Canadian citizenship for a step daughter
Jul 25th 2011, 7:46 am
#1
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Canadian citizenship for a step daughter
I am wondering about applying for citizenship now for my step daughter.
She has PR. I have British court registered Parental Responsibility (as a step parent) and I have Canadian citizenship, though I am not her bio-parent.
I think we satisfy point (1) and (2) below. But I am not sure about (3). Neither of her bio-parents have Canadian citizenship and she is not formally adopted by me. Does a Canadian citizen who has formal authority to exercise decision making in schools, health case, and immigration count?
Any thoughts?
http://www.cic.gc.ca/english/citizen...ligibility.asp says
She has PR. I have British court registered Parental Responsibility (as a step parent) and I have Canadian citizenship, though I am not her bio-parent.
I think we satisfy point (1) and (2) below. But I am not sure about (3). Neither of her bio-parents have Canadian citizenship and she is not formally adopted by me. Does a Canadian citizen who has formal authority to exercise decision making in schools, health case, and immigration count?
Any thoughts?
http://www.cic.gc.ca/english/citizen...ligibility.asp says
To apply for citizenship for a child under 18, make sure the following conditions are met:
- the person applying is the child’s parent, adoptive parent or legal guardian
- the child is a permanent resident, but does not need to have lived in Canada for three years; and
- one parent is already a Canadian citizen or is applying to become a citizen at the same time. This also applies to adoptive parents.
- the person applying is the child’s parent, adoptive parent or legal guardian
- the child is a permanent resident, but does not need to have lived in Canada for three years; and
- one parent is already a Canadian citizen or is applying to become a citizen at the same time. This also applies to adoptive parents.
Jul 25th 2011, 7:53 am
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Re: Canadian citizenship for a step daughter
I guess it depends on whether I am considered an "adoptive parent"... Anyone know exactly the scope of "adoptive parent"?
CP 4 - Grants
2.3 Requirements
The minor must be a permanent resident of Canada and the child of a Canadian citizen. In order
to be granted citizenship under subsection 5(2) of the Act, the minor child must have either a
living natural or adoptive Canadian parent.
2.4 Who may apply on behalf of a child?
Only a legal guardian may apply for citizenship on behalf of a child. A legal guardian is usually the
parent unless another person has been given guardianship over the child.
2.5 When a legal guardian may apply
A legal guardian, other than the parent, may apply for citizenship on behalf of the child ONLY
when one of the parents (natural or adoptive) is already a Canadian citizen.
2.3 Requirements
The minor must be a permanent resident of Canada and the child of a Canadian citizen. In order
to be granted citizenship under subsection 5(2) of the Act, the minor child must have either a
living natural or adoptive Canadian parent.
2.4 Who may apply on behalf of a child?
Only a legal guardian may apply for citizenship on behalf of a child. A legal guardian is usually the
parent unless another person has been given guardianship over the child.
2.5 When a legal guardian may apply
A legal guardian, other than the parent, may apply for citizenship on behalf of the child ONLY
when one of the parents (natural or adoptive) is already a Canadian citizen.
Jul 25th 2011, 9:11 am
#3
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Re: Canadian citizenship for a step daughter
What about the other parent?
Jul 25th 2011, 9:14 am
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Re: Canadian citizenship for a step daughter
I have not adopted her. Her bio-parents are not Canadian.
Jul 26th 2011, 2:52 am
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Re: Canadian citizenship for a step daughter
IF she has PR cant she apply for citizenship when she eligible anyways? Maybe im confused?
Jul 26th 2011, 3:49 am
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Re: Canadian citizenship for a step daughter
I have a buddy who has been here longer than me and still on PR, he never saw the point in getting citizenship.
Jul 26th 2011, 5:05 am
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Re: Canadian citizenship for a step daughter
My wife can accompany me outside of Canada until we die, and she will retain PR. But her daughter (my step daughter) retains her Canadian-residence-for-the-purposes of PR only until, I would guess, 18. And then what happens?
Jul 26th 2011, 6:11 am
#9
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Re: Canadian citizenship for a step daughter
Hi
Actually it is 22.
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is, ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada, provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent.
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is
accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met. For the purposes of A28(2)(a)(ii) and A28(2)(a)(iv), R61(6) defines a child as being a child of a
parent referred to in those subparagraphs who is not and has never been a spouse or commonlaw partner and is less than 22 years of age.
After that s/he has to meet the 2/5 years to retain his/her PR status.
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is, ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada, provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent.
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is
accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met. For the purposes of A28(2)(a)(ii) and A28(2)(a)(iv), R61(6) defines a child as being a child of a
parent referred to in those subparagraphs who is not and has never been a spouse or commonlaw partner and is less than 22 years of age.
After that s/he has to meet the 2/5 years to retain his/her PR status.
Jul 26th 2011, 6:11 am
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Re: Canadian citizenship for a step daughter
Last edited by Aviator; Jul 26th 2011 at 6:14 am.
Jul 26th 2011, 1:03 pm
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Re: Canadian citizenship for a step daughter
You must mean citizenship ...
She can apply for citizenship on her own at age 18, obviously at that point she will need to meet the residence requirement in her own right. Some countries allow 16 and 17 year olds to apply for citizenship independently of parents, however Canada is not one of them.
If she doesn't have citizenship, she can apply for her daughter at the same time as she applies for herself. She doesn't have to wait until she actually becomes a citizen.
There is a third option which may or may not be feasible - adopt the child, then usually a citizenship application can be made.
She can apply for citizenship on her own at age 18, obviously at that point she will need to meet the residence requirement in her own right. Some countries allow 16 and 17 year olds to apply for citizenship independently of parents, however Canada is not one of them.
If your wife (the child's mother) does not have citizenship, as soon as she gets it she can apply for her daughter. If she has citizenship she can apply now for her daughter.
There is a third option which may or may not be feasible - adopt the child, then usually a citizenship application can be made.
Jul 26th 2011, 1:10 pm
#12
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Re: Canadian citizenship for a step daughter
We looked into adoption, but at least in the UK our consulting solicitor deemed it very unlikely to be allowed by the court as long as the bio-father was still happily alive and even occasionally involved.
Jul 26th 2011, 1:20 pm
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Re: Canadian citizenship for a step daughter
A step-parental responsibility arrangement, or similar (which you appear to have) means you could become custodian of your step-daughter if something happened to your wife. But this won't count as an adoption for nationality purposes.
You should also make sure you and your wife both have up to date wills expressing your wishes.
I assume she's living in the UK now - one way for her to become a Canadian citizen when a little older is to go to university in Canada.
Last edited by JAJ; Jul 26th 2011 at 1:30 pm.
Jul 26th 2011, 1:28 pm
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Re: Canadian citizenship for a step daughter
I already have step-parent parental responsibility (the other kid of PR!). And yes, the cutting of ties was a definite possible downside.
This forum is a wonderful source of very wise experience. My philosophy is "Be grateful and verify". Thank you all!
This forum is a wonderful source of very wise experience. My philosophy is "Be grateful and verify". Thank you all!
