Post-U.S. Election; So You Want to Move to Canada...
With the results of the most recent United States election, there has been a surge of inquiries from concerned Americans and US Temporary Residents about their options for immigrating to Canada. Moving to Canada is not possible for everyone, but could be a viable option for some. Please see below for some of the scenarios where relocating to Canada may be an option, and please feel free to contact us to make an appointment for information and advice specific to your situation.
Do you have a Canadian parent?
Depending on how and when your parent became Canadian, you may already be a Canadian citizen. Before you can move, however, you will need to apply for proof. If your biological parent was born in Canada, you would be considered Canadian from birth. If your parent was granted Canadian citizenship before you were born, the same would be true. If your parent acquired Canadian citizenship after your birth, you would likely need to look at alternative routes to resettling in Canada.
Do you have a Canadian grandparent?
If so, you may be eligible for Canadian citizenship and all the rights and privileges associated with it, after the anticipated changes to the Citizenship Act are in place. Currently, Canadian citizenship laws only confer citizenship to the first generation born outside of Canada. However, our courts recently ruled that the ‘one generation rule’ was arbitrary and unconstitutional. As of right now, it is not possible to apply for Canadian citizenship through your grandparents, unless you could demonstrate an ‘urgent need.’ Until the new Act comes into force, we will not know for certain who may be entitled to claim Canadian citizenship through their Canadian grandparents. We are anticipating that anyone whose parent was Canadian at the time of their birth (no matter how they became Canadian) could have a claim, however, only time will tell!
Do you have a Canadian or Permanent Resident spouse or partner?
Canadian citizenship is automatically conferred to children born in Canada, or to Canadians born abroad in the first generation. However, romantic partners are not automatically granted citizenship. Canadians can apply to sponsor their common law, conjugal, or married partners for permanent residence status. Applicants would be assessed based on eligibility criteria like whether your Canadian partner qualifies to sponsor, the nature of the relationship, and whether you meet the statutory definition of spouse. All applicants for permanent residence must meet an admissibility criteria. This includes an assessment of their criminal record, their immigration history and their health. This application can be initiated no matter where you live in the world if your partner is Canadian , but for permanent residents sponsoring their spouses, sponsors must be residing in Canada throughout the application. If successful, foreign national spouses would be given status as a Permanent Resident, which grants the right to live and work in Canada and is the critical first step in becoming a Canadian citizen.
Does your partner have Canadian parents or grandparents?
If so, your spouse may be a Canadian citizen. They could apply for a Certificate of Citizenship as detailed above, and then sponsor you as their partner, which is a path to Permanent Residency and eventually, citizenship.
Do you have a Canadian child or grandchild?
Parental sponsorship exists in Canada, but it is narrow in scope and randomly decided. Any Canadian citizen or permanent resident can apply to sponsor their foreign parents or grandparents, but there is a limited annual lottery in which invitations to apply are given out. In 2024, this number was capped at 20,500 complete applications which is quite low considering how many enter the lottery. The pool to enter your name in the lottery has not been opened since 2020.
Do you have a job offer from a company operating in Canada?
If so, there are a variety of economic paths to permanent or temporary residence in Canada through the Express Entry system, and/or the Provincial Nominee Program. These can include offers for any job, but different provinces have different labour needs and place a priority on medical professions, specific trades, construction, and others. Not all job offers will open the door to moving to Canada; it’s a really good idea to speak with an immigration lawyer to learn more.
Do you wish to continue your education in Canada?
If so, you can apply for a study permit to study in Canada. Depending on what academic program you pursue, how you perform, and whether you graduate, you may be able to apply for a Post Graduate Work Permit. This allows foreign nationals the right to live and work in Canada for a limited time, and accrue work experience that may count towards future applications for Permanent Residence.
