Hi,
I have completed my citizenship requirement of 3 yrs but during the process got divorced with my wife leaving for India with my son. My divorce was settled in India with joint custody of my son, my questions:
a) What happens to my citizenship application? Will it be approved?, my ex-wife stayed in Canada for less than a year.
b) Will my son be eligible for Canadian citizenship? My ex-wife does not have problem with our son getting citizenship but she will not give me his custody till he turns 18.
Please do let me know seniors.
Regards
Dhudsher
Quote:
Originally posted by Dhudsher
Hi,
I have completed my citizenship requirement of 3 yrs but during the process got divorced with my wife leaving for India with my son. My divorce was settled in India with joint custody of my son, my questions:
a) What happens to my citizenship application? Will it be approved?, my ex-wife stayed in Canada for less than a year.
b) Will my son be eligible for Canadian citizenship? My ex-wife does not have problem with our son getting citizenship but she will not give me his custody till he turns 18.
Please do let me know seniors.
Regards
Dhudsher
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Sad to hear a tale of this nature. I know you will miss the child, your son. If you both have accepted the terms and came to grips with it, then you will only be getting the custody of your son after he turns 18. It is heart breaking. Thank you for sharting it with us.
LIFE GOES ON...
Yes, you will get your Citizenship as and when the process gets completed and successfully by you.
If your son is there in Canada at that time, he will also get his citizenship.
Not knowing his age and if he can travel to be there and join in, in the swearing in ceremony, I would leave it out of the response. So, see if he can make it back to Canada, for this occasion. (Have you included him in the application process?)
Please inform the CIC about the break up.
My good wishes to you for your future.
FH.
Thanks FH for quick response, I am sure she won't allow him to travel with me. But probably I can convince her to bring him with her for the swearing in ceremony, but my only worry is that by the time of ceremony her visa might expire.
Yes, I have included my son's name in the application.
Location: Western Hemisphere
Posted on: 05-11-13 10:18:38
If your son is under 14 years of age, he does not need to attend the citizenship oath ceremony.
http://www.cic.gc.ca/english/citizenship/cit-ceremony.asp
They will hand over his citizenship certificate which you can use to obtain a passport for him. His PR card needs to be surrendered during this time.
Having said that, I am going to raise another potential issue:
If your son obtains Cdn citizenship, his Indian citizenship will become void based on Indian law. If he wants to travel to Canada, Indian Emigration will ask to see his Cdn PR card or Cdn entry visa if he uses Indian PP, both of which cannot be produced as Cdn PR card would have been surrendered and visa cannot be obtained due to his Cdn citizenship. If your son obtains Cdn PP while in India, his "living or stay" in India may be questioned since he will no longer be considered Indian citizen and therefore must have an Indian visa/PIO/OCI (which he may not have right away).
Please think through this and make sure you obtain the right legal documentation while obtaining his Cdn citizenship.
The above issue can be eliminated by having him travel to Canada for the citizenship ceremony, obtain Cdn PP while in Canada and obtain Indian visa / PIO / OCI before returning to India.
OCI can be applied from within India.
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Dimple2001
I am working on bringing him here for the oath ceremony, but the time duration of getting Cdn PP and OCI is pretty long. To be on safer side, that will mean close to a year he will have to be here. 2-3 months I can still manage but 1 year I will not get temporary legal custody.
Location: Western Hemisphere
Posted on: 05-11-13 12:29:03
Quote:
Originally posted by Dhudsher
I am working on bringing him here for the oath ceremony, but the time duration of getting Cdn PP and OCI is pretty long. To be on safer side, that will mean close to a year he will have to be here. 2-3 months I can still manage but 1 year I will not get temporary legal custody.
His Indian PP will automatically become void upon acquiring Cdn Citizenship. Per Indian law, it is illegal to use Indian PP after Cdn citizenship. You could get a Cdn PP within few days, but you need to at least get him a visitor visa to travel back to India. I realize you are under a difficult situation, but please think through the requirements before acting on it.
While applying for the visitor's visa for India, they will ask for proof of landing in Canada (not PR card, but COPR), at least the most recent Indian PP of the parents and other documents. I am not sure if Indian mission will require you to get a renunciation certificate (additional money), but you'll need to be aware before you can send your son back to India.
Remember, India will not know that your son has acquired Cdn citizenship (until you apply for Indian visa), therefore there is always the temptation to travel on Indian PP despite its illegality.
I might be wrong, but I think 2 to 3 months may be enough time to apply for Cdn PP and Indian visa. Once in India, your son can avail of OCI if you choose (but that will require all sorts of documentation from you).
Plan the logistics carefully in order to avoid trouble and stress.
Best wishes.
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Dimple2001
Location: Western Hemisphere
Posted on: 05-11-13 12:33:03
The other option is for you to get your Cdn citizenship first and plan a more suitable time to apply for your son. Stagger the process to lessen the stress and work load.
Either way, you'll need to consider the lack of dual citizenship law of India in your planning.
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Dimple2001
