Proof of citizenship before family sponsorship?

[ms87]

I am looking to place an application for family sponsorship (spouse and dependent child) from Finland. I am a Canadian citizen but was born outside Canada.

From my understanding of the citizenship by birth guidelines, my child does not get Canadian citizenship because his parents (me) were also born outside Canada. Weird case, since I've lived in Canada for 20 years, but not the point for this discussion.

From the family sponsorship application guideline I understood it to say that I need to apply for proof of Canadian citizenship for my son prior to family sponsorship application. "If you don't have proof of Canadian citizenship for your child who was born outside Canada, you need to apply for a proof of citizenship to confirm whether your child is a Canadian citizen." The processing time for citizenship application is 6+ months. Question is, can I apply for family sponsorship while the other application is ongoing or must I wait for the verdict from first application? Or have I misunderstood the family sponsorship guideline completely?

Any help is greatly appreciated.

-MS

 

[steaky]

If you are a naturalized Canadian citizen, then your child would be Canadian citizen. In any case, you need to sort it out first before sponsoring your spouse for immigration.

 

[canuck_in_uk]

I am looking to place an application for family sponsorship (spouse and dependent child) from Finland. I am a Canadian citizen but was born outside Canada.

From my understanding of the citizenship by birth guidelines, my child does not get Canadian citizenship because his parents (me) were also born outside Canada. Weird case, since I've lived in Canada for 20 years, but not the point for this discussion.

From the family sponsorship application guideline I understood it to say that I need to apply for proof of Canadian citizenship for my son prior to family sponsorship application. "If you don't have proof of Canadian citizenship for your child who was born outside Canada, you need to apply for a proof of citizenship to confirm whether your child is a Canadian citizen." The processing time for citizenship application is 6+ months. Question is, can I apply for family sponsorship while the other application is ongoing or must I wait for the verdict from first application? Or have I misunderstood the family sponsorship guideline completely?

Any help is greatly appreciated.

-MS

If you were born outside of Canada to Canadian parents and your child was born after April 2009, he is not a Canadian citizen, so you can't apply for proof of citizenship. He needs to be included as a dependent in the sponsorship application with your spouse and become a PR. Because you are already Canadian, once he lands as a PR, you can immediately apply for a grant of citizenship for him.

If you are a naturalized Canadian and obtained that citizenship prior to your child's birth, he is Canadian and you can apply for the Certificate of Citizenship. You do not need to wait for that app to apply to sponsor your spouse.

 

[Wakki]

I am looking to place an application for family sponsorship (spouse and dependent child) from Finland. I am a Canadian citizen but was born outside Canada.

From my understanding of the citizenship by birth guidelines, my child does not get Canadian citizenship because his parents (me) were also born outside Canada. Weird case, since I've lived in Canada for 20 years, but not the point for this discussion.

From the family sponsorship application guideline I understood it to say that I need to apply for proof of Canadian citizenship for my son prior to family sponsorship application. "If you don't have proof of Canadian citizenship for your child who was born outside Canada, you need to apply for a proof of citizenship to confirm whether your child is a Canadian citizen." The processing time for citizenship application is 6+ months. Question is, can I apply for family sponsorship while the other application is ongoing or must I wait for the verdict from first application? Or have I misunderstood the family sponsorship guideline completely?

Any help is greatly appreciated.

-MS

Were you born to a Canadian citizen outside Canada OR born outside Canada, landed as a PR and later became citizen by naturalization.

(1)
If you were born to a Canadian parent outside Canada, your child born outside Canada will be a 2nd generation born outside Canada and not a Canadian citizen but is eligible to be sponsored as PR to Canada.
If this is the case, you should sponsor your wife and child as PR to Canada........they could later become citizen by naturalization........your child is not a citizen and no need to apply for proof of citizenship.

(2)
If you were born outside Canada, landed as a PR and later became citizen by naturalization, your child born outside Canada is a 1st generation born outside Canada, and is a Canadian citizen.........so could apply for proof of citizenship.
If this is the case, you could apply to sponsor your spouse (and any non Canadian citizen dependants) and also send the application for proof of citizenship for your child born outside Canada to you the Canadian parent.
The Spousal Sponsorship and Proof of Canadian Citizenship applications are processed at different offices and could be sent at same time.

(3)
if you are Foreign born adopted by a Canadian parent, and became citizenship by
Grant AND your new baby was born outside Canada......Your newborn is a second generation born outside Canada and is not a Canadian Citizen.

(4)
If you are foreign born and your adoptive parents sponsored you to immigrate to Canada as a PR and later applied to become a Canadian citizen by naturalization……the first generation limit to citizenship rule won’t apply…and your new baby born outside Canada is a Canadian Citizen.

 

[ms87]

Were you born to a Canadian citizen outside Canada OR born outside Canada, landed as a PR and later became citizen by naturalization.

(1)
If you were born to a Canadian parent outside Canada, your child born outside Canada will be a 2nd generation born outside Canada and not a Canadian citizen but is eligible to be sponsored as PR to Canada.
If this is the case, you should sponsor your wife and child as PR to Canada........they could later become citizen by naturalization........your child is not a citizen and no need to apply for proof of citizenship.

(2)
If you were born outside Canada, landed as a PR and later became citizen by naturalization, your child born outside Canada is a 1st generation born outside Canada, and is a Canadian citizen.........so could apply for proof of citizenship.
If this is the case, you could apply to sponsor your spouse (and any non Canadian citizen dependants) and also send the application for proof of citizenship for your child born outside Canada to you the Canadian parent.
The Spousal Sponsorship and Proof of Canadian Citizenship applications are processed at different offices and could be sent at same time.

I am case (1). Born to Canadian parents outside Canada. I agree with the assessment that my son is not Canadian citizen. My issue is when reading the application guide is that it states...

• If you don’t have proof of Canadian citizenship for your child who was born outside Canada, you need to apply for a proof of citizenship to confirm whether your child is a Canadian citizen.
• If it is confirmed that your child is a Canadian citizen, you’ll be able to apply for your child’s Canadian passport.
• If your child is not a Canadian citizen, you’ll need to add them as a dependant on the sponsorship undertaking signed for your spouse or partner.

Do they need an official record/application result that he is not a citizen or is it enough if I make the judgement call that he does not fit the criteria. My fear is that I apply for family sponsorship and they come back with the response you need to apply for proof of citizenship to CONFIRM that he is not a citizen.

 

[Wakki]

I am case (1). Born to Canadian parents outside Canada. I agree with the assessment that my son is not Canadian citizen. My issue is when reading the application guide is that it states...
Do they need an official record/application result that he is not a citizen or is it enough if I make the judgement call that he does not fit the criteria. My fear is that I apply for family sponsorship and they come back with the response you need to apply for proof of citizenship to CONFIRM that he is not a citizen.

I really do not see why that would be a problem if you agree with the assessment that your child is not a Canadian citizen.

Refer - Amendments to the Citizenship Act limit citizenship by descent:
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/improvements/act-changes-2009-2015.html

IRCC does not need any official record/application result that he is not a citizen and its enough if you make the judgement call.

You could include a note in your spousal sponsor application package to explain your Citizenship assessment for your child born outside Canada if you like to explain why you did not apply for proof of citizenship. This wouldn't change the facts.....and if IRCC need the proof, which i know they will never do, they will contact you.......so in my opinion you have nothing to fear....

Your spousal sponsorship application will be assessed based on you the sponsor, the principal applicant your wife and the your marriage and will not be rejected because of your child.........it takes 10 to 12 months to complete the process, so the earlier you apply the better.

See if you may be a citizen:
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html

I can understand based on the details posted for Children born to Canadian citizens on the IRCC guide and site below, why you have your fear.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-basic-guide-sponsor-your-spouse-partner-child.html

Children born to Canadian citizens:

• If you’re a Canadian citizen who is sponsoring a spouse or partner, and you have a child together, your child may be a Canadian citizen, even if they were not born in Canada.
• A Canadian citizen is not eligible to be sponsored.
• If you don’t have proof of Canadian citizenship for your child who was born outside Canada, you need to apply for a proof of citizenship to confirm whether your child is a Canadian citizen.
• If your child is not a Canadian citizen, you’ll need to add them as a dependant on the sponsorship undertaking signed for your spouse or partner.

Important: If you’ve submitted an application for proof of citizenship for your child, and it hasn’t been finalized, you must provide details in a letter and include it as part of your application so that we can check the status.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1365&top=14

Its up to you if you want to apply for the proof of citizenship (5 months to complete) and send the spousal sponsorship application at the same time (10 to 12 months to complete) since the are two different applications processed separately. If the application for proof of citizenship is refused, you leave your child as a dependant in the spousal sponsorship, and if the proof of citizenship is approved, you exclude your child as a dependant in the spousal sponsorship......

Please check the facts.

 

[canuck_in_uk]

Do they need an official record/application result that he is not a citizen or is it enough if I make the judgement call that he does not fit the criteria. My fear is that I apply for family sponsorship and they come back with the response you need to apply for proof of citizenship to CONFIRM that he is not a citizen.

You do not need to officially confirm he is not a citizen before submitting the sponsorship app.