Following US elections there is always a spike in interest about the opportunities for immigration to Canada by our southern neighbours in the US. However, the current Canadian immigration lay-of-the-land does not provide a lot of opportunities for such standard categories of applicants as skilled workers or business applicants. Recently imposed reductions in immigration levels have made it challenging for prospective immigrants to qualify to come to Canada. Even temporary workers and international students are facing restrictions. One sector of opportunity for aspiring US immigrants to Canada is for family sponsorship and citizenship by descent to bring family members to Canada. Let’s review these potential opportunities.
Canadian citizens and permanent residents may sponsor their spouses and dependant children. This is a significant immigration benefit. For Canadian citizens living abroad you may sponsor your family member while living outside of Canada; permanent residents do not have the same benefit and must be residing in Canada throughout the sponsorship process; however, they are still able to sponsor their spouses and children.
Dependent children are not minor children! Under the Immigration and Refugee Protection Act (IRPA) a dependent child is defined as being “under the age of 22”. So parents can sponsor their children up to the age of 21.
Many US citizens are also Canadian citizens and can pass on citizenship to their children. For persons born to Canadian citizens, you are Canadian citizens automatically “by operation of law”. This means that you or your children are already Canadian citizens by virtue of birth and only need to apply for a Canadian citizenship certificate.
Also, if your parents were born in Canada, you are able to obtain proof of your Canadian citizenship by descent. Canada’s citizenship laws are also in the process of evolving to allow for citizenship to pass to the second-generation born outside of Canada.
At present, citizenship can only be passed down to a single generation: this is known as citizenship by descent. Simply put, if you’re born or adopted to a Canadian parent abroad, you can claim Canadian citizenship, but only if you’re part of that first generation born outside the country with very few exceptions. In light of the delays in passing legislative amendments, the government introduced and approved interim measures. The interim measures provide a path for being considered for a discretionary grant of citizenship for those who are affected by the first-generation limit. As stated in the Minister’s announcement, under the newly introduced interim measures, certain applicants born in the second-generation outside Canada will be offered consideration for a discretionary grant of citizenship. For more information, see our earlier blog here: https://canadian-visa-lawyer.com/interim-measures-the-first-generation-limit-on-canadian-citizenship-what-you-need-to-know/
What is the difference between permanent residence and citizenship? I am frequently asked by my US clients on their initial immigration inquiries how they can acquire Canadian citizenship. I generally reply that you need to “walk before you run” meaning that you need to become a permanent resident before you become a citizen. Sponsoring a family member for permanent residence, particularly a spouse, means that they will be subject to Canadian residency requirements and can only obtain Canadian citizenship after residing in Canada for more than three years. However if you are able to either obtain or pass on citizenship by descent, then you are automatically a Canadian citizen and merely need to have this confirmed by applying for a Canadian citizenship certificate.
US elections have always lead to an increased interest in Canadian immigration opportunities by our American neighbours. Yet, in the past year or so, immigration has become the most challenging that it has been in my entire career with restrictions on virtually every category of immigration – both permanent and temporary. The one exception to this new reality is Family Class sponsorship. Canadian citizens living abroad and permanent residents in Canada are eligible to sponsor their spouses and dependant children. Also many US citizens may be eligible for Canadian citizenship by descent and Canadian citizens living abroad can pass on citizenship to their children. This may be the ideal time to take such action.
For more information, please refer to my podcast as well as our previous blogs on these topics:
- President Trump is back! Implications for prospective immigrants to Canada?
- The Trump Effect: Turning to Canada’s Immigration program.
- Immigrating to Canada from the USA.
- Podcast: POST ELECTION SPECIAL: 3 Questions To Ask About Immigrating To Canada.
