Applying for my child who has an expired PR card , and hasn't fulfilled the needed number of days

[ahmedsisy]

Hi our great respectful members..

I'm about to apply for the Canadian citizenship and I have few questions I couldn't find their answers on the IRCC website or online guides
or even in this wonderful forum ( please correct me if I'm wrong)

I want to ask about my son situation

he is 8 years old , was landed with me in 2015 with his mom as well, but I and his mother separated shortly after that .
he and she haven't come back to Canada since the landing
I couldn't renew his permanent residency because of this reason but eventually he will come to live and study in Canada as i agreed with his mom.

So, his PR card has expired already , and he hasn't fulfilled the needed number of days for citizenship.

my question is can i apply for citizenship for him with me in the same file or no ?
where can I find information about my case ?
is there any conditions I should take in consideration ? or specific papers ?

or is it better to wait until I get the Citizenship then he can inherit it automatically ? (A friend has advised me so , but I am not sure if it is a right advice)

Thank you very much

 

[Das67]

Your problem right now is bigger than applying for your son's citizenship. your son needs to meet his PR obligations to keep his PR status, which he didn't. Because of that, his PR status can be revoked. Right now with his current situation, there is no way, in my opinion, you can apply for his citizenship, you need to get him back to Canada somehow and manage to keep his pr status then plan for citizenship. To answer your questions, no you can't apply with him at the same time right now. If you become a citizen your son won't become Canadian automatically, you will still need to apply for his citizenship.
See the below link if you want to apply with your son or you become Canadian and want to apply for your son.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-minors.html

 

[BA2LAMAZ]

Hi our great respectful members..

I'm about to apply for the Canadian citizenship and I have few questions I couldn't find their answers on the IRCC website or online guides
or even in this wonderful forum ( please correct me if I'm wrong)

I want to ask about my son situation

he is 8 years old , was landed with me in 2015 with his mom as well, but I and his mother separated shortly after that .
he and she haven't come back to Canada since the landing
I couldn't renew his permanent residency because of this reason but eventually he will come to live and study in Canada as i agreed with his mom.

So, his PR card has expired already , and he hasn't fulfilled the needed number of days for citizenship.

my question is can i apply for citizenship for him with me in the same file or no ?
where can I find information about my case ?
is there any conditions I should take in consideration ? or specific papers ?

or is it better to wait until I get the Citizenship then he can inherit it automatically ? (A friend has advised me so , but I am not sure if it is a right advice)

Thank you very much

And just to add to what was stated above, an alternative will be to sponsor your son as a dependent child under the Family Class sponsorship program but before you do so, ask yourself if your son will come to live in Canada. If no, then I wouldn't see the need going through that process only for him to not come remain with his mother where they are.

 

[fcow]

The forum is a great place but there could be false information, so take a grain of salt on what you read. If in doubt, ALWAYS consult a licensed consultant or an attorney.

Yes, you have the option apply together with your kid under Section 5(2). Since he's under 14, he does not have to appear for the oath. He does not have to be physically in Canada.

If you know for a fact that he's not meeting the residency obligation, don't bring him in Canada until he becomes a citizen. Otherwise he may get a removal order and be ineligible for citizenship.

 

[Das67]

The forum is a great place but there could be false information, so take a grain of salt on what you read. If in doubt, ALWAYS consult a licensed consultant or an attorney.

Yes, you have the option apply together with your kid under Section 5(2). Since he's under 14, he does not have to appear for the oath. He does not have to be physically in Canada.

If you know for a fact that he's not meeting the residency obligation, don't bring him in Canada until he becomes a citizen. Otherwise he may get a removal order and be ineligible for citizenship.

This is very misleading, to apply under 5(2) his son needs to be eligible

Eligibility

This form for an application under subsection 5(2) is intended for minors (under 18) who are permanent residents of Canada who want to apply for Canadian citizenship.

• Do not use this form to apply for proof that a child born outside Canada to a Canadian parent is a Canadian citizen. If your child was born outside Canada and is a Canadian citizen, apply for proof of citizenship (adults and minors).

To be eligible for Canadian citizenship under subsection 5(2), you, the minor:

• must be under 18 years of age on the day you sign the application;
• must be a permanent resident (landed immigrant) of Canada;
• must have at least one parent (includes legally adoptive parent) who is a Canadian citizen or who will become a citizen at the same time as you (applying together as a family);
• can’t have any unfulfilled conditions relating to their permanent resident status
• can’t be under a removal order (asked by Canadian officials to leave Canada);
• can’t be inadmissible or prohibited on criminal or security grounds.

source:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-minors.html

• can’t have any unfulfilled conditions relating to their permanent resident status

This is what will prevent his son from being eligible(never lived in Canada for 2 years/5), his son cannot become a citizen under 5(2) by living outside Canada since they landed.

 

[fcow]

This is very misleading, to apply under 5(2) his son needs to be eligible

Eligibility

This form for an application under subsection 5(2) is intended for minors (under 18) who are permanent residents of Canada who want to apply for Canadian citizenship.

• Do not use this form to apply for proof that a child born outside Canada to a Canadian parent is a Canadian citizen. If your child was born outside Canada and is a Canadian citizen, apply for proof of citizenship (adults and minors).

To be eligible for Canadian citizenship under subsection 5(2), you, the minor:

• must be under 18 years of age on the day you sign the application;
• must be a permanent resident (landed immigrant) of Canada;
• must have at least one parent (includes legally adoptive parent) who is a Canadian citizen or who will become a citizen at the same time as you (applying together as a family);
• can’t have any unfulfilled conditions relating to their permanent resident status
• can’t be under a removal order (asked by Canadian officials to leave Canada);
• can’t be inadmissible or prohibited on criminal or security grounds.

source:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-minors.html

• can’t have any unfulfilled conditions relating to their permanent resident status

This is what will prevent his son from being eligible(never lived in Canada for 2 years/5), his son cannot become a citizen under 5(2) by living outside Canada since they landed.

Unfulfilled conditions are not related to residency obligation. They generally refer to PR with terms and conditions, such as medical surveillance and entrepreneur class.
OP's son meets all the requirements for 5(2) unless he gets a removal order because of a CBSA report with regard to RO when he's crossing the border

 

[ahmedsisy]

Thank you very much... It sounds more complicated than I thought. . I think I'd really need a consultation from an attorney.
But anyway. . Thank you all very much for this discussion .. at least now I got some idea about the problems.