Unusual temporary situation - advice wanted

[Sailing Life]

Just a guy with a very particular upcoming situation. As I've browsed trough the forum prior to joining, I've not found anything that's helped me. I'm hoping to find some very resourceful people who will guide me.

I guess there's no harm in giving a head\'s up here until I find the appropriate subject to post in.

My current g/f is in the US. Though born abroad, I arrived in Canada and am a Canadian citizen and resident. I also have dual citizenship with France.

My g/f and I want to be together in Canada. Where my situation differs is that within 10 to 14 months (give or take) we want to set sail and travel the world, while living on our boat. In all honesty we don't have the desire (at this time) to ever settle back down on land in Canada or in the US.

The initial concern, is how to have her and I stay together legally in Canada until our casting off day?


For reference, here's a list of our future goals and concerns:

We do plan on getting married. We would want it to be on one of our countless eventual destination (some tropical paradise beach).

We do plan on having children (God only knows where they will be born).

She does want our children to gain their American citizenship.

I don't have concerns (at this time) about our children's Canadian citizenship, but would still like to know about it (for their own futures or in the event we ever would settle back in Canada).

As afore mentioned, I will post this in the forum. I am open to all input.

 

[rjessome]

Just a guy with a very particular upcoming situation. As I've browsed trough the forum prior to joining, I've not found anything that's helped me. I'm hoping to find some very resourceful people who will guide me.

I guess there's no harm in giving a head\'s up here until I find the appropriate subject to post in.

My current g/f is in the US. Though born abroad, I arrived in Canada and am a Canadian citizen and resident. I also have dual citizenship with France.

My g/f and I want to be together in Canada. Where my situation differs is that within 10 to 14 months (give or take) we want to set sail and travel the world, while living on our boat. In all honesty we don't have the desire (at this time) to ever settle back down on land in Canada or in the US.

The initial concern, is how to have her and I stay together legally in Canada until our casting off day?


For reference, here's a list of our future goals and concerns:

We do plan on getting married. We would want it to be on one of our countless eventual destination (some tropical paradise beach).

We do plan on having children (God only knows where they will be born).

She does want our children to gain their American citizenship.

I don't have concerns (at this time) about our children's Canadian citizenship, but would still like to know about it (for their own futures or in the event we ever would settle back in Canada).

As afore mentioned, I will post this in the forum. I am open to all input.

Sounds fun!

Ok, if you want her to come to Canada to stay with you while you are waiting to sail, she could come as a visitor initially and apply to extend her visitor's permit prior to expiration. That would be the easiest way if it doesn't matter to you if she is able to work because visitor's can't work. If she did want to work, she might look into SWAP. Check this link to see if she qualifies. http://www.swap.ca/in_eng/us_index.aspx

I can't comment on the whether future children would inherit the US citizenship but I can tell you that unless your children are born in Canada, they will not inherit your Canadian citizenship as you were not born in Canada. You would have to sponsor them to become permanent residents when/if you decided to settle in Canada. You would also have to sponsor your future wife!

 

[missmini]

I can tell you that unless your children are born in Canada, they will not inherit your Canadian citizenship as you were not born in Canada. You would have to sponsor them to become permanent residents when/if you decided to settle in Canada. You would also have to sponsor your future wife!

sorry to spam ur post, but wooow, this is a priceless information; thaaaaank u i always thought that if u r Canadian citizen then ur children will automatically be (even if they r born outside): i never thought it matters if the Canadian citizen is born in Canada or not: is this something new in their law or it has been like this since always?

as for ur situation, it's easy to visit from/to Canada or US and not uncommon; considering ur future sailing plans (very nice) there's no need to sponsor her for now; once ur fun trip ends and u want to settle, u could think abt sponsorship

 

[TracyS]

Hmmm...this is interesting as we have a similar situation with our child. My husband was born in Northern Ireland, moved to Canada when he was 4 weeks old and was naturalized in 1980. He moved to Australia in 1997, met me and we married. Our son was born in Australia. We have just applied for our son's citizenship papers and have just received his temporary validity Canadian passport which we can use until he receives his proof of citizenship.

 

[rjessome]

Ok, I'm wrong. I just re-read the new Citizenship rules.

A child born outside of Canada to a Canadian parent who was born in Canada or is a naturalized Canadian citizen (means immigrated to Canada and then was granted Canadian citizenship) will be a Canadian citizen by decent. However, if the parent received Canadian citizenship by decent, the child is not a Canadian citizen.

So if you are a Canadian citizen by birth or naturalization, you can pass on your Canadian citizenship to your children born outside of Canada. They will be Canadian citizens "by decent". However, any children they have outside of Canada will NOT be Canadian citizens.

Scenario 1: Mary was born in the US. She immigrated to Canada and later became a Canadian citizen. She gives birth to a child outside of Canada. That child is a Canadian citizen by decent. (first generation)

Scenario 2: Joe's paternal grandmother was a Canadian citizen by birth. Joe's father was born outside of Canada but became a Canadian citizen by decent because his mother was a citizen by birth. Joe was born outside of Canada. He is NOT a Canadian citizen because his father is a citizen by decent. (second generation)

Sorry for the confusion.

 

[missmini]

Ok, I'm wrong. I just re-read the new Citizenship rules.

A child born outside of Canada to a Canadian parent who was born in Canada or is a naturalized Canadian citizen (means immigrated to Canada and then was granted Canadian citizenship) will be a Canadian citizen by decent. However, if the parent received Canadian citizenship by decent, the child is not a Canadian citizen.

So if you are a Canadian citizen by birth or naturalization, you can pass on your Canadian citizenship to your children born outside of Canada. They will be Canadian citizens "by decent". However, any children they have outside of Canada will NOT be Canadian citizens.

Scenario 1: Mary was born in the US. She immigrated to Canada and later became a Canadian citizen. She gives birth to a child outside of Canada. That child is a Canadian citizen by decent. (first generation)

Scenario 2: Joe's paternal grandmother was a Canadian citizen by birth. Joe's father was born outside of Canada but became a Canadian citizen by decent because his mother was a citizen by birth. Joe was born outside of Canada. He is NOT a Canadian citizen because his father is a citizen by decent. (second generation)

Sorry for the confusion.

no problem...thanks for the clarification...i was a little freaked out yesterday, thinking what if something unplanned happens being outside Canada what the hell would i do ???

by the way, from what i read recently about the Immigration laws, this is very new: the 2nd generation by decent cannot be Canadian citizens anymore; they tend to change these laws very often so it's good to check their site and be updated from time to time

 

[doctorkb]

I posted this reply to your (OP) post earlier on Road To Canada forums.

My wife and I have similar overseas intentions.

That said, we are in Canada until at least May as I work to finish up my MBA.

Our thought on the process is that, even if we want to be overseas, we should have a common citizenship -- whether that be Canadian or American is of little concern, but the current circumstance lends itself more to the Canadian side.

Our reason for wanting this common citizenship has to do with the possibility that we need consular assistance, especially if it was because of civil unrest. I'd REALLY hate to have to drop my wife off at the US Embassy and say "here you go -- hope to see you on the other side" then find my way to the Canadian one.

The issue of citizenship for your children should be moot -- both the US and Canada have procedures for filing a "declaration of birth abroad" that immediately affords the infant citizenship, from what I understand.

As for your question -- how to have her there legally. It seems, from what I can glean about inland applications, that it might be your best option. If you can get her into Canada on a visitor visa, there's something about "implied status" that comes with an inland application, though I don't understand what it is -- it could mean an indefinite extension to the visitor visa as long as she stays in the country. I'd suggest researching that.