they weren't on her application, I do not know if you can separate their applications from yours. Your wife may have to apply for them again. However, all you can do is try it and see what they say.

Write a letter stating that as your wife already got citizenship (date) while your application is pending and the children are on your application, you would like to request that they separate the children's applications from yours and treat them as if their mother who is already a citizen had applied for them. Ask if there are forms your wife would have to fill out and sign for this change to happen.

I have another question .... if they are separated and given the citizenship because of the mother.. they will be 1st or 2nd generation

Since the children were PR before they gained citizenship, they would be naturalized citizens.

1st generation born abroad is only when the parent is a citizen before their children are born and the children gain citizenship based on that without having been first sponsored for PR.

 

[Travel Dream]

thanks leon

if someone was born in canada and his son born outside. He can give the citizenship to his son by descent but in this case his son will be 2nd generation So can he sponsor him to canada and give him the citizenship by naturalization so his son will be 1st generation.

 

[PMM]

Hi

thanks leon

if someone was born in canada and his son born outside. He can give the citizenship to his son by descent but in this case his son will be 2nd generation So can he sponsor him to canada and give him the citizenship by naturalization so his son will be 1st generation.

No, because CIC would consider him a citizen.

 

[Leon]

thanks leon

if someone was born in canada and his son born outside. He can give the citizenship to his son by descent but in this case his son will be 2nd generation So can he sponsor him to canada and give him the citizenship by naturalization so his son will be 1st generation.

You are confusing your generations here. His son would be considered "1st generation born abroad". Such children are already Canadian citizens based on their parents citizenship and therefore he can not sponsor him for PR because you can not get PR if you are already a citizen.

If his son later has children who are also born abroad and the mother is not Canadian born or a naturalized Canadian, his children would be considered "2nd generation born abroad" and they could not get citizenship at birth but he can sponsor them for PR and later apply for their citizenship. His children would then become naturalized citizens and can later pass on citizenship to their children.

 

[moti]

Hi Leon, My timeline is same as op. 2011 no test yet. his wife applied in jan 2014 and got oath already. So why not withdraw the application and apply again ? seniors would it be a good option ? how long after withdrawing the application one can re apply.

 

[Leon]

Hi Leon, My timeline is same as op. 2011 no test yet. his wife applied in jan 2014 and got oath already. So why not withdraw the application and apply again ? seniors would it be a good option ? how long after withdrawing the application one can re apply.

As soon as you get an acknowledgement that you have withdrawn.