Sponsoring Grandchildren

Sponsoring Family
1

My grandchildren are American citizens and I want to submit an application for citizenship by heritage. My daughter (their mother) is a naturalized citizen but I was born in Ontario. Are they still eligible for citizenship based on my heritage or does it only work if the parent is Canadian? If it makes a difference, their mother has been a citizen for nearly all her life.

2

Hi there,

Thank you for sharing your question and situation with us. We appreciate your interest in this information. PBSC student volunteers are drafting a response with legal information that should be helpful. If you require immediate or further assistance, it may also be helpful to seek the advice of a reputable and registered immigration consultant or an immigration lawyer about your situation. To find a community legal clinic in your area, visit Services Near Me.

Sincerely,

Your Settlement.Org team

3

Hello,

According to my understanding of the situation you described. If your daughter is Canadian by naturalization, in this case it would be more logical she submits an application for Canadian citizenship certificate for her children.

Based on the IRCC website:

You’re likely a Canadian citizen if you

  • were born in Canada- became a citizen because of changes to the Citizenship Act- applied for and received your Canadian citizenship (became a naturalized citizen)- received Canadian citizenship as a minor when a parent or legal guardian applied for your citizenship- were born outside Canada and at least 1 of your parents (legal parent at birth [opens in a new tab] or biological parent) either
  • was born in Canada, or- became a naturalized citizen before you were born

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html

Regards,
Lahbib70

4

Hi there,

Thank you for sharing your question and situation with us, we appreciate your interest in this information.

SECOND GENERATION BORN ABROAD CANADIAN CITIZEN:
In December 2023, the Ontario Superior Court found that the “second generation rule” which prohibited “first generation born abroad citizens from passing their Canadian citizenship to the second generation born abroad children, was in conflict with sections 6 and 15 of the Charter. The Court gave the Government 6 months to review and amend the Citizenship Act. Under Bill S-245, which is about to undergo its third reading before the House of Commons later this year, in 2024, it outlines the additional details and requirements that a “second generation born abroad” person would need to meet in order to be granted Canadian Citizenship. We anticipate that this new law will pass, but only time will tell.

What does this mean for your case?

If your daughter was born in Canada or is a naturalized citizen and gave birth to your grandchildren abroad, they are (first generation) Canadians and will not need to apply for citizenship status. They will only need to apply for a certificate of citizenship, which provides evidence that they are indeed a Canadian citizen: Apply for, replace or update a Canadian citizenship certificate

However, if your daughter was born outside of Canada, that would make your grandchildren second generation, and we would urge you to apply for a certificate of Canadian citizenship immediately for them to see what happens, due to the changing laws around this area. Once Bill S-245 is passed in early summer or fall of 2024, there may be additional provisions to be met.

If your family situation does not meet any of the situations noted above, then their mother may be able to sponsor the children for permanent residence status in Canada so that they may eventually become citizens. For additional details please see:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/apply.html

We hope this information is helpful. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer who is familiar with Canadian immigration issues for advice on your situation, and please let us know if you have any further questions.

Sincerely,

Your Settlement.Org team

Disclaimer:

This document does not contain legal advice.

This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.