Moving back to Canada - with kids born overseas... advice!

Hi,

I'm Canadian, my British husband left me and our two (British born) children in January of this year. I'm looking into getting a divorce and moving back to Canada with the kids. The children are 2 and 3 years old. My husband is happy to see us go and will sign his approval so he can be free to be with his girlfriend.

I'd appreciate any advice on considerations - do the kids need Canadian passports (have British ones)? Do I need to apply for the kids residency?

We'll move to Ontario - anyone know when kids start school there (son will be 4 at the end of Sept).

I may need to apply for support for my first year, such as welfare? But will I be able to as I've not lived in Canada awhile?

Will the children and I be eligible for OHIP?

So much to think about... can't believe I'm in this awful situation...

Providing that Britain is treated different than Germany then you may not need anything. However from what I experienced with my German born son. You need to apply for a Canadaian Citizenship Certificate which can take up to a year or more before you can apply for Canadian passports. Mine took 6 months only because I registered him under my ALberta Health care.And so he had some ID in Canada. It is extremly advantageous for your kids to have Canadian passports. Talk with someone at the Canadaian embassy right away.

Coming to Canada and applying for social services even if you are a canadian citizen is not easy. I know if I brought my German husband over I would have to sponser him for 3 years and I would not be "allowed" to access the social services. The rules for Health care have recently in the last 6 months changed. But I suggest you talk with someone before you hope on a plane to Canada.

Sorry for your situation. I hope things work out.

Regardless of country of birth, your children are Cdn citizens, based on your Cdn citizenship (if you were born or natuarlized in canada). Eventually, you will need proof of this by applying for a Cdn citizenship card for them, but this is not urgent.

They (and you) will be accorded all the rights and benefits of any other Cdn citizen living in Canada.

Your children are Canadian citizens but to avoid hassles on your return I would apply for Canadian passports and Canadian citizenship for them ASAP. You can apply for them together (this is what I did) on the passport form where it asks for citizenship details (number etc) just put application submitted. They will issue you a temporary 6month passport for your children (this however can be extended if you do not receive the citizenship documents in this time). The passports are sent out pretty quick (within 6 weeks) and you can travel back to Canada on those. You will not be eligible for OHIP for 3 months and will need insurance to bridge you on your return. One of the most popular insurers for this purpose is www.canadasure.com As a Canadian citizen you will be entitled to welfare, but I think it will be a real fight to get it considering your situation. Do you not have any family or friends that you could stay with on your return until you sort your self out? I would also recommend putting the feelers out for jobs prior to moving back so that in the very least you can make some contacts.

A very useful place for further information is www.britishexpats.com look under the forum for Canada. There are Brits and alot of Canadians on there that have returned to Canada.

The passport is not urgent. Apply for citizenship card, which takes time, and enter with their birth country pasport.

As a Canadian citizen you will be entitled to welfare, but I think it will be a real fight to get it considering your situation

Nothing in their "situation" would make it more or les difficult to get Welfare. That are all canadians, regardless of how long they are in country.

Actually a passport is pretty urgent for the children if she is planing a move back to Canada. The OP will firstly have to prove to the airport authorities prior to leaving that her children have the right to fly into Canada and stay on their British Passports...although 'officially' they are able to do this it could cause alot of difficulties and explaining. Furthermore upon landing Canadian officials would like to see proof of Canadian citizenship and again although she can officially return with her children (provided the children's father agrees) this will subject to alot of questioning and difficulty that I am sure she would not like to endure after a 7 hour plane trip with 2 children. If you look at www.Britishexpats.com and search the forum for posts you will find many instances where returning Canadians have had difficulties upon departure or landing in the exact situation you descrive. As the Citizenship document and the passport can be applied for at the exact same time (Canadian High Commission London) there is absolutely no reason not to do so. In addition to this the Canadian Citizenship document takes a long time (mine took 16months out of the London High Commision) but the passport was issued in 3 weeks, allowing the OP to travel as soon as arrangements are sorted out in the UK.

The OP will also need a legal document from a solicitor stating that her husband is allowing her to remove her children from the country. Once again if you look at www.britishexpats.com you will find several others that have been in this exact situation.

The best resource that you can look at for Social assistance is: http://www.mcss.gov.on.ca/en/mcss/progr ... ility.aspx

Yes the OP is entitled to welfare as a Canadian Citizen...but as a returning expat everything is more difficult with the Canadian government. I have experienced this on multiple occasions having moved out of and returned to Canada 4 times. It took me a year of appointments, letter writing, form filling and telephone calls to get a replacement SIN Card after losing mine whilst living abroad for several years whereas my newly Resident Australian Husband with PR filled in one form and recieved his within 6 weeks. Go figure...I was the born and bred Canadian.

Thanks for the insight. Cdns resident in US do not have this passport-without-cit card option, but I have never heard of any US to Canada repatriations which had any issues with foreign-born children, and I'm very familar with those.

Unfortunately, losing your SIN was your problem.

It can take up to two years for you to recieve a Certificate of Citizenship through the Canadian High Commission in London. http://www.canadainternational.gc.ca/un ... x?lang=eng

Though when we applied for our son I received it within two months. But just a warning it can take up to a year or two. When we applied, I talked to the lady at the passport office and she mentioned that you can also apply for a temporary passport during that time, please look into this if you are wanted to move right away. I hope that helps! I hope things turn around for you and sorry to hear about the separation.

Jeff Lee