Since Canada changed its citizenship law last December, thousands of Americans have been discovering that they became U.S.-Canadian dual citizens overnight, as did their children.
If you’re an American with even one Canadian ancestor, no matter how many generations removed, you and your children are among the newly-minted U.S.-Canadian dual citizens.
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But what about your spouse? Can they come with you to Canada too? And what if you have a blended family?
Just because you’re a Canadian citizen by descent doesn’t mean your spouse or common-law partner automatically becomes one too. Canadian citizenship by descent follows bloodlines and adoption, not marriage.
Your Canadian citizenship gives your spouse options
With family sponsorship, your spouse and their children can benefit too, even if, like many U.S.-Canadian dual citizens, Canadian citizenship is only part of your back-up plan.
As a Canadian citizen, you can sponsor your partner and their children.
After you apply for and obtain proof of Canadian citizenship, you can sponsor your spouse* for Canadian permanent residency.
There’s no need to sponsor the children you have with your spouse: any children you and your spouse have together are also Canadian citizens by descent, and can simply apply for their own proof of Canadian citizenship certificates.
But what if you have a blended family?
Children from your spouse’s previous relationship do not automatically inherit your Canadian citizenship, but you might be able to sponsor them for permanent residency, too.
You’re allowed to sponsor your spouse’s dependent children: children under 22 years old, or older financially dependent children in certain cases, such as if they have a disability.
Once your family members become permanent residents of Canada, they will have the right to freely live, travel and work in Canada, along with the ability to become naturalized as Canadian citizens down the road.
*Even if you’re not legally married, you can still sponsor
- a common-law partner (you’ve cohabitated for at least 12 months); or
- a conjugal partner (you’ve been prevented from living together).
Requirements for sponsorship
To sponsor your family members, they must not have a criminal history, or overly-expensive medical conditions—either would violate Canada’s entry requirements.
You, the sponsor, must also meet certain eligibility criteria on your side.
First, you’ll need to apply for and get your proof of Canadian citizenship certificate.
To apply for this certificate, you will need documents to prove you have a Canadian ancestor in your family tree, and will need to include those in your application.
As of time of writing, processing for this certificate by the Canadian government takes ten months.
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Is having a certificate enough to sponsor?
You can’t just fire off your sponsorship application. To sponsor your family members, you must either be living in Canada, or show that you plan to live in Canada when your family member becomes a permanent resident.
You’ll also need to be 18 or older, and commit to financially supporting your family member(s) for the required time period.
So, if Canada is your backup plan, as it is for many U.S.-Canadian dual citizens, you’ll apply for proof of citizenship now, knowing that you can apply for sponsorship later.
If you’re sponsoring family members and plan to settle in Quebec, you’ll need to meet different requirements, and should expect a longer timeline.
Getting proof of Canadian citizenship
To begin the process, you must submit an application for proof of Canadian citizenship. If you use a representative, they can prepare and submit the application on your behalf.
If your representative is paid, they must have legal authorization, which requires being licensed as a lawyer or consultant with the appropriate Canadian authorities.
The application will need to include proof that you had an ancestor who was a Canadian citizen. Examples of documents that prove this include birth certificates, citizenship certificates, baptismal records, or even Canadian census records.
You’ll most likely be required to submit a paper application, rather than applying online.
Once your application is approved and you receive your Canadian citizenship certificate, you or your representative can start the process to sponsor your spouse and, if you’re in a blended family, any of your spouse’s dependent children.
Obtaining proof of Canadian citizenship as a U.S.-Canadian dual citizen will not expose you to any tax obligations: unlike the U.S., Canada does not impose any taxes on the basis of citizenship.
Plan in advance to avoid delays with family sponsorship
There are two main things that can trip up family sponsorship applications: criminality, and expensive medical conditions. Either can lead to refusal of your sponsorship application.
You can take advance steps to address both issues.
If a family member you may wish to sponsor has a criminal record, act as soon as possible.
Your family member or their representative will need to assess that record in view of Canadian law, and take steps to remediate it if necessary, such as applying for criminal rehabilitation.
You don’t need to wait to get your citizenship certificate: your family member and their representative can get to work right away on overcoming criminality, which can often take a year or longer.
If your family member(s) have any medical conditions, they should begin keeping detailed records immediately, if they haven’t already.
Family members you sponsor will be subject to medical assessments, and there are many conditions that can lead to refusal.
If your family member(s) can show detailed records with consistent treatment for their condition(s), they’ll be better equipped to reduce the risk of refusal.
Unsure if you are eligible for Canadian citizenship by descent? You can always visit CanadaVisa’s citizenship by descent calculator.
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