Dear Ms Powell,
I am engaged to someone in Canada. What are the requirements to get Canadian citizenship? Do I get citizenship automatically after marrying a Canadian citizen? What if our child is born outside of Canada will our baby get citizenship as well? We just need to know these things as we plan our future together. Thank you for your time.
A.C.
Dear AC,
Congratulations on your engagement. You will not automatically get Canadian citizenship, just by marrying someone in Canada, but there a steps to acquiring same. The critical question is what is your fiancé’s legal status in Canada? Is he a visitor, student, worker, permanent resident, or Canadian citizen?
If you get married to a permanent resident or Canadian citizen, you will not automatically get Canadian citizenship. However, there are steps that you can take to acquire Canadian citizenship.
Sponsorship Application
A Canadian citizen or permanent resident can apply to sponsor his spouse or common law/ conjugal partner to become a permanent resident of Canada, provided that both parties are eligible.
When a citizen or permanent resident applies to sponsor his spouse, the government will check the background of the sponsor to ensure that he is at least 18 years old, resides in Canada or intends to live in Canada, pays taxes, not receiving social assistance for reason other than disability, and able to provide for the basic needs of your spouse, among other factors.
Once the sponsor is qualified, the next step will be to examine if the person being sponsored, called “the applicant” is admissible to Canada. You will be required to do a medical examination to ensure that you are medically admissible. Additionally, a thorough background check will be done to ensure that you do not have a criminal record and will not be threat to others in Canada, among other factors.
Residency Requirement
Once your sponsorship application has been approved you will become a permanent resident. The next step will be to apply for your citizenship when you are qualified to do so. You can only apply for citizenship if you have lived in Canada for a minimum of 3 years in the last 5 years and your taxes are up to date. This means that you must have been physically in Canada for at least 1,095 days (3 years) during the 5 years, before the date you sign your application.
You will also need to provide proof that you satisfy the language requirements and pass the Citizenship test. The citizenship test will evaluate your knowledge about Canada, the rights, duties, and responsibilities of being Canadian.
In some cases, even though individuals have lived in Canada more than three years, they may not be qualified to apply for citizenship, as time spent serving a term of imprisonment, on parole, or on probation, will not count as time that you have lived in Canada. There may be additional requirements based on your situation.
Children of Citizens
There are different rules applicable to children of Canadian citizens who were born outside of Canada. Your child may be a Canadian citizen if at least one parent or legal parent at birth, was born in Canada, or became a naturalized Canadian citizen, before the birth of the child. If the above is applicable, the child will be deemed a Canadian and the parents will only need to apply for a Canadian citizenship certificate for the child.
If your spouse is a permanent resident, your child will not automatically be a Canadian citizen, if he is an adopted child born outside Canada. The requirements for adopted children are different and therefore I recommend that you consult directly with a Canadian immigration lawyer to advise you if you should pursue the citizenship process or apply to sponsor your adopted child.
Deidre S. Powell is an Immigration Lawyer, Mediator and Notary Public. Connect with her via Facebook, Instagram, or Twitter. Request your consultation or submit your questions via www.deidrepowell.com.
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