Advice needed!

[RichieRich1984]

Hello, I am a canadian currently living in Beijing, China (continuously for the previous 9 years almost) My chinese wife (married in china) will be returning with me to Vancouver this June with our 6 month old daughter. My wife has a 10yr V1 visa, and has been in and out of canada multiple times before. My daughter will have a tourist visa also, as she is currently still a Chinese citizen until I apply to have that changed. My question is this, would my wife and daughter likely be required to have return tickets to china? Would it be an issue if we told border services that we plan to apply for her permanent residency while we are in canada? We plan on staying at my parents home while we get settled and i get a job. We have no assets but around 150k in savings, and my wife’s mother will be giving us an additional 400k at the end of the year to purchase our home.

Any advice would be greatly appreciated!

 

[Miraclejj]

Hello, I am a canadian currently living in Beijing, China (continuously for the previous 9 years almost) My chinese wife (married in china) will be returning with me to Vancouver this June with our 6 month old daughter. My wife has a 10yr V1 visa, and has been in and out of canada multiple times before. My daughter will have a tourist visa also, as she is currently still a Chinese citizen until I apply to have that changed. My question is this, would my wife and daughter likely be required to have return tickets to china? Would it be an issue if we told border services that we plan to apply for her permanent residency while we are in canada? We plan on staying at my parents home while we get settled and i get a job. We have no assets but around 150k in savings, and my wife’s mother will be giving us an additional 400k at the end of the year to purchase our home.

Any advice would be greatly appreciated!

I don't know the rest, but I believe that your 6 months old daughter is a Canadian Citizen, and she cannot get a tourist visa to return Canada. You need to apply Canadian Passport for your daughter.

 

[Buletruck]

Your wife would need return tickets, primarily due to airline requirements, although CBSA can be a stickler for it sometimes at entry. Airlines don't like having to foot the bill if someone is denied entry and is forced to return. One way around it is to purchase a one way ticket to Vancouver and then, just before check in, book a return trip with Air Canada. They have (check the website to confirm it is still policy) a 24 hour cancellation policy that includes a full refund. Simply purchase before check in, and cancel after you clear customs.

 

[RichieRich1984]

I don't know the rest, but I believe that your 6 months old daughter is a Canadian Citizen, and she cannot get a tourist visa to return Canada. You need to apply Canadian Passport for your daughter.

I’m not 100% sure on this, but i feel that my daughter would only be a canadian citizen if we submitted an application for her to be one. She is a chinese citizen currently, although she has the birth right to be canadian, she is not just automatically one. Someone correct me if i am wrong please!

Edit- I should note that my daughter was born in Beijing china, and has a birth certificate from the chinese hospital

 

[scylla]

I’m not 100% sure on this, but i feel that my daughter would only be a canadian citizen if we submitted an application for her to be one. She is a chinese citizen currently, although she has the birth right to be canadian, she is not just automatically one. Someone correct me if i am wrong please!

She is automatically a Canadian citizen.

 

[RichieRich1984]

She is automatically a Canadian citizen.

I dont see how this is possible. China does not recognize dual citizenship. She has never been to canada, and we have not applied for a proof of citizenship or anything of the sort....

 

[RichieRich1984]

Thanks

Your wife would need return tickets, primarily due to airline requirements, although CBSA can be a stickler for it sometimes at entry. Airlines don't like having to foot the bill if someone is denied entry and is forced to return. One way around it is to purchase a one way ticket to Vancouver and then, just before check in, book a return trip with Air Canada. They have (check the website to confirm it is still policy) a 24 hour cancellation policy that includes a full refund. Simply purchase before check in, and cancel after you clear customs.

Thanks for the reply, I checked with the air canada website and they do offer a full refund. We will probably do this just to avoid any issues.

 

[Buletruck]

Governments that don't allow dual citizenship usually allow limited dual citizenship to children up to a certain age.

 

[canuck_in_uk]

I dont see how this is possible. China does not recognize dual citizenship. She has never been to canada, and we have not applied for a proof of citizenship or anything of the sort....

She is a Canadian citizen by birth, regardless of China's laws. You should apply ASAP for her Certificate of Citizenship; yoi can concurrently apply for a limited validity Canadian passport.

 

[RichieRich1984]

She is a Canadian citizen by birth, regardless of China's laws. You should apply ASAP for her Certificate of Citizenship; yoi can concurrently apply for a limited validity Canadian passport.

Do you think it is unlikely she will get approved for her tourist visa to canada? She is applying with her chinese passport.

 

[canuck_in_uk]

Do you think it is unlikely she will get approved for her tourist visa to canada? She is applying with her chinese passport.

She is a Canadian citizen, so yes, a TRV app will be refused. The only other option would be a Facilitation Visa.

Note that without proof of her Canadian citizenship, you will likely face issues with things like getting her provincial health coverage in Canada.

 

[RichieRich1984]

She is a Canadian citizen, so yes, a TRV app will be refused. The only other option would be a Facilitation Visa.

Note that without proof of her Canadian citizenship, you will likely face issues with things like getting her provincial health coverage in Canada.

Do you think that on the off chance she was approved for the visa, we could go to canada and then submit the application for the certificate of citizenship and eventually her canadian passport? As i said, we will be going there in June. Not really a ton of time!

 

[scylla]

Do you think that on the off chance she was approved for the visa, we could go to canada and then submit the application for the certificate of citizenship and eventually her canadian passport? As i said, we will be going there in June. Not really a ton of time!

There's a chance IRCC may make a mistake an issue a TRV. However higher chance they will refuse the TRV since she is already a citizen. You may end up waiting a number of months for the TRV to be processed only to end up with a refusal and directions to apply for proof of citizenship instead.

 

[RichieRich1984]

There's a chance IRCC may make a mistake an issue a TRV. However higher chance they will refuse the TRV since she is already a citizen. You may end up waiting a number of months for the TRV to be processed only to end up with a refusal and directions to apply for proof of citizenship instead.

Man what a headache, do you think if i got together the required documents and took them to the embassy in beijing there would be some way to get everything sorted so that we could still travel to vancouver in June. I’m reading reports of people waiting up to a year for their certificate of citizenship!

 

[DEEPCUR]

She is a Canadian citizen by birth, regardless of China's laws. You should apply ASAP for her Certificate of Citizenship; yoi can concurrently apply for a limited validity Canadian passport.

Does one become Canadian by birth even if they are born outside Canada to a Canadian citizen parent?