# Are my children 'illegal' in Canada??



## will0w (Apr 25, 2014)

Hello all,

I am an Australian citizen - I have 3 children born in Australia, 2 of which are to my Canadian Citizen husband (they are 3 and 5 years old).

We moved from Australia to Canada in a bit of a rush. We have been here almost one year.
Myself and my children entered Canada on Tourist/Visitor Visas initially. Once we arrived I applied for 'proof of citizenship' for my 2 youngest children since I believed they were 'Canadian' and we just needed the paperwork to prove it. The forms were lodged last July (2013) - I received a letter from the Immigration department in January saying there was a delay with one of the children's application - and that's it ... nothing since. It is now late April (2014). 

The 2 children's tourist visas have long expired, however they are attending pre-school/daycare - they have health cards and we receive social assistance from Federal and Quebec - they are 'fully in the system here'. I have been granted a temporary SIN and receive federal child benefits.

I have separately applied for my husband to sponsor me and his step daughter through the family visa programme and also applied for an open work permit at the same time. We have not left the country since arriving last year, however I have maintained my and my eldest daughter (10) tourist visas - have extended once and am soon to extend it again - I think (but also believe I have 'implied status' now).

My question stems from this: I call the immigration department to follow up on the Citizenship certificate processing and the person on the line told my that I should leave th country with my children immediately as they are here illegally - since I did not renew their tourist visas - which expired over 6 months ago. I explained to her that they are 'Canadian' by birth right and are 'in the system here' with health cards etc - and she just said 'angrily' "well Idont know about that ... they are illegal and you must leave th country (and you won't get back in) .. " type of thing!! I went white as a sheet! 

Are my small children, born to a Canadian in Australia, now living in Canada without a tourist visa and a citizenship certificate processing illegal?

I am worried and confused and annoyed all at once! 

Many thanks in advance for your replies.


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## xRaeVen (Apr 25, 2014)

will0w said:


> Are my small children, born to a Canadian in Australia, now living in Canada without a tourist visa and a citizenship certificate processing illegal?


I've heard of people within Canada having an American parent and thus an american social number or health care number (or whatever it was called) themselves as the child, yet were only Canadian. That being said, they hadn't attempted to immigrate to the States. I guess it's a toss up, I personally wouldn't imagine your children would be "illegal," since your husband is Canadian; he should be able to sponsor them as his dependents. 

That would be my first go to, second being that any work visa you acquire should have an area relating to your dependents/spouse and what visas for them. Whether they need to leave the country or not to be allowed back in to stay under a visa other than your currently expired ones for them, I honestly don't know.

As a side note, I live in an area where many many people come in with their families from foreign countries for work. (Seriously, white people are becoming the minority in this town) Many of them end up as citizens after so many years, some marrying citizens within the country. The only factor working against you would be that your children were born in Australia instead of Canada, but again, he should be able to sponsor them fairly easily as they are his dependents. I am sorry to hear about the anger woman on the phone; not everyone understands all the facets of their job and become focused on a fact they believe is correct but is either false, misunderstood or incorrect to the situation. Regardless, it was no reason to take any tone with you and I hope you don't experience that again.


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## Liam(at)Large (Sep 2, 2012)

This is obviously an odd situation, theoretically they are Canadian citizens by birth, but without proof (and these claims can be declined) they are currently not recognized as such. Therefor, yes, without proof of Canadisn citizenship, your children are illegally in Canada and theoretically you should leave before they are deported. There is no requirement for legal status in Canada for them to attend school, it's irrelevant, so the fact that they are enrolled in school doesn't matter much. I would contact my local Member of Parliment (MP) and ask for assistance on your proof of citizenship applications and current (il)legal status in the country.


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## beatitboss (Apr 1, 2014)

Hi there,

Your children are Canadian if their father declared them at the Canadian Embassy/Consulate upon their birth.

Canada does not investigate what its citizens do abroad and how many children they have. 

Hence it's their parents' obligation to declare them so that they can become Canadian citizens.

I am saying so as a son of a Canadian citizen being born in Europe. My father had to declare me when I was born and I immediately received and Proof of Citizenship and a passport.

Again; if you husband has not declared them - they are aliens and will not be considered as citizens of Canada.

Now; provided that they are still under 18 you husband should immediately see the Department of Immigration wherever you live in Quebec and apply for citizenship on behalf of his children saying that he hasn't done so previously and that he wants to fix it now.

On the other hand you should clarify you status too otherwise you'll be removed from Canada and likely won't be admitted again.

Together with your husband you should apply for a sponsorship visa i.e.: your husband needs to fulfill a couple of relatively easy criteria so that you can obtain residency and settle in Canada with full working rights.

Sponsor your spouse, partner or children


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## beatitboss (Apr 1, 2014)

On top of that it is totally irrelevant whether your children go to school or not. At the same time SINs don't meant much and the fact that you are integrated is not an argument either. Nobody would listen to that.

Hence, do not call the Dept of Immigration any more because it is not useful any more at this stage.

Number one thing is to get your father to recognise your children before the Immigration Dept so that they can receive citizenship and become trouble-free till the end of their lives.

Secondly you should apply for sponsorship so that you can work/live in Canada without issues.

However processing takes some time and the fact that you have heavily overstayed your visa won't play in your favor. 

Consequently I would recommend not to go to the Department yourself as you potentially face detention and removal from the country. Do not forget that you are an illegal alien and that they can arrest and send you back to Australia at any time.

Hence I would recommend to get a wise lawyer who will help you obtain a kind of a bridging visa so that you can stay in Canada while you sponsorship application is being approved.

In addition to that (if something goes wrong along the way) you can contact a local MP - I would go for a Labor sort of guy who will advance your cause and help you stay in his jurisdiction before you obtain you permanent residency.

Start doing it immediately as otherwise you face the possibility of your family being separated as you might be deported.

Once again - get your husband to recognise your kids so that they can continue going to school and living in the country as citizens.

Secondly - do not call the department, go through their website and try to find a solution but generally there is no solutions for overstayers SO - see an attorney, get a temporary visa, apply for sponsorship and never do it again.

I didn't want to scare you but Canada has very specific laws and everybody must accept them. Otherwise you'll learn very quickly that law enforcement is very efficient there...

Cheers,


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