Urgent for a kid

[hambousha]

A family (husband, wife and 3 year kid) soft landed in 2016
The father is going back in 2019 to meet the residence obligation but the mother got divorced will go back to home country with the kid and will not go back to Canada.
Now once the father gets the citizenship after meeting the requirements, would the kid (who did not stay in Canada after the soft landing) be able to get the citizenship as of his father?
Thanks in advance !

 

[hambousha]

Any advice?

 

[scylla]

A family (husband, wife and 3 year kid) soft landed in 2016
The father is going back in 2019 to meet the residence obligation but the mother got divorced will go back to home country with the kid and will not go back to Canada.
Now once the father gets the citizenship after meeting the requirements, would the kid (who did not stay in Canada after the soft landing) be able to get the citizenship as of his father?
Thanks in advance !

No - the child will not qualify for citizenship through his father.

 

[zardoz]

No - the child will not qualify for citizenship through his father.

The kid could however be included in the application for Citizenship when the father becomes eligible, assuming that the child is not inadmissible for failing to meet the Residency Obligations.

 

[scylla]

The kid could however be included in the application for Citizenship when the father becomes eligible, assuming that the child is not inadmissible for failing to meet the Residency Obligations.

Agreed. Since the child soft landed in 2016, hasn't lived in Canada since then and will be remaining in the home country with the mother - RO won't be met.

 

[hambousha]

So you guys mean that child does not have to meet the requirements for citizenship application however having his (the child) PR card expired for not meeting RO, he will not be able to apply with the father
Correct?

 

[scylla]

So you guys mean that child does not have to meet the requirements for citizenship application however having his (the child) PR card expired for not meeting RO, he will not be able to apply with the father
Correct?

Correct.

 

[spyfy]

So you guys mean that child does not have to meet the requirements for citizenship application however having his (the child) PR card expired for not meeting RO, he will not be able to apply with the father
Correct?

As stated above: correct.

To clarify further: You are writing "Child does not have to meet the requiremetns for citizenship". This blanket statement is incorrect. A child, if their parent is a citizen or applies at the same time, doesn't need to fufill the physical presence requirement for citizenship (3/5 years), but all other requirements are in effect. Most importantly, only a PR in good standing can apply for citizenship. And that's where the RO kicks in.

 

[hambousha]

Got your point
So to conclude it ;
If a parent and a child soft landed in 2016 and then moved back to home country.

The parent and the child should return to Canada maximum by 2019 so they can meet RO (2 yrs/5)and renew their PRs by 2021 then if the parent stays one more year (3 yrs/5) both can apply for citizenship in the same application ?

 

[zardoz]

Got your point
So to conclude it ;
If a parent and a child soft landed in 2016 and then moved back to home country.

The parent and the child should return to Canada maximum by 2019 so they can meet RO (2 yrs/5)and renew their PRs by 2021 then if the parent stays one more year (3 yrs/5) both can apply for citizenship in the same application ?

Yep. However, that's under today's legislation. There is no way to guarantee that the legislation will be the same in four years from now.