Still married, gets married again, son can apply for citizenship?

[Dreamlandvisa]

Hi everyone,

Canadian/Iranian citizen married to another citizen in Canada leaves his wife and goes back to Iran his homeland, gets married and has a son now. He has not divorced his Canadian wife yet due to some financial dispute with her.

Given the fact that he is separated but not LEGALLY divorced, can he apply for his son's Canadian citizenship?

Any thoughts would be appreciated.

 

[zardoz]

Hi everyone,

Canadian/Iranian citizen married to another citizen in Canada leaves his wife and goes back to Iran his homeland, gets married and has a son now. He has not divorced his Canadian wife yet due to some financial dispute with her.

Given the fact that he is separated but not LEGALLY divorced, can he apply for his son's Canadian citizenship?

Any thoughts would be appreciated.

Under Canadian law, he has committed the crime of bigamy because he is a Canadian citizen who has travelled abroad to marry a second wife. http://yourlaws.ca/criminal-code-canada/290-bigamy
However, he can probably apply for the child's citizenship.

 

[Goldline]

http://www.charismanews.com/world/46089-canadian-legislation-would-deport-polygamists

 

[zardoz]

http://www.charismanews.com/world/46089-canadian-legislation-would-deport-polygamists

Not, unfortunately, applicable in this case, as the offender is a Canadian citizen. This is the reason that "290(1)(b)" applies.

 

[Dreamlandvisa]

Under Canadian law, he has committed the crime of bigamy because he is a Canadian citizen who has travelled abroad to marry a second wife. http://yourlaws.ca/criminal-code-canada/290-bigamy
However, he can probably apply for the child's citizenship.

Thanks for your comments, so how can we be 100% make sure that his son will be eligible? Can we use try and error procedure?!

 

[zardoz]

Thanks for your comments, so how can we be 100% make sure that his son will be eligible? Can we use try and error procedure?!

The father should just apply... There is no other way.

 

[keesio]

he should divorce the first wife ASAP. It's not a guarantee but it looks better than just ignoring the issue.

 

[eileenf]

Is the name of the father on the birth certificate? The marital status of the parents is irrelevant to the citizenship of the child under the current citizenship law. The child is the child of a Canadian citizen. This means the child is a citizen. Depending on the age of the child, the father can apply for a proof of citizenship through the CIC or a Registration of a Birth Abroad through the Embassy.

The issue at hand is whether the father will have adverse consequences from self-reporting himself as a bigamist to the Canadian government. If the father doesn't plan on returning to Canada any time soon, there's probably no consequence.

If the father does plan on returning to Canada and presumably sponsoring the new spouse for PR, he will have trouble. He will not be able to sponsor a second spouse when he is still married to the first. He will need to get his marital status and legal affairs in order rather than indefinitely pursuing the financial dispute with his first wife.

Also, on the off chance that the financial dispute involves unpaid child or spousal support ordered by a court, the father will have legal trouble upon his return to Canada.

In short, your friend seriously needs to get his affairs in order. But regardless, the child is a citizen.

 

[alphazip]

Is the name of the father on the birth certificate? The marital status of the parents is irrelevant to the citizenship of the child under the current citizenship law. The child is the child of a Canadian citizen. This means the child is a citizen. Depending on the age of the child, the father can apply for a proof of citizenship through the CIC or a Registration of a Birth Abroad through the Embassy.

I don't think "Registration of Birth Abroad" certificates have been issued since 1977. Nowadays, children born abroad to Canadians have to get citizenship certificates from CIC. Though this information concerns a birth in Germany, the instructions are good for births elsewhere: http://www.toytowngermany.com/lofi/index.php/t230184-15.html

 

[eileenf]

I don't think "Registration of Birth Abroad" certificates have been issued since 1977. Nowadays, children born abroad to Canadians have to get citizenship certificates from CIC.

Thanks Alphazip! You're right.

 

[Dreamlandvisa]

Thank you for your comments guys.

 

[TyrusX]

Be aware that this is now consider a serious crime under the anti-barbarism law that just went in vigor a few weeks ago.

Hi everyone,

Canadian/Iranian citizen married to another citizen in Canada leaves his wife and goes back to Iran his homeland, gets married and has a son now. He has not divorced his Canadian wife yet due to some financial dispute with her.

Given the fact that he is separated but not LEGALLY divorced, can he apply for his son's Canadian citizenship?

Any thoughts would be appreciated.

 

[zardoz]

Be aware that this is now consider a serious crime under the anti-barbarism law that just went in vigor a few weeks ago.

Still a long way off from becoming law though... http://news.gc.ca/web/article-en.do?nid=900339