Help required for Child born to PR parents outside of Canada

[waleedkhan]

Hello Everyone,

MY wife and I are both Permanent Residents and our new born is also a Permanent Resident. Our child was born outside of Canada. The child is around 6 months old so was just wondering that can I apply for my child's citizenship without the 3 or 4 years physical presence requirement? Any help would be highly appreciated.

Thanks

 

[dpenabill]

Hello Everyone,

MY wife and I are both Permanent Residents and our new born is also a Permanent Resident. Our child was born outside of Canada. The child is around 6 months old so was just wondering that can I apply for my child's citizenship without the 3 or 4 years physical presence requirement? Any help would be highly appreciated.

Thanks

At least one parent must be a citizen, or making an application for citizenship, for a minor-dependent PR to be eligible for citizenship. Thus, if both parents are PRs, one must make an application for citizenship and must meet the current requirements, which right now is the 4/6 rule, for an application including a minor-dependent to succeed.

You indicate your child is a PR even though only six months old and born outside Canada. The child's PR status is of course one of the citizenship eligibility requirements.

Just to be sure, remember that a child born outside Canada does not automatically have status in Canada unless, at the time of the child's birth, one of the parents is a citizen who was either born in Canada or naturalized. In particular, a child born outside Canada to PR parents will not have PR status unless and until a sponsorship application is made and the child is formally granted PR status (I assume this has been done, but there have been others who failed to realize this, so I mention this to be sure you are aware of it). Or, if the child was born before you became PRs and landed with you as a dependent, then of course the child has PR status as well.

 

[waleedkhan]

Thanks for your reply. I kept the story short but my child is a PR as the child was sponsored and is living in Canada. I was under the impression that if the child is below a certain age, a permanent resident and dependant then the 4/6 physical presence requirement is waived off because I excerpts from this forum regarding the same discussion but they are from 2012 and 2013.

 

[screech339]

Thanks for your reply. I kept the story short but my child is a PR as the child was sponsored and is living in Canada. I was under the impression that if the child is below a certain age, a permanent resident and dependant then the 4/6 physical presence requirement is waived off because I excerpts from this forum regarding the same discussion but they are from 2012 and 2013.

The child does not need to meet the 4/6 rule if one of the parents has canadian citizenship.

Otherwise, the PR child must meet the 4/6 rule to qualify for citizenship.

 

[dpenabill]

Thanks for your reply. I kept the story short but my child is a PR as the child was sponsored and is living in Canada. I was under the impression that if the child is below a certain age, a permanent resident and dependant then the 4/6 physical presence requirement is waived off because I excerpts from this forum regarding the same discussion but they are from 2012 and 2013.

I believe that is correct, that the child does not personally need to meet the presence requirements.

But at least one parent must be a citizen. Otherwise, an application can be made for the child together with an application for citizenship for one of the parents, but for the child to become a citizen the parent must qualify and also become a citizen.

The eligibility information provided by IRCC states it this way: "one parent must be a Canadian citizen or apply to become a citizen at the same time"

see http://www.cic.gc.ca/english/citizenship/become-eligibility.asp

And indeed, rely primarily on the formal information IRCC provides online for most information.

Thus, while a child of PR parents does not need to meet the presence requirement, at least one parent must and must also otherwise meet the other qualifications for citizenship, and actually become a citizen together with the child.

 

[waleedkhan]

I think I missed some points. I will be applying for citizenship shortly. So according to CIC

Age requirement

To apply for citizenship for a child under 18:

one parent must be a Canadian citizen or apply to become a citizen at the same time (this also applies to adoptive parents).

Time you have lived in Canada:

You must have been physically present in Canada as a permanent resident for at least 1,460 days during the six years immediately before the date of your application. You must also be physically present for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of application. These requirements do not apply to children under 18.

 

[dpenabill]

I think I missed some points. I will be applying for citizenship shortly. So according to CIC

Age requirement

To apply for citizenship for a child under 18:

one parent must be a Canadian citizen or apply to become a citizen at the same time (this also applies to adoptive parents).

Time you have lived in Canada:

You must have been physically present in Canada as a permanent resident for at least 1,460 days during the six years immediately before the date of your application. You must also be physically present for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of application. These requirements do not apply to children under 18.

Again, correct, the child does not need to personally meet the presence requirements. However, at least one parent must be eligible to become a citizen at the same time, so at least one parent must meet the 4/6 rule and the 183X4CY rule, under current law, for the child to become a citizen.

 

[waleedkhan]

Thanks for confirming my research.