Dual Citizen Child Immigration

[callcanada]

My 13 and 14 year old children were born in the USA to a US citizen (me) and a British-born naturalized Canadian Citizen (their mother). They have lived all their lives in the US. Their mother has moved to Manitoba and they will be moving to Manitoba with her in 4 weeks. I will be transporting them across a land border into Ontario to fly to Winnipeg. Their birth certificates do not reference Canada at all, but their mother states that the only documentation I will need at the border is their birth certificates and our divorce decree, which states that she has permission to move them to Canada.

When I tell the border agent they are Immigrating to Canada, will they be allowed entrance?

Thank you!

 

[awor]

If neither parent was born in Canada, they will only be able to visit. She will have to apply for permanent residency for both children to LIVE in Canada, with your permission. It's my understanding that Citizenship is only granted to children born outside Canada to parents who were *born inside* Canada (1st generation). It's not quite as easy as you are thinking, I'm afraid!

 

[YorkFactory]

Was their mother a Canadian citizen when they were born? If so, they're Canadian citizens and should obtain Canadian passports and/or other proof of Canadian citizenship.

 

[Aneyshar]

York is right. First generation children born abroad to a Canadian parent (whose citizenship was acquired either by birth or naturalization) are Canadian citizens. They only need to obtain their Citizenship certificate to demonstrate their nationality. I assume they'd also need a Canadian passport in order to cross the border, but since they are moving from the States and not into it I think only their citizenship card will be sufficient to travel, but I suggest to check so to avoid issues at the border crossing.

More on citizenship here: http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq01.asp

 

[callcanada]

Thanks for all the replies so far!

The consensus from this board and other I have talked to is that they need Citizenship cards, but we MIGHT get a sympathetic border guard who would let us through anyway. Unfortunately, I have no power to apply for citizenship cards for them, since it is their mother's naturalization (when she was a child) that makes them Canadian by descent.

Anyone know how long it takes to get Citizenship cards for them if their mother applied today? We are supposed to cross the border on August 27.

York is right. First generation children born abroad to a Canadian parent (whose citizenship was acquired either by birth or naturalization) are Canadian citizens. They only need to obtain their Citizenship certificate to demonstrate their nationality. I assume they'd also need a Canadian passport, but since they are moving through the U.S./Canada border I think only their citizenship card will be sufficient to travel, but I suggest to check so to avoid issues at the border crossing.

 

[missmini]

York is right. First generation children born abroad to a Canadian parent (whose citizenship was acquired either by birth or naturalization) are Canadian citizens. They only need to obtain their Citizenship certificate to demonstrate their nationality. I assume they'd also need a Canadian passport, but since they are moving through the U.S./Canada border I think only their citizenship card will be sufficient to travel, but I suggest to check so to avoid issues at the border crossing.

More on citizenship here: http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq01.asp

yes york is right....if the mom was a citizen when they were born then they will b citizens too (just need to apply for it) no matter if they r born outside
awor the rule u said currently applies to 2nd generation children not first (for example if these children will also have their children outside Ca then those children won't b citizens, they need to b sponsored etc)
for me, 5 years ago, the citizenship process took 1 year!! there's a processing timeline like for immigration but maybe the route for children is faster than for adults :/ anyway, they should be able to enter as us citizens and maybe u could show proof that their citizenship papers r in process....good luck!!

 

[chelley]

Thanks for all the replies so far!

The consensus from this board and other I have talked to is that they need Citizenship cards, but we MIGHT get a sympathetic border guard who would let us through anyway. Unfortunately, I have no power to apply for citizenship cards for them, since it is their mother's naturalization (when she was a child) that makes them Canadian by descent.

Anyone know how long it takes to get Citizenship cards for them if their mother applied today? We are supposed to cross the border on August 27.

when i got my daughter's citizenship card from within canada it took nearly a year... that said, i believe you can apply for a travel document with the canadian embassy with proof of citizenship application (i.e. fees paid receipt)...

you will need something more than birth certificates to cross the border these days... need a passport or offical travel document... best to get this ball rolling soon if you need to travel at the end of August.

 

[Aneyshar]

Unfortunately the processing time for Citizenship Certificates is long! When I applied for my two kids' CC (citizenship cards), it took about 4 months for us to receive them through the embassy. That was like 3 years ago. The processing times nowadays are looooooonger! The website says 10 months in total!!!!

So my suggestion would be to have the kids cross the border (provided all their other paperwork is in order, for example, authorization from the other parent, etc.) and apply from within Canada, you'll save the additional 3 or 4 months added to the process time if done from within the States because of the diplomatic missions overhead.

I agree with missmini, the kids should be able to enter Canada as US citizens, I'd only worry that the border agent doesnt make an issue that they're not being accompanied by the other parent, but i guess you'll take care of that as well.

More info on the Citizenship certificate here:

Background Info:
http://www.cic.gc.ca/english/pdf/pub/proof.pdf

Instructions to apply:
http://www.cic.gc.ca/english/citizenship/proof-how.asp

Application package download:
http://www.cic.gc.ca/english/information/applications/certif.asp

Processing times:
http://www.cic.gc.ca/english/information/times/canada/certif-processing.asp

 

[callcanada]

Thanks for your replies!

Can they enter Canada as US citizens even if I am honest with the border guard and tell him they are immigrating to Canada? I can 't start the citizenship paperwork at all, since I am not Canadian. Unless I can convince her to do it, I have to assume that I will arrive at the border with nothing but their birth certificates and the court order.

Unfortunately the processing time for Citizenship Certificates is long! When I applied for my two kids' CC (citizenship cards), it took about 4 months for us to receive them through the embassy. That was like 3 years ago. The processing times nowadays are looooooonger! The website says 10 months in total!!!!

So my suggestion would be to have the kids cross the border (provided all their other paperwork is in order, for example, authorization from the other parent, etc.) and apply from within Canada, you'll save the additional 3 or 4 months added to the process time if done from within the States because of the diplomatic missions overhead.

I agree with missmini, the kids should be able to enter Canada as US citizens, I'd only worry that the border agent doesnt make an issue that they're not being accompanied by the other parent, but i guess you'll take care of that as well.

 

[chelley]

get their US passports... might be hard to get across without that, they're pretty strict on that!

I brought my daughter across as a US citizen and applied for her citizenship later... i believe i told them that was the case (mind you i was the citizen)... might want to get a copy of their mother's citizenship papers if you plan on telling them that they will be staying. otherwise you can just bend the truth and say they are visiting for a few days/weeks or something?

still best not to attempt without passports

 

[callcanada]

I definitely don't want to bend the truth....too much risk in doing that. I can't even get them US passports yet because I am still waiting for their mother to send me the consent forms.

get their US passports... might be hard to get across without that, they're pretty strict on that!

I brought my daughter across as a US citizen and applied for her citizenship later... i believe i told them that was the case (mind you i was the citizen)... might want to get a copy of their mother's citizenship papers if you plan on telling them that they will be staying. otherwise you can just bend the truth and say they are visiting for a few days/weeks or something?

still best not to attempt without passports

 

[BT1975]

My 13 and 14 year old children were born in the USA to a US citizen (me) and a British-born naturalized Canadian Citizen (their mother). They have lived all their lives in the US. Their mother has moved to Manitoba and they will be moving to Manitoba with her in 4 weeks. I will be transporting them across a land border into Ontario to fly to Winnipeg. Their birth certificates do not reference Canada at all, but their mother states that the only documentation I will need at the border is their birth certificates and our divorce decree, which states that she has permission to move them to Canada.

When I tell the border agent they are Immigrating to Canada, will they be allowed entrance?

Thank you!

Hi there If American citizens are still able to visit Canada with only a birth certificate and not a passport, then you can all enter Canada but the kids can only stay as visitors. You cannot tell the border agent that those kids are moving to Canada permanently because technically they have no rights to do so unless they can prove citizenship. In order for the kids to be allowed to permanently reside in Canada they must obtain their citizenship certificates, which take approx 12 months to receive after application. Once they have their citizenship certificates they can apply for their Canadian passports. I'm not sure how long those take to process because it depends on the office. Am not allowed to post the link, but you can Google "Canada, citizenship certificate" Good luck with everything.

 

[callcanada]

Thanks for your thoughts!....it seems clear that their mom needs to apply for their citizenship certificates, because I will not lie to the border guards. Besides it being unethical, I would risk whatever consequences come from lying at the border.

Hi there If American citizens are still able to visit Canada with only a birth certificate and not a passport, then you can all enter Canada but the kids can only stay as visitors. You cannot tell the border agent that those kids are moving to Canada permanently because technically they have no rights to do so unless they can prove citizenship. In order for the kids to be allowed to permanently reside in Canada they must obtain their citizenship certificates, which take approx 12 months to receive after application. Once they have their citizenship certificates they can apply for their Canadian passports. I'm not sure how long those take to process because it depends on the office. Am not allowed to post the link, but you can Google "Canada, citizenship certificate" Good luck with everything.

 

[can_usa_97]

I got my kids in 2 weeks back in July of 2010.

I submitted the paper work and indicated we had begun my PR process and that it was important to their healthcare needs that we not be without their paperwork so they could legally begin the waiting period for the OHIP cards when we did move and indicated we'd expected to move in October or November of 2010. I have no idea what the healthcare is like in Manitoba - being if there is a wait... but it worked for us.
\

 

[missmini]

just a thought: r they really immigrating? for me that word is for non-citizens but they will b citizens in a few months....just need a litle of paperwork...i would say that they just move to Canada to b with their mom