Bring my son back to Canada

[apple235]

Hi,
I really need some help, I know I should not be posting this but I can't help it. I don't have legal status in Canada since 2015, I tried applying Humanitarian but no response yet. My son is in the Phillipines right now, I went home with him when I still have my status, now I want to bring him back here I don't know what will be my first step. His Dad is a Canadian Citizen but he has his family here my son was born out of wedlock. But he is willing to cooperate to bring my son back to Canada.
I hope someone can help me please. Thank you

 

[primaprime]

If his father was born or naturalized in Canada, your son is a Canadian citizen. You should apply for his passport.

 

[scylla]

Hi,
I really need some help, I know I should not be posting this but I can't help it. I don't have legal status in Canada since 2015, I tried applying Humanitarian but no response yet. My son is in the Phillipines right now, I went home with him when I still have my status, now I want to bring him back here I don't know what will be my first step. His Dad is a Canadian Citizen but he has his family here my son was born out of wedlock. But he is willing to cooperate to bring my son back to Canada.
I hope someone can help me please. Thank you

If your son was born after his father became a Canadian citizen, this means that your son is a Canadian citizen by birth. You should apply for proof of citizenship for him. Information is in the link below and processing will take around 6 months. Once he has proof of citizenship, he can apply for a Canadian passport and then travel to Canada. This is probably the easiest way.

https://www.canada.ca/en/immigratio...s/canadian-citizenship/proof-citizenship.html

If he was born before his father became a Canadian citizen, then your son is not a Canadian citizen. His father should be able to sponsor him for permanent residency assuming that he declared him in his application when he became a PR.

 

[Naturgrl]

Was your son born in Canada? If not, Do you have your son’s proof of Canadian citizenship? Start with the link to apply. Having a Canadian son gives you no benefit to live or work in Canada.


https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship.html

 

[apple235]

He's father is a canadian citizen when my son was born so he left the country as a born canadian citizen, I'm just worried that I can't bring him back to Canada since I don't have legal status here.

 

[Naturgrl]

He's father is a canadian citizen when my son was born so he left the country as a born canadian citizen, I'm just worried that I can't bring him back to Canada since I don't have legal status here.

So start with the links to apply for his citizenship record. You need to look at how to immigrate on your own merit as having a Canadian child doesn’t give you the right to live & work in Canada.

 

[apple235]

He is a Canadian Citizen and he has his Canadian passport, I just send him back home because no one will look after him while I was working.
Since I am still in Canada I want to bring him back here, but I am not sure if that is possible because I don't have any status in Canada.

 

[scylla]

He is a Canadian Citizen and he has his Canadian passport, I just send him back home because no one will look after him while I was working.
Since I am still in Canada I want to bring him back here, but I am not sure if that is possible because I don't have any status in Canada.

If your son already has a Canadian passport then there is nothing stopping him from returning to Canada. He has the right to return to Canada as a citizen.

You yourself cannot fly back to your home country and then return with your son. You have to remain in Canada since you are out of status and have an H&C application in progress.

However you son can either come to Canada on his own (depending on his age) or someone else can bring him to Canada.

 

[apple235]

That is a great news, I will not fly back I have to look for someone else to bring him back here. I thought that will be a problem since I don't have my legal status in Canada.
What documents do I have to provide for whoever will bring him here, he's only 7 years old, he can't tracel alone

 

[canuck78]

That is a great news, I will not fly back I have to look for someone else to bring him back here. I thought that will be a problem since I don't have my legal status in Canada.
What documents do I have to provide for whoever will bring him here, he's only 7 years old, he can't tracel alone

Permision from both parents or if you have sole legal custody you can provide your permission. Given that school can become virtual at any time and the fact that you don't have status so don't qualify for any support programs you must be in a financial position to be able to either take time off or pay/have someone who is able to care for your child. If your financial or employment situation is not stable or you don't have a plan for after school care or care if school is virtual you really need to consider if having your child in Canada is possible at the moment. During covid, it is hard enough for parents with status who can access support programs.

 

[Bs65]

That is a great news, I will not fly back I have to look for someone else to bring him back here. I thought that will be a problem since I don't have my legal status in Canada.
What documents do I have to provide for whoever will bring him here, he's only 7 years old, he can't tracel alone

Maybe first read an example from Air Canada for minors travelling alone which is possible subject to conditions from 8 onwards. These guidelines are likely agreed on an international basis and for Air Canada at least is not free

https://www.aircanada.com/ca/en/aco/home/plan/special-assistance/unaccompanied-minor.html

For guidance on travelling with an adult who is not childs parent read this link

https://www.canada.ca/en/immigratio...-canada/minor-children-travelling-canada.html

 

[apple235]

Thank you for your help....