Immigration Corner | Can I get citizenship through my baby?

Dear Mrs Powell,

I have a baby that is a Canadian citizen. Does that mean that I can get Canadian citizenship as well? How do I go about applying? I would really like my child to grow up in Canada, but I’m not sure how to go about it. Thank you.

AF

Dear AF,

I have so many questions. How did your baby get Canadian citizenship? Was your child born in Canada? Did your child get citizenship by virtue of her father’s status? If your child received citizenship via her father, are you in a relationship with the child’s father?

I would strongly recommend that you contact my office directly so that I can advise you personally about the steps that you need to take, based on the answers to the questions in this article. I will briefly outline below some basic guidelines.

CHILD BORN IN CANADA

If you have or had a temporary resident visa and your child was born in Canada, this does not automatically mean that you will be granted citizenship. You would need to acquire permanent residence status first, then apply for Canadian citizenship. The key is to follow the best possible route to acquire permanent residence status.

The easiest and fastest way to qualify for permanent residence is via the Express Entry System. The Express Entry System is points-based and it manages programmes such as Federal Skilled Worker Programme, Federal Skilled Trade Programme, Canadian Experience Class, and some Provincial Nominee Programmes.

Your eligibility will be based on your age, education, occupation, language ability, work experience and adaptability. How old are you? Do you have a diploma/degree from a recognised postsecondary school? What is your occupation? Have you ever worked or studied in Canada? Are there any other relatives in Canada, such as brothers, sisters, parents, aunts, or uncles? If so, where do they live? Are they living in Manitoba, Saskatchewan, Alberta, British Columbia, or any other province? This information is required to determine your eligibility.

There is also the option of applying to study in Canada as a pathway to becoming qualified under the Canadian Experience Class category. To qualify for a study permit, there are a few hurdles that you must cross. First, you must be accepted in a designated learning institution for an approved programme. Then, one of the most important factors is that you must have proof that you have all the funds required to cover your tuition, living expenses and take care of all your responsibilities.

SELF-EMPLOYED PERSONS PROGRAMME

If you do not qualify under the Express Entry System, but you are able and willing to make a significant contribution to the cultural or athletic life of Canada, then you may be able to qualify under the self-employed person’s programme. Under this programme, applicants will be assessed based on Immigration, Refugee and Citizenship Canada selection criteria, which means an assessment of your age, education, work experience, language ability and adaptability.

Examples of persons who could qualify under this programme are musicians, actors, singers, dub poets, comedians, dancers, producers, illustrators, film and videographers, athletes, writers, journalists, interpreters, biographers, crossword puzzle makers, novelists, sculptors, artisans, painters, referees, interior designers, announcers and broadcasters, to name a few.

The key to qualifying under this category is to provide evidence that you have a minimum of two years work experience being self-employed in ‘world-class level’ cultural or sporting activities, willing and able to continue these activities in Canada, as well as pass medical and security checks.

SPONSORSHIP APPLICATION

There are opportunities for sponsorship under the family class if you can qualify. Based on the brief information you provided, it appears that your child is under 18 years old. This means that your child is not currently able to sponsor you.

However, assuming the Parents and Grandparents Sponsorship Programme remains in existence, once your child in over the age of 18 and can satisfy the income requirement, she may be able to sponsor you to live permanently in Canada.

You did not mention the child’s father. Are you in a relationship with him? If so, you should both consult with an immigration lawyer to discuss the possibility of spousal sponsorship. This would require an assessment of the eligibility of your sponsor and you, the applicant.

If you are not in a relationship with a Canadian citizen, are you in a relationship with someone else? What is his age, education, language ability, work experience and citizenship. As previously indicated, more details are required.

I hope that the above gives you some basic information to help you to prepare for your personalised meeting with an immigration lawyer, who will advise the best option for you and your family.

Deidre S. Powell is a lawyer, mediator and notary public. Please submit your questions and comments via www.deidrepowell.com. You may also find her on Facebook, Instagram, and Twitter.