Baby of Canadian mother born in Canada; can Portuguese father get citizenship?

[xjennyinstereox 0]

My sister is currently living in Ireland. She is a Canadian citizen and also has her EU citizenship through my dad (born in Portugal). She is moving back to Canada to have the baby. The father is trying his best to also go to Canada to be there with her and the baby.

When the baby is born, will he be able to get citizenship (or at least some form of residency) through the baby?

My gut tells me no, but it's worth asking about.

Any info would be greatly appreciated!

Edited May 11, 2009 by xjennyinstereox

[trailmix 77]

My sister is currently living in Ireland. She is a Canadian citizen and also has her EU citizenship through my dad (born in Portugal). She is moving back to Canada to have the baby. The father is trying his best to also go to Canada to be there with her and the baby.

When the baby is born, will he be able to get citizenship (or at least some form of residency) through the baby?

My gut tells me no, but it's worth asking about.

Any info would be greatly appreciated!

I'm not really sure if you mean the baby's Father or your Sister's Father, I am assuming your Sister's Father (regardless she could sponsor either). If you mean her common law Husband the you can get information on that here: link

She can apply to sponsor your Father (for Permanent Residency - he can apply for citizenship after he becomes a permanent resident AND meets the residency requirement): link

Who can be sponsored

You can sponsor:

parents

grandparents

brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship

another relative of any age or relationship if none of the above relatives could be sponsored, and you have no other relatives who are Canadian citizens, persons registered as Indians under the Indian Act or permanent residents and

accompanying relatives of the above (for example, spouse, partner and dependent children).

Edited May 11, 2009 by trailmix

[xjennyinstereox 0]

She can apply to sponsor your Father: link

Who can be sponsored

You can sponsor:

parents

grandparents

brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship

another relative of any age or relationship if none of the above relatives could be sponsored, and you have no other relatives who are Canadian citizens, persons registered as Indians under the Indian Act or permanent residents and

accompanying relatives of the above (for example, spouse, partner and dependent children).

My father doesn't need to be sponsored... the father of the baby wants to be able to live in Canada with my sister and their baby.

The only thing I see that might apply is: accompanying relatives of the above (for example, spouse, partner and dependent children). The father of the baby would be my sister's partner (they are not married)

[reeses16 8]

No, the father of your sister's baby can not get Canadian citizenship based on their child together. Your sister however, can help him get residency and then citizenship.

[trailmix 77]

She can apply to sponsor your Father: link

Who can be sponsored

You can sponsor:

parents

grandparents

brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship

another relative of any age or relationship if none of the above relatives could be sponsored, and you have no other relatives who are Canadian citizens, persons registered as Indians under the Indian Act or permanent residents and

accompanying relatives of the above (for example, spouse, partner and dependent children).

My father doesn't need to be sponsored... the father of the baby wants to be able to live in Canada with my sister and their baby.

The only thing I see that might apply is: accompanying relatives of the above (for example, spouse, partner and dependent children). The father of the baby would be my sister's partner (they are not married)

Yes, I provided a link for you above, this is called 'common law partner' in Canada.

I'm not really sure if you mean the baby's Father or your Sister's Father, I am assuming your Sister's Father (regardless she could sponsor either). If you mean her common law Husband the you can get information on that here: link

Edited May 11, 2009 by trailmix

[Kathryn41 3,205]

When your sister returns to Canada she should declare herself as a returning resident. This is the date her qualifying period for health benefits will start, etc. She should make sure she has some sort of purchased health insurance to cover her until she is eligible for provincial coverage again. Her partner can accompany her (I am assuming he is an Irish citizen?). Your sister can then sponsor him as her common-law partner for Permanent Residency in Canada from within Canada. He will need to keep his status in Canada valid throughout the process - after the first 6 months he will need a paper document called a Temporary Resident permit and they should plan on applying for that at least 3 months before the 6 months is up. He won't be able to work until the Permanent Resident application is approved 'in principle' which may be as long as a year so they should plan on that contingency. If he wishes to 'follow', she can apply to sponsor him for permanent residency as her partner 'outside' of Canada as well. That may be faster. Once his permanent residency is granted he then needs to meet residency requirements before he can apply for Citizenship (3 years, although 50% of the time up to 2 years of presence in Canada on another legal status can also count). The links already provided should give you all the information your sister needs.

Oops - just read again that her partner is Portuguese, not Irish. He still does not require a visa to visit Canada, however, so the rest of the information should remain the same.

Edited May 11, 2009 by Kathryn41

[Reba 2]

See http://roadtocanada.com for discussion forums about immigrating to Canada

They may actually want to consider an out-land application for her partner, rather than an in-land application. Yes, he can physically remain in Canada during processing, but an in-land application takes 3 times as long to process, and he may not be able to get a work permit during that time (which can be up to 18 months). An outland application generally only takes about 6 months, and he could just drive across the US border to come back and "land" when the time comes. He would not likely need to return to Europe for an interview. (though it is not unheard of).

Again, Road To Canada has lots of info and members with experience with Canadian immigrations.