www.immigrantscanada.comDual Citizenship Dept:
A: Unless I m missing something, it seems pretty clear that your son s children have dual citizenship already by birthright. It s too bad the call centre at the immigration department couldn t put your mind at ease by providing that information. As the children of a Canadian citizen who was himself born in Canada, they are already Canadian citizens even though they were born in the United States. They have only to confirm their status by applying for a citizenship certificate. Your son can do this online at www.cic.gc.ca/english/citizenship/proof.asp . Having proof of Canadian citizenship would be necessary to apply for a passport. It is important to note that your son s children, while Canadian citizens, will not automatically be able to pass their citizenship on to their own children if they end up being born outside of Canada as well. A few years back the rules were changed so that only the first generation of Canadian citizens born abroad automatically have Canadian citizenship. As for the U.S., your son s children are most definitely U.S. citizens by birth. So they are already dual citizens of Canada and the U.S. The only thing remaining is to document their status properly, according to The Star. A: This is probably a matter on which he should seek some professional advice. When you say that he discovered he is no longer a permanent resident, I m not sure what you mean. Did he attempt unsuccessfully to enter Canada or did he simply read the rules and realize that by living outside of Canada for so long that he could have lost his status? The rules are quite clear that permanent residents must reside in Canada for at least two years in any given five-year period in order to maintain their status. Otherwise, they can be deemed to have abandoned their permanent resident status. But it is important to note that you don t lose permanent resident status automatically with a long absence, you just open yourself up to it being taken away. In some cases, people are allowed to return even when they have exceeded the normal timelines. Before concluding that he has lost his status, your friend should explore his options. And as the holder of British citizenship, he could enter Canada without any trouble as a visitor to go and see his mother. But he must be clear that is a visit. Then he could seek professional advice about trying to restore his permanent resident status or the procedure for applying for it again from within Canada and q: I hope you can point me in the correct direction. Our son was born in Canada to fourth-generation Canadian parents. He studied in the U.S., graduating in 2000, remained in the States and married an American citizen. They have two children born in the U.S. in 2003 and 2005 . He has been employed in the U.S. since graduation and does not plan to return to Canada in the near future. He would like to obtain dual citizenship for his children, which I understand is legal by Canadian law. I have phoned immigration Canada on this matter but the only information given to me was to go to its website and follow the prompts. This has become a nightmare for me as there does not appear to be any form available for this scenario. If I am missing something, perhaps you can offer some advice. Q: A close friend came to Canada at the age of 4 from England. Always a permanent resident, he went to university on a scholarship to the U.S. where he met the woman who became his wife upon graduation. He divorced her last year and was planning on coming home to Toronto when he discovered that he is no longer a permanent resident. He is in his mid-30s with a mother who became a Canadian citizen more than 15 years after arrival. As his legal status is about to be revoked in the U.S. he no longer wanted to receive a green card after the divorce , is his only option to return to the United Kingdom where he knows no one? This is someone who has been in Canada from 4 to 18 and views Canada as his home. Does he have no options but to return to the UK and apply all over again? We, his friends in Toronto, are worried that he might not qualify for immigration now. (www.immigrantscanada.com).
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