I am British and I have a British born child by a naturalised Canadian. The relationship has now broken down but I would like to raise my child in Canada purely because it is a nicer country to raise children and I’ll like him to be Bilingual in French and English too. How do I go about getting some form of status for my child? The father is uncooperative. Is there also a way to make him pay child maintenance for the child if Canadian status isn’t obtainable for the child without his support? He is named in the birth certificate as the father and did sign the birth certificate too.
Canadian Citizen for Estranged Child
- Thread starter Twinkletwin
- Start date
Having a Canadian child does not mean that a British parent can go live in Canada. You would need to find a way to immigrate to Canada.
The child is Canadian by birth assuming the father naturalized before the child was born. However this doesn't help you.
As said above, having a Canadian citizen child does not entitle you to move to Canada or live in Canada.
If you wish to move to Canada / live in Canada, you would have to qualify for this independently - either through some sort of temporary status (e.g. work permit, study permit) - or through qualifying and applying to immigrate through an economic immigration program like Express Entry (based on your level of education, skilled work experience, age, etc.).
Once your child is an adult and living and working in Canada, there may be options for your child to sponsor you for permanent residency. But that's years off.
In terms of child maintenance, you will want to hire a Canadian family lawyer to assist you with exploring options.
Hope this helps and good luck.
Thank you very much for your response.
Unfortunately, the father was only a PR holder at the time of the child’s birth and I am assuming that he has become naturalised of recent. I wonder if my child would still qualify and if he does, would the father have to support his application or he won’t be able to live in Canada otherwise?
With regard to me the mother, I intend applying for a study visa and I do understand that on successful application, my dependant would be allowed to join me but I thought it would be easier if he can simply take on his Canadian citizenship (if he is so entitled) as this would make life so much easier for him especially where healthcare is concerned as I understand that Canada runs similar health system to the UK. I have full understanding that his supposed Canadian citizenship bestows no benefits on me and I’m fine with that.
In that case your child does not qualify for Canadian citizenship.
The father would need to sponsor the child for permanent residency. This would require the father's direct involvement and support. There is no direct path to citizenship for your child.
If you enter on a study permit, then your child would come on an eTA / TRV along with you and be classified as a foreigner in Canada (like you).
If the father was a PR holder and not a citizen at the time of his birth then he is not a Canadian citizen. If the father is now a citizen, he would have to sponsor his child to become PR. The link is below. To apply, he has to take on financial responsibility for your child.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html
Thank you for your input. Again very much appreciated.
i wonder however, if he added the child’s name on his application for naturalisation would that mean that Citizenhio has been conferred on the child also or there is no option for such in naturalisation? If that is a possibility then can I as a mother verify this? He claimed that he submitted child name to IRCC but I don’t know what that even means.
No - it doesn't work that way.
Child would need to be sponsored for PR first. Yes, he would have mentioned the child's name in his citizenship application but this does not grant citizenship to the child.
You would know if the child had been sponsored for PR since the child would have required a medical and other paperwork - and your involvement would have been required.
Let’s say hypothetically that he does sponsor the child somewhere down the line, would that mean that child would have to wait 4 years to become naturalised or can he apply to naturalise the child before then? Furthermore, if he does agree to sponsor the child for PR, the requirements are strictly that the child must reside with him, is that correct? Now that will be a conundrum as we certainly have no desire in being in each other’s vicinity.
i guess I just have to cut my loses and accept to do this the longer and more stressful way.
Is there ever a way to compel him to apply for the child at all? I really just want to give my child the best footing in life as much as I can and I sincerely feel that he will thrive in Canada.
There is no way to compel him to sponsor the child. He is under absolutely no legal or any other obligation to do so. It's entirely his choice.
If he at some point agrees to sponsor the child for PR, he can do so up until the age of 22 (the application to sponsor the child for PR would need to reach IRCC before the child turns 22). Depending on how old the child is when this happens, it may be possible to apply for citizenship directly (after PR is granted and after the child moves to Canada) or the child may have to live in Canada for 3 years to qualify for citizenship.
The child does not necessarily have to reside with him after becoming a PR.
You need to talk to him. Assume he lives in Canada because he has to take on financial obligations for your child, as outlined in the requirements.
- Length of undertaking is 10 years from the day your dependent child (or the dependent child of your spouse, common-law partner or conjugal partner) under 22 years of age becomes a permanent resident
I suppose my tone came across strong. When I said compel him, I meant if there was an action based in law that could assist my child in getting some form of rights, but nonetheless, I understand that this isn’t possible.
The child in question is under 5years of age so how does that work out for applying for citizenship straight away after PR?
Anyway, it seems I might be building castles in the sky as it seems unlikely that he’d cooperate so it’s might be time to strap my boots and focus on the getting him into Canada via the Study route.
Thank you so much for your contribution.
Yes, he lives in Canada but for whatever reason known to him, he does not want to cooperate even for the welfare of the child.
Sorry I don’t understand what length of undertaking refers to. Can you elaborate on this please? Is that how long the child has to live with the sponsoring parent?
I’m grateful for your time. Thank you
There is no action based on law. Your child has no rights to PR or citizenship.
If the child is 5 or under when PR is obtained, then the citizenship application can be submitted as soon as the child has moved to Canada. The father will need to submit and support the citizenship application (as well as the PR application). It's all going to be driven by him (not by your).