Dessy

Is there a way to get PR for a child whose father naturalised as a Canadian after the child’s birth? Basically, father is refusing to sponsor the child for PR after promising to do so. Child is now in Canada in ETA and mother would like to register him in school but would have to get study permit because she is unable to prove that father is Canadian.

christmasoompa

Is the mother in Canada? If so, what is her status there?

Dessy

mother is currently on visitors visa as well but in the process of applying for a study permit.

christmasoompa

Ok. There’s no way of the child getting PR then, unless the father does sponsor him/her.

Frankly I think they’d be better off going back to their home country. It doesn’t sound as though the father is bothered about his child being able to stay, and it’s going to be very expensive for the mother to support both of them and have the funds to be an international student - if the father won’t with PR then I’m guessing he won’t help financially either? There’s no guaranteed route to PR for them so not sure the child settling in to life in Canada before potentially having to leave is the best idea.

Plus of course, to get a study permit the mother will need to show proof of ties to the home country which could be tricky if they’re already in Canada.

How old is the child?

Dessy

The child is about to turn 7. The father does help financially.

christmasoompa

Ok. Still not sure I’d risk it personally, the child could end up being kicked out of Canada as a teenager when Canada will be the only home s/he knows really. And it’ll cost the mother tens of thousands for what could be a temporary stay.

Why does the mother want the child to get PR? Is she aware that won’t help her stay in Canada? So if the father changes his mind, she could also end up in a situation where the child has PR and can stay, but she can’t. And then a court may refuse the mother permission to remove the child from Canadian jurisisdiction (if by any chance the father is interested in custody at that point - who knows what may change in the future). So the mother may be split from her child.

And what ties can the mother show to her home country, does she still have an address there?

If you’re a family friend or relative I’d ask the mother to join the forum. I’m not sure she’s aware of the limitations and potential risks of her plan so it may be wise for her to join the discussion.

Jerseygirl

As the father is a Naturalized Canadian Citizen, is the child not Canadian too, or at least can apply for citizenship? I realize the child was born before the father naturalized. Where was the child born?

Dessy

I am posting on here with the permission of the mother. The mother doesn’t mind not being a resident, she just wants to secure some rights for her child to be a Canadian citizen so that he can seek out his father in future if he wants to without restrictions. Also, with the way things are going in the world now, it is beneficial to have dual citizenship if you have a right to it.

Dessy

The child was born in the UK. The child does not have a claim to Canadian citizenship because the father naturalised after he was born so in order to become al Canadian, he’d have to be sponsored first. I guess the immediate concern of the mother is to enrol the child to school without incurring student fees but she does not have the father’s passport details to show that he is Canadian for the fees exemption.

christmasoompa

The child can get citizenship through his/her father, but has to be a PR first - https://www.canada.ca/en/immigration...-18-years.html

christmasoompa

There’s no way to do that without the fathers assistance though. So if he's not prepared to help, her best bet is for her and the child to return home and hope he changes his mind at some point in the future.

Dessy

Interesting.

Where does the child rights come into play? A child should have rights to Citizenship of their parents. It’s part of a child’s identity of knowing who they are, I would have thought.

christmasoompa

It would have come in to play if the father had been a citizen when the child was born. It’s parents citizenships at a child’s birth that usually matter, not citizenships they chose to acquire afterwards. My grandfather became a US citizen in his 70’s, that didn’t suddenly entitle my middle aged father to become one too.

And even if born to a citizen, there’s not always a right to a parent’s citizenship. People can be citizens of a country and still not pass it down to a child that’s born depending on the circumstances.

Dessy

I guess a child under the age of majority has more protection. The best Interest of a child should always be paramount. What is the point of the UNCRC then? I’m thinking the courts should be able to compel a parent or the authorities to approve citizenship for children who obviously cannot fight for their rights.

christmasoompa

Even if my father had been under 18 he would have had no automatic right to acquire US citizenship when his father did. I can’t think of any country that would automatically grant citizenship to a child whose parent decides to apply for citizenship. It’s usually only given if certain criteria are met, and an application is made.