Re: Absent parent...
 

It depends on whether someone (the parent) was Canadian under the pre-2009 law when the child was born. Normally if the parent was born on or after 15.02.1977 this will be the case. It may (or may not) apply if the parent has a pre-2009 Canadian citizenship registration document.

Also - and it doesn't apply in this situation (since the child in question is 15) - but someone born between 15.02.1977 and 16.04.1981 with a Canadian citizen (by descent) parent will usually have lost Canadian citizenship at age 28. Unless retention was applied for and obtained.


He can get PR as long as he's a dependent child and there aren't any other bars to grant of permanent residence. Leave it another couple of years and he may not be eligible for anything.

That's correct, if he is admitted to Canada as PR and is under 18 (with a Canadian parent) he can normally get Canadian citizenship by grant/naturalisation straight away. And this would be Canadian citizenship otherwise than by descent.

So, a more complex route to citizenship, but a better class of citizenship. However, there isn't an option model. He can only take the second option to become naturalised Canadian) if he is not already a Canadian citizen by descent.

Re: Absent parent...
 

Exactly... :thumbup: I don't think he could go the PR route if he was eligible for citizenship by descent... I think you can only do the PR route if he is ineligible for citizenship by descent...

Re: Absent parent...
 

Good evening all,

With reference to the above dilemma, I am in. Canada, been here for three months and have my proof of citizenship... Whoop whoop. Life is good, job etc.
Question is, my son is 15 was born in 1998 in the UK, is he a Canadian citizen by descent. I was granted citizenship as my mum is Canadian, I was first born and by descent. I am unsure as the Citizenship act changed 2009 and mixed answers as to his rights. Both his father and myself were born in the UK, his grand parents and great grand parents are Canadian by birth.

If he is not, is PR the fasted way to get legal status in Canada for him?

Thank you..
Jen

Re: Absent parent...
 

As had been mentioned several times in the thread, you will likely need to apply for PR for him. Once he has his PR status (about 8 months) he will be able to apply for Citizenship immediately.

You could use the 'am I a canadian citizen already' tool on the CIC website to determine for certain, but the general consensus is that he is not a citizen at the present time.

:)

Re: Absent parent...
 

Thank you, that was my initial understanding and I have applied for PR for him, it was just a few people had said he may be a Canadian Citizen as my citizenship was granted in 1971 the year of my birth so it was a possibility he was as prior to 2009 act.

Thanks

Re: Absent parent...
 

With respect, that is the first time you have mentioned that your citizenship was granted in 1971.

I would suggest using the 'am I a Canadian Citizen already' tool on the CIC website and determining if he is or not.

Re: Absent parent...
 

You mention "I" am in, where is your son, is he in Canada too?

Re: Absent parent...
 

Apologies, my son is in Canada also with me, he is in school here and on a visitor visa until PR or citizenship cert.

I have tried to use the tool on CIC, however it is under improvement :-(
Jen

Re: Absent parent...
 

JAJ has said on the previous page that if you were born on or after 15 February 1977, your son MAY be a citizen by descent. If you were born before 15/2/77, which you just said you were, your son is NOT a citizen by descent and you will need to apply for PR for him, which you have done.

Once you get his papers, you will probably need to do a flagpole in order to activate his PR. After this, you can apply for Canadian citizenship for him. Do this as soon as possible to avoid him turning 18 and not being eligible.

HTH :)

Re: Absent parent...
 

It is highly unlikely that your Canadian citizenship was granted in 1971, because at the time, Canadian mothers could not pass on their citizenship.

If the 2009 Act determined you to be a Canadian citizen by descent retroactively to 1971 that's not the same as having had your citizenship granted in 1971. If this is the case, your son is not Canadian and you have done the right thing in applying for him to become a permanent resident. If he is admitted to Canada as a PR (ie, completes the admission process at the border or a CIC office) then as long as he is under 18, you should immediately apply for him to be granted Canadian citizenship.

If by some chance you applied for and were granted Canadian citizenship under the old law (and in general, before your son was born) then he might already be a Canadian. If you have a pre-2009 citizenship document, then what exactly does it say?

Re: Absent parent...
 

Maybe you could show it to us somehow but black out all the personal info ? That might help.

Re: Absent parent...
 

Good morning,

I applied for my proof of citizenship just a few months ago, when I received my certificate it is in the new style, it states on it citizenship granted on my birthdate. There is no reference to any date thereafter, just that I am a Canadian citizen since then.

Jen