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L-001-06-H · Aug 13, 2007, 12:53 AM

First off, hello and thank you for your time and thought.

I'm currently planning on moving to canada in one year, I will be 18 by then and my sister lives up there. I need information on what is entailed with transferring my citizenship from united states citizen, to canadian citizen, as well as where and how to do so.

I have no criminal record (nor will I at that time), I have one traffic ticket that is FULLY resolved, I am not currently bound to military service, and upon feb. 27, will be legally able to leave the country unmonitored.

I'll also be needing information on what I will need to study on for immigration tests, as well as any other procedures and/or requirements for becoming a canadian citizen.

Again, thanks for your time, thanks for reading, and thanks for a response. Much appreciated.

Lowtax4eva · Aug 13, 2007, 08:18 AM

You can't "transfer" citizenship from one country to another or decide you want to move to Canada for a year for no reason.

The only way you can move to another country for longer than 6 months (legally) is to get a job with a Canadian company, enroll in a Canadian school, marry a Canadian citizen or get sponsored by a Canadian Citizen.

Your sister cannot sponsor you to move to Canada, but how is she in Canada? Do you have any other relatives in Canadan that can help? You can visit Canada for up to 6 months without filing an papers since you are from the US, you will have to bring bank statements to prove you have enough money to live on for 6 months though.

Sponsoring Your Family: Eligible Relatives - Who can Apply

Lowtax4eva · Aug 13, 2007, 08:21 AM

Why thanks Curly

BMI · Aug 13, 2007, 09:42 AM

LOL... 77.6% of statistics are made up, I soooooo believe that:)

Anyway, if lowtax is an american expert than I am the canadian equivalent here in canada. You cannot transfer citizenship and lowtax is correct on how you may be able to come to Canada. The fact that your sister is here is a great help when applying for PR in Canada, as well as any other family members currently in Canada. Depending on your schooling and other factors you have MANY options in terms of coming to Canada and becoming a PR then a citizen.

As for tests, that's only upon citizenship, remember you have to become a Permanent Resident and then a Canadian citizen years later, then you can start studying:)

Lowtax4eva · Aug 13, 2007, 10:06 AM

Actually the term "American Immigration Expert" is the only one they had and should be North American (Canada and US), I'm actually from Canada and used to work for customs and immigration for 6 years.

In any case, actually she cannot apply for permanent residence based on the information above, a sister/brother cannot sponsor a sibling to become a permanent resident of Canada. I asked if there were other relatives because if a parent or grandparent is in Canada they could sponsor.

She can come in as a visitor or get another type of temporary visa (workers, students) but in normal cases neither of these 3 option will get you the right to aply for permanent residence and eventual citizenship.

BMI · Aug 13, 2007, 10:10 AM

Thanks for the clarification, although American Immigration expert sounds like a very suitable title.

Based on the information above she can indeed apply for Permanent residence in Canada, just not through the sponsorship provisions, I asked if she had family members in Canada for entirely different reasons, although yes for sponsorship too:)

Lowtax4eva · Aug 13, 2007, 10:17 AM

Sorry but that's not correct, family based sponsorship is the only option for her, and if her sister, an ineligible sponsor, is the only family member in Canada there are no other options for permanent residence.

See the link below, there are 5 categories for permenent residence. 4 are based on being a skilled worker, an entrepreneur with enough money to start a business in Canada and a Provincially selected skilled worker. Lets say at 17 all these 4 options are not applicable.

Again, if there isn't an eligible sponsor all the OP can apply for is a temporary visa in onbe of the applicable categories.

Immigrating to Canada

BMI · Aug 13, 2007, 10:22 AM

Please allow me to retort,

THERE ARE other options for permanent residence in CANADA. You are only looking at the TYPE of classes, Family class, skilled worker and so forth. Many a sponsorship has fallen through, is that to say if this young lady cannot be sponsored by anyone she will forever be prevented from gaining PR in Canada save her qualifying down the road for a sponsorship, not so.

Lowtax4eva · Aug 13, 2007, 10:28 AM

If you have information that contradicts what I'm posting please post a link to the CIC website, don't just reply saying I'm wrong.

Also I don't fully understand your last post, specifically this "Many a sponsorship has fallen through, is that to say if this young lady cannot be sponsored by anyone she will forever be prevented from gaining PR in Canada save her qualifying down the road for a sponsorship, not so."

Please let me know what the meaning of the above was supposed to be. It sounds like you were agreeing that she can't ever get PR through family sponsorship (which is true) and then you added "not so"

Also yes, I was only looking at the 5 classes, there are indeed sub-classes for each one. 4 of the 5 are not applicable, leaving her only option being family class. All I said was so far with the posted information she can't apply under family class either, a sister is not allowed to be a sponsor, it must be a parent, grandparent or spouse.

BMI · Aug 13, 2007, 10:35 AM

I am not posting CIC material because, if you know, CIC is a general website with rather basic information for people who wish to apply by themselves, it does not disclose relevant laws or options to certain circumstances, being an "expert" in the field such as you are I highly doubt you would be getting your information from the CIC website, perhaps a quick review of the IRPA and regulations would serve you better.

As for the statement, I apologize if it was not clear. You mentioned before that sponsorship was the only option available to this young lady, I was asking you that if she is not eligible to be sponsored what would you have her do?? Are you suggesting that she cannot apply for PR in Canada if she cannot find a qualified sponsor? Obviously you are saying that because you are searching CIC website for answers to this question, if that be the case, yes I am saying you are wrong.

Please do not take these posts as insulting in the least, it is a debate between two people and if I am wrong I will tip my hat to you.

Lowtax4eva · Aug 13, 2007, 10:45 AM

The IRPA are the laws that CIC operates under, in general these are all covered on the CIC website and made a little easier to read through. If you can find another application class where she could apply under in the IRPA I will agree I was wrong.

For the moment with the information I have access to and general knowledge, yes I am saying if she doesn't find an eligible sponsor she can't ever get PR. The OP can come to Canada and visit on a 6 month visitor visa.

Not everyone can get PR, there are many applications denied per year and many people that simply can't apply because there is no reason for them to come to Canada.

BMI · Aug 13, 2007, 10:49 AM

WONDERFUL, Check out S.25(1) of the IRPA. That should answer the question. Let me know what you think.

Lowtax4eva · Aug 13, 2007, 10:59 AM

That is stretching it a bit, that's the expemtion for humanitarian and compasionate reasons. If the poster is trying to get into Canada to live with the sister under this provision she would have to have a pretty good reason why she HAS to go to the US and can't remain with her parents in the US.

This would be for things like the parents are unfit and there aren't any other US relatives so she wants to live with the sister (or some similar reason). It might be worth a try but this is really grasping at straws here I would definitely not try wthis without an immigration lawyer.

Let's say I will agree that this expemtion is possible but she's got to come up with a damn good reason, from what I read she simply "wants" to go, she has to show an un-deniable NEED to leave the US

Lowtax4eva · Aug 13, 2007, 11:28 AM

Originally Posted by BMI

I am not posting CIC material because, if you know, CIC is a general website with rather basic information for people who wish to apply by themselves, it does not disclose relevant laws or options to certain circumstances, being an "expert" in the field such as you are I highly doubt you would be getting your information from the CIC website, perhaps a quick review of the IRPA and regulations would serve you better.

As for the statement, i apologize if it was not clear. You mentioned before that sponsorship was the only option available to this young lady, i was asking you that if she is not eligible to be sponsored what would you have her do????????? Are you suggesting that she cannot apply for PR in Canada if she cannot find a qualified sponsor? Obviously you are saying that b/c you are searching CIC website for answers to this question, if that be the case, yes i am saying you are wrong.

Please do not take these posts as insulting in the least, it is a debate between two people and if i am wrong i will tip my hat to you.

I also wanted to come back to this post. I post links to CIC because CIC is the government agency people will be dealing with, their information is also clear and well organized compared to the IRPA which is less "user friendly" if your not familiar with reading lengthy legal documents.

Your statement "CIC website is for those who want to apply themselves" is accurate but even those who hire a lawyer will still deal indirectly with CIC, and the information on the website is no less accurate.

Are you an immigration lawyer, you obviously know what your talking about?

L-001-06-H · Aug 13, 2007, 12:03 PM

Well, first off, I'm a guy... second, I'm going to be 18 by that time, and I have no other family ties up there besides my sister, her cousin however (of whom I'm not biologically related) has family that would help, though I'm not sure how that "sponsorship"works.

I looked in to the CIC website, what I have is the VERRY narrow IDEA (nothing more at this point) that I MIGHT be able to go up there on a "letter of invitation," get a work permit "upon entering canada" for a low end job, one wich does not require a check with HRSDC, and I might be able to work up there for a year, my reason for being there, being work... after that, I'll be ellagable for the "skilled worker" class immigration requirements, and can go for PR... however, I'm not quite sure how that would work, as the result of the 6 month visitation limit..

I looked into it, I won't need a temporary resident visa to "visit," just a passport and such wich I can get no problem...

If I get a job lined up ahead of time, that does NOT require HRSDC signatures, (since I am an american citizen) I should be able to get a work permit... with that, would it be possible (without having a full year of full time "work-experience" to "visit" for longer than 6 months (and get that full year of full time up there)?

Again, thanks for your time, effort, patients, and no need to apologize for the gender misunderstanding.

Lowtax4eva · Aug 13, 2007, 12:15 PM

There aren't any jobs you can apply for without a work permit. Aside from these below and under the table jobs.

Skilled worker class is for technical jobs in high demand (usually requiring a university diploma), you can check on the CIC website the jobs that are applicable.

Why exactly do you want to come live and work in Canada for a year though? As your American you don't need a letter of invitation but it couldn't hurt.

Working temporarily in Canada: Jobs that do not require a work permit

Lowtax4eva · Aug 13, 2007, 12:21 PM

An extra thing I should have added, for skilled workers there are 100 points they grade your application based on, check the link below and read through it, if you score 67 or higher you should get it.

Skilled Workers and Professionals - Six selection factors and pass mark

BMI · Aug 13, 2007, 01:01 PM

H&C is no stretch my friend, also, it IS considered a PR application like all the rest, if done properly the chances of success are fairly high actually, much to the surprise of most in the field. I believe our disagreement originated out of PR applications, so technically it flies. All other points I tend to agree with you more or less, although this has been quite enjoyable and informative to those with problems pertaining to immigration.

To answer your last question, I am an Immigration consultant, I have been to law school but much preffered specializing in the immigration field, I find it facinating and you get to work with many different cultures.

BMI · Aug 13, 2007, 01:05 PM

In response to the GUY that posted the question. You can spend many hours on CIC trying to figure out your best option or what you may or may not be able to do, when you consult with representation it is their job to make those decisions based on the information provided. I always tell my clients to tell me what (ideally) they wish to accomplish, then we get the facts straight and devise the best possible route to take. I cannot possibly advise you based on the information provided in terms of what your best chances are, if your serious about it than you will be ableto educate yourself and seek representation when you are ready to come:)

Hope it helps

Lowtax4eva · Aug 13, 2007, 01:06 PM

I always like working in the field too, I work more on the customs side for private companies but agreed.

And yes, if a good lawyer took the case they could make a good H&C case if they can show reasons remaining in the US with relatives is / would cause hardships. I've not seen many H&C cases myself but most of the ones filed by individuals are frivilous and rejected, my assumption is the more complete and better researched ones are passed higher up as I saw very few.