Wanted to Apply for Citizenship of daughter along with me who is a PR staying outside Canada

[amar_scorpio]

Hi Experts,

I would be applying for Citizenship of my daughter along with me in few months. She landed as PR in Sep 2021 and her PR card is valid till 2026 , however she wend back to home country after stating for just around 4 months.

Can I apply for her Citizenship along with me while she is outside Canada in this case, are there any other things I need to consider.

Appreciate everyone help here.

Thanks
AS

 

[NzKhn]

Your daughter cannot apply for citizenship unless she has lived in Canada for 1095 days or 3 years out of the 5 years that her PR is valid for

Please read the eligibility criteria outlined here: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility.html carefully - one of the MAIN criteria is your Physical Presence in Canada for 1095 days

 

[aamool]

Your daughter cannot apply for citizenship unless she has lived in Canada for 1095 days or 3 years out of the 5 years that her PR is valid for

Please read the eligibility criteria outlined here: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility.html carefully - one of the MAIN criteria is your Physical Presence in Canada for 1095 days

This is generally true. If the child is a minor and applying for citizenship at the same time as a parent, the physical presence requirement is waived:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/minors-applying-citizenship.pdf

 

[wink]

This is generally true. If the child is a minor and applying for citizenship at the same time as a parent, the physical presence requirement is waived:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/minors-applying-citizenship.pdf

I would think she should be here in Canada at least at the time of applying. But it's just my guess and don't have any prior case to site.

 

[armoured]

This is generally true. If the child is a minor and applying for citizenship at the same time as a parent, the physical presence requirement is waived:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/minors-applying-citizenship.pdf

The physical presence requirement is waived, but I don't believe the requirement to be in compliance with the residency obligation is. So the issue would be not that the child has not met the 1095 days, but that the child has been OUT of Canada more than 1095 days in the last five years (or since landing) [or if you prefer that the child has not resided at least 730 days in last five years].

Not 100% certain though.

I would think she should be here in Canada at least at the time of applying. But it's just my guess and don't have any prior case to site.

It's a good question and while i'd tend to agree, I don't know for sure.

 

[akbardxb]

I would think she should be here in Canada at least at the time of applying. But it's just my guess and don't have any prior case to site.

It's not guess, but a certainty. There is no way to end the 'last absence from Canada' without being in Canada.

 

[wink]

The physical presence requirement is waived, but I don't believe the requirement to be in compliance with the residency obligation is. So the issue would be not that the child has not met the 1095 days, but that the child has been OUT of Canada more than 1095 days in the last five years (or since landing) [or if you prefer that the child has not resided at least 730 days in last five years].

Not 100% certain though.

Okay, that means her residency status itself might be in question.

 

[armoured]

Okay, that means her residency status itself might be in question.

Yes.

 

[gui0506]

It's not guess, but a certainty. There is no way to end the 'last absence from Canada' without being in Canada.

What if the OP's daughter goes back to Canada just for a week to submit the application? Would that work?

 

[aamool]

The physical presence requirement is waived, but I don't believe the requirement to be in compliance with the residency obligation is. So the issue would be not that the child has not met the 1095 days, but that the child has been OUT of Canada more than 1095 days in the last five years (or since landing) [or if you prefer that the child has not resided at least 730 days in last five years].

While it's a fair point about the residency obligation, with a landing in 2021 there is still the theoretical possibility to get to 2 years before 2026. The 1095 days out of Canada will only be reached in January 2025 if my math serves.

From the practical perspective, I see no reason why the OP should not make an application for the child. Fill out all the information truthfully so there is no possibility of misrepresentation and the associated problems. In the worst case, the application gets denied, but does not change much (child remains a PR). On the other hand, the relaxation of the residency obligation only works when applying with a parent, so not applying means this option is lost.

 

[Seym]

On the other hand, the relaxation of the residency obligation only works when applying with a parent, so not applying means this option is lost.

It also works when the parent is a citizen. So it's only lost when the kid is 18

 

[armoured]

While it's a fair point about the residency obligation, with a landing in 2021 there is still the theoretical possibility to get to 2 years before 2026. The 1095 days out of Canada will only be reached in January 2025 if my math serves.

I was only going by the OP's statement that the child is not in compliance. If the child is in compliance, strike that concern.

From the practical perspective, I see no reason why the OP should not make an application for the child. Fill out all the information truthfully so there is no possibility of misrepresentation and the associated problems. In the worst case, the application gets denied, but does not change much (child remains a PR).

There is the potential concern that applying would cause IRCC to review residency obligation compliance and start processes related to revoking (if child is not in compliance).

I have no idea whether IRCC would do this, and I doubt that this is high on their priority list, esp for minors well below 18 and who have cards that are still valid, etc. But this is only guessing.

On the other hand, the relaxation of the residency obligation only works when applying with a parent, so not applying means this option is lost.

As I think someone else pointed out, not true - any citizen-parent can apply for citizenship for minor child with no waiting period and no residency test to be met, ie. starting process soon after the child becomes a PR - or as soon as the parent becomes a citizen.

Obviously this would mean starting a new applciation process, but from personal experience, applying for citizenship for a child-PR and citizen-parent takes something like 4-8 months (no tests, security clearances presumably quick, etc).

 

[aamool]

As @Seym and @armoured pointed out, the exception for residency for minors applies both when a parent is applying for citizenship and already a citizen. My dim brain didn't realize that the applying parent would ultimately become a citizen

 

[amar_scorpio]

The physical presence requirement is waived, but I don't believe the requirement to be in compliance with the residency obligation is. So the issue would be not that the child has not met the 1095 days, but that the child has been OUT of Canada more than 1095 days in the last five years (or since landing) [or if you prefer that the child has not resided at least 730 days in last five years].

Not 100% certain though.



It's a good question and while i'd tend to agree, I don't know for sure.

My daughter still have time to complete 730 days as she landed as PR in Spe'21 and her 5 yr period is til 2026, that's what her PR card is valid too. So she can still meet her PR Obligatiosn and should not be out of complaint as per my knowledge.

 

[amar_scorpio]

It's not guess, but a certainty. There is no way to end the 'last absence from Canada' without being in Canada.

Is that valid for Minor too, especially when they have enough time to Complete 730 days from the time they become PR. What if I bring my daughter here few days before applying, will that work?