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Canadian citizenship for a step daughter

Canadian citizenship for a step daughter

Old Jul 25th 2011, 7:46 pm
  #1  
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Default 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
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.
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Old Jul 25th 2011, 7:53 pm
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Default 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.
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Old Jul 25th 2011, 9:11 pm
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Default Re: Canadian citizenship for a step daughter

Originally Posted by bewillow
I guess it depends on whether I am considered an "adoptive parent"... Anyone know exactly the scope of "adoptive parent"?
You are not 'considered' an adoptive parent. you either adopted the child, a legal process or not. I feel sure you would know if you did.

What about the other parent?
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Old Jul 25th 2011, 9:14 pm
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Default Re: Canadian citizenship for a step daughter

I have not adopted her. Her bio-parents are not Canadian.
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Old Jul 26th 2011, 1:36 am
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Default Re: Canadian citizenship for a step daughter

Originally Posted by bewillow
I have not adopted her. Her bio-parents are not Canadian.
That may answer your question then.
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Old Jul 26th 2011, 2:52 pm
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Default Re: Canadian citizenship for a step daughter

IF she has PR cant she apply for citizenship when she eligible anyways? Maybe im confused?
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Old Jul 26th 2011, 3:49 pm
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Default Re: Canadian citizenship for a step daughter

Originally Posted by britishvixen21
IF she has PR cant she apply for citizenship when she eligible anyways? Maybe im confused?
At age 18. She cannot vote before then, so does not seem a big deal, so long as she in in Canada for 2 out of 5 or accompanying a Canadian if overseas, PR is safe.

I have a buddy who has been here longer than me and still on PR, he never saw the point in getting citizenship.
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Old Jul 26th 2011, 5:05 pm
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Default Re: Canadian citizenship for a step daughter

Originally Posted by The Aviator
so long as she in in Canada for 2 out of 5 or accompanying a Canadian if overseas, PR is safe.
I am not totally sure this is true.

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?
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Old Jul 26th 2011, 6:11 pm
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Default Re: Canadian citizenship for a step daughter

Hi

Originally Posted by bewillow
I am not totally sure this is true.

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?
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.
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Old Jul 26th 2011, 6:11 pm
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Default Re: Canadian citizenship for a step daughter

Originally Posted by bewillow
I am not totally sure this is true.

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?
She can apply for PR in her own right as an adult at age 18. http://www.cic.gc.ca/english/citizen...bility.asp#age 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.

Last edited by Aviator; Jul 26th 2011 at 6:14 pm.
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Old Jul 27th 2011, 1:03 am
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Default Re: Canadian citizenship for a step daughter

Originally Posted by The Aviator
She can apply for PR in her own right as an adult at age 18.
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 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.
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.
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Old Jul 27th 2011, 1:10 am
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Default 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.
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Old Jul 27th 2011, 1:20 am
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Default Re: Canadian citizenship for a step daughter

Originally Posted by bewillow
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.
Adoption is a pretty drastic step as it severs all legal ties with the original parent. How old is the daughter? If she was mid-teens at least, then there is probably more chance her own views might be taken into account and adoption wouldn't oblige her to end a relationship with a bio parent. Still a drastic step with an emotional impact you shouldn't discount.

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 27th 2011 at 1:30 am.
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Old Jul 27th 2011, 1:28 am
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Default 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!
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