Legal guardian applying for minor children citizenship

[manpreetgr8]

Hi

We recently obtained Canadian permanent residency, however, due to a family emergency I had to return to my home country. My children (both of them are minor) are staying with my brother in Canada (who is their legal guardian) as we didn't want to disrupt their schooling.

Can my brother apply for citizenship of my children once they complete the required duration of stay in Canada? Or do I as a parent have to be in Canada for them to become eligible for citizenship?

Would appreciate any help.

Thanks!

 

[Buletruck]

It’s a few years away, but

Minor children must:

• be under 18 years of age at the time of the application;
• be a permanent resident of Canada;
• 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 the child (applying together as a family). Note: legally adopted is not the same as having custody, guardianship or being the step-parent of a child

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0003-application-canadian-citizenship-minors-under-18-years.html

 

[canuck78]

Wonder if it needs to be a formal guardianship. This is a temporary guardianship situation and the parents still have rights when it comes to the child. Normally one parent can remain with the children or parents leave for a few months for an emergency.

 

[zardoz]

Hi

We recently obtained Canadian permanent residency, however, due to a family emergency I had to return to my home country. My children (both of them are minor) are staying with my brother in Canada (who is their legal guardian) as we didn't want to disrupt their schooling.

Can my brother apply for citizenship of my children once they complete the required duration of stay in Canada? Or do I as a parent have to be in Canada for them to become eligible for citizenship?

Would appreciate any help.

Thanks!

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/citizenship-minors-subsection-5-11.html
This is the applicable Web link for this specific situation.

This application under subsection 5(1) is intended for minors (under 18) who are permanent residents and:

• do not have a parent applying for citizenship at the same time as them, or
• do not already have a Canadian parent.

This application must be made by a person who has custody of the minor or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law. The authorized person applying on behalf of the minor does not have to be a Canadian citizen.

 

[canuck78]

Something is strange about this situation. You don't leave your minor children in a new country and make plans for 3 years down the road which would mean you aren't coming back.