2nd generation children and common law partner

[Kellyba47]

Hi all

I have been in a relationship with a 2nd generation Canadian Citizen for 14 years. We live in the Uk and have two children 7 and 6 who I am hoping qualify as Canadian Citizens as they were born pre 2009. Is this right?

My partner is returning to work in Canada shortly and we would like to all move as a family.
I am grateful for any advice please.

For info we have been engaged for a few years but not married and we do not have joint accounts or tenancy agreements.

Thanks in advance.

 

[Kellyba47]

Sorry I meant my partner is a 1st generation our children are the 2nd!

 

[Avadava]

If your wife is a Canadian citizen by birth or a naturalized Canadian citizen, then the children are automatically citizens as well. You will need to apply for "Proof of citizenship" for your children, at the nearest Canadian embassy or consulate or inside Canada. The parent who is a Canadian citizen can make this request and it takes about 6 months.

To qualify as common-law, you must live together for 12 consecutive months prior to you application. If you don't have joint bank accounts or rental agreements then make sure to document your relationship by other means. Have friends and family write affidavits testifying to your relationship and that you have lived together for at least 12 months, send bills that show you received letters at the same address, etc.

Having children in common will definitely help prove the genuineness of the relationship.

 

[Kellyba47]

Hi Avadava

Thank you for your reply.
To clarify, my partner was born in the UK in 1982 to a Canadian born father and British born mother.
He has dual nationality now (Canadian citizenship and British passport) whilst I am a British national only. Our two children as stated were born pre 2009.

I gather from your post that my partner only can apply for our children's citizenship certificate. Thanks for this. we will look into the high commission London shortly.

I wonder if it might be worth putting bills etc into my partners name now? It's quite frustrating as like I mentioned we have been together since 1999

 

[Avadava]

I might be wrong here, but I think the new law doesn't apply to people that were already citizens when the law came into effect. Like I said, I might be wrong, but if you didn't get a citizenship certificate for your children prior to 2009, then I think this law applies to them and they might not be eligible.
Make sure to contact the embassy and clarify this situation.

As for your relationship, try to document as much as you can with everything you have: pictures, emails, chat logs, plane tickets from trips you took together, etc. Anything that will show them you have been together. Put your partner the beneficiary of your life insurance, for example. While you were living together, did he receive any letters at that address? If yes, make copies of those letters. Just be creative and put together some evidence.

 

[Kellyba47]

Thank you, much appreciated.

 

[OhCanadiana]

Hi all

I have been in a relationship with a 2nd generation Canadian Citizen for 14 years. We live in the Uk and have two children 7 and 6 who I am hoping qualify as Canadian Citizens as they were born pre 2009. Is this right?

My partner is returning to work in Canada shortly and we would like to all move as a family.
I am grateful for any advice please.

For info we have been engaged for a few years but not married and we do not have joint accounts or tenancy agreements.

Thanks in advance.

CIC has a tool available at http://www.cic.gc.ca/english/citizenship/rules/tool_49.asp that will help you determine whether your children are Canadian citizens or whether your partner would need to sponsor them as your dependents when your partner sponsors you based on the specifics of your situation.

For your application, take a look at http://www.canadavisa.com/canada-immigration-discussion-board/any-advice-from-people-who-have-done-this-journey-before-t112120.0.html for ideas.

 

[screech339]

According to your post, your wife is considered a 2nd generation Canadian, by definition. However since your 2 kids were born prior April 17, 2009, the new citizenship rule doesn't affect them. So they are also canadian citizen by descent. They are also 2nd generation Canadian as well. So they will not be able to pass their citizenship by descent anymore.

It should not matter who is the person applying for canadian citizenship for your kids. You or your wife can apply on their behalf. You just got to provide all the required proof of documentation required.

Screech339

 

[Kellyba47]

Thanks for the rey canadiana and screech.

 

[keesio]

According to your post, your wife is considered a 2nd generation Canadian, by definition. However since your 2 kids were born prior April 17, 2009, the new citizenship rule doesn't affect them.

Is it if they were born before 2009 or if they applied for the certificate before 2009? I always got that confused.

 

[screech339]

Is it if they were born before 2009 or if they applied for the certificate before 2009? I always got that confused.

It is based on when they are born, regardless of when they submit the application.

If they were born before April 17 2009, they get their citizenship regardless by descent. However when children are born on 17 April 2009 or after, they have to follow the new citizenship rules.

 

[Kellyba47]

Ive just thought... Probably a really silly question but do the children have to be mentioned as additional dependants on the sponsorship Forms even though they are citizens?

 

[screech339]

Ive just thought... Probably a really silly question but do the children have to be mentioned as additional dependants on the sponsorship Forms even though they are citizens?

Yes. They must be listed in IMM5406 under section B. And in IMM5481 under 6 B) as well.