+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

The child was born outside of Canada to a Canadian citizen. Can the child apply for PR?

Parrot

Newbie
Dec 30, 2023
6
2
When my child was born outside of Canada, I was a Canadian citizen. My wife is not a Canadian citizen or permanent resident. My wife and I do not want the child to apply for Canadian citizenship. Therefore, can I sponsor my child to become a permanent resident of Canada?
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
When my child was born outside of Canada, I was a Canadian citizen. My wife is not a Canadian citizen or permanent resident. My wife and I do not want the child to apply for Canadian citizenship. Therefore, can I sponsor my child to become a permanent resident of Canada?
No they are automatically a citizen
 

Parrot

Newbie
Dec 30, 2023
6
2
I don't think I can apply for my child's permaent residence, but my wife doesn't believe it. Where can I find the immigration law to prove it and show her? Thanks.
 

armoured

VIP Member
Feb 1, 2015
15,466
7,876
I don't think I can apply for my child's permaent residence, but my wife doesn't believe it. Where can I find the immigration law to prove it and show her? Thanks.
When you apply to sponsor child for PR, you'll have to show parentage. Which will demonstrate the child was born to a Canadian and therefore a citizen. And will therefore be refused.

Why not just apply for the proof of citizenship and passport? It's the child's right.
 

foodie69

Champion Member
Dec 18, 2015
2,906
869
When my child was born outside of Canada, I was a Canadian citizen. My wife is not a Canadian citizen or permanent resident. My wife and I do not want the child to apply for Canadian citizenship. Therefore, can I sponsor my child to become a permanent resident of Canada?
What a selfish thought, taking a child's birthright. Your child is a Canadian citizen and will therefore never be a permanent resident.
 

Parrot

Newbie
Dec 30, 2023
6
2
Yes, I totally agree with all of you. The child was born in Japan. However, my wife is a Japanese. In Japan they don't accept dual citizenship. If the child becomes a Canadian citizen, the child will lose Japanese citizenship. My wife wants the child to study in Japan for a few years. Without citizenship status in Japan, it is not convenient to study and live in Japan。
 

foodie69

Champion Member
Dec 18, 2015
2,906
869
Yes, I totally agree with all of you. The child was born in Japan. However, my wife is a Japanese. In Japan they don't accept dual citizenship. If the child becomes a Canadian citizen, the child will lose Japanese citizenship. My wife wants the child to study in Japan for a few years. Without citizenship status in Japan, it is not
convenient to study and live in Japan。
Bloody hell.. that's a tough one. Good luck. Keep the kid's future in mind.
 
  • Like
Reactions: Temidayo_

armoured

VIP Member
Feb 1, 2015
15,466
7,876
Yes, I totally agree with all of you. The child was born in Japan. However, my wife is a Japanese. In Japan they don't accept dual citizenship. If the child becomes a Canadian citizen, the child will lose Japanese citizenship. My wife wants the child to study in Japan for a few years. Without citizenship status in Japan, it is not convenient to study and live in Japan。
That's rough. I don't know the Japanese citizenship statutes well but think the Canadian citizenship would be considered involuntary acquisition (the child has no choice in it), and therefor allowed until age 22 or so.

I'd presume there are other aspects as well (including individuals ignoring the law) but won't pretend to know more than I do.

Note also Canada has no requirement that a citizen born abroad apply for it nor get a passport - i.e. it could be done much later - but travelling to Canada might be complicated or impractical, as they generally require citizens to travel on Canadian docs (but would they know?). (A somewhat separate topic).
 
  • Like
Reactions: canuck78

Parrot

Newbie
Dec 30, 2023
6
2
Yes. The child needs to travel to Canada with ETA now, but he cannot study legally in Canada and needs to pay international student tuition fee in Canada now. He will go to kindergarten for one year in Canada now and return to Japan to study at the elementary school. That's why my wife wants to secure benefits for our child in both countries. However, we can't have the best of both worlds; it's an either-or situation. I'll persuade my wife to have our child apply for Canadian citizenship.

That's rough. I don't know the Japanese citizenship statutes well but think the Canadian citizenship would be considered involuntary acquisition (the child has no choice in it), and therefor allowed until age 22 or so.

I'd presume there are other aspects as well (including individuals ignoring the law) but won't pretend to know more than I do.

Note also Canada has no requirement that a citizen born abroad apply for it nor get a passport - i.e. it could be done much later - but travelling to Canada might be complicated or impractical, as they generally require citizens to travel on Canadian docs (but would they know?). (A somewhat separate topic).
 

armoured

VIP Member
Feb 1, 2015
15,466
7,876
Yes. The child needs to travel to Canada with ETA now, but he cannot study legally in Canada and needs to pay international student tuition fee in Canada now. He will go to kindergarten for one year in Canada now and return to Japan to study at the elementary school. That's why my wife wants to secure benefits for our child in both countries. However, we can't have the best of both worlds; it's an either-or situation. I'll persuade my wife to have our child apply for Canadian citizenship.
My understanding is the child can have both citizenships until the age of 22, at which point must decide. (Again only as far as Japan is concerned)

While schools and school boards can vary in how strict they are, my guess is that most would not enforce intl student rates if parents make good faith attempt to show the child has one Canadian parent (and possibly show they've applied for the certificate of citizenship).

Oh - hard to sauy whether the child will have trouble getting ETA or be 'sussed out' as Canadian at the border. My guess is the CBSA officers might say something if they figure it out but otherwise not be too fussed about it. But really only a guess.
 
  • Like
Reactions: Simba112

Simba112

VIP Member
Mar 25, 2021
4,358
1,580
Yes. The child needs to travel to Canada with ETA now, but he cannot study legally in Canada and needs to pay international student tuition fee in Canada now. He will go to kindergarten for one year in Canada now and return to Japan to study at the elementary school. That's why my wife wants to secure benefits for our child in both countries. However, we can't have the best of both worlds; it's an either-or situation. I'll persuade my wife to have our child apply for Canadian citizenship.
Your child needs Canadian Passport to travel to Canada not ETA. On ETA application on Applicant Particulars, there is a question asking about any other citizenship. He is dual Citizen until age of 22yrs, if he chose to give up one ( Japanese requirement )...
 
  • Like
Reactions: canuck78

Parrot

Newbie
Dec 30, 2023
6
2
Thank you for your advice. I just checked the law again and found out that Japan typically does not recognize dual citizenship for adults. Japanese law generally requires individuals to choose one nationality by the age of 22 if they hold multiple citizenships acquired at birth. If someone does not make a choice by that age, they may be asked to renounce one citizenship.

The child has approved ETA and he is currently in Canada as a visitor now. The Toronto District School Board is currently closed due to the New Year holiday, and we're unable to reach them for inquiries. If we still need proof that our child has applied for citizenship certificate, we'll have to proceed with the citizenship application for our child first.


My understanding is the child can have both citizenships until the age of 22, at which point must decide. (Again only as far as Japan is concerned)

While schools and school boards can vary in how strict they are, my guess is that most would not enforce intl student rates if parents make good faith attempt to show the child has one Canadian parent (and possibly show they've applied for the certificate of citizenship).

Oh - hard to sauy whether the child will have trouble getting ETA or be 'sussed out' as Canadian at the border. My guess is the CBSA officers might say something if they figure it out but otherwise not be too fussed about it.
 

Simba112

VIP Member
Mar 25, 2021
4,358
1,580
Thank you for your advice. I just checked the law again and found out that Japan typically does not recognize dual citizenship for adults. Japanese law generally requires individuals to choose one nationality by the age of 22 if they hold multiple citizenships acquired at birth. If someone does not make a choice by that age, they may be asked to renounce one citizenship.

The child has approved ETA and he is currently in Canada as a visitor now. The Toronto District School Board is currently closed due to the New Year holiday, and we're unable to reach them for inquiries. If we still need proof that our child has applied for citizenship certificate, we'll have to proceed with the citizenship application for our child first.
I guess the only way ETA was approved is because you did not indicate your child is Canadian Citizen...
 

Parrot

Newbie
Dec 30, 2023
6
2
Yes, because the child hasn't applied for Canadian citizenship certificate yet. He doesn't have the certificate to get a Canadian passport.

I guess the only way ETA was approved is because you did not indicate your child is Canadian Citizen...