Baby born outside of Canada

[prak11]

Hello All,

I'm a Canadian citizen and my wife is an Indian citizen with Canadian PR currently LIVING IN India. We are expecting a kid soon. I want some information regarding citizenship so that I can take an informed decision. Any inputs is greatly appreciated.
If we choose Indian citizenship for the Kid
(1) Do we need to let Canadian immigration authorities know about it ? Is there any registration process for the same ?
(2) Based on what I read online, since the kid is born to a Canadian father it automatically gets Canadian nationality. Some point later in time (say like after 18 years) if the kid wants to take Canadian Passport, is it possible ? Is it just a matter of applying for Citizenship certificate and Passport ?
(3) Does the kid at any point in time (like say within 20 years) need to register with the Canadian immigration authorities to retain the citizenship ?
(4) If we choose Indian citizenship the kid cannot travel to Canada on Indian Passport. The kid has to renounce the Indian citizenship and apply for a Canadian Passport in order to travel to Canada. But the kid can travel to any other country like USA with Indian Passport. Is this Correct ?
(5) Any other things we need to be aware of ?

If we choose Canadian Citizenship
(a) Do we need to let Canadian immigration authorities know about it ? Is there any registration process for the same ?
(b) Can we apply for Citizenship Certificate and Passport anytime we want ?
(c) How do we apply for OCI card ? Is there a timeframe within which we need to apply
(d) Any other things we need to be aware of ?

Thanks in advance

 

[hawk39]

Based on my research, there are different rules for citizenship at birth, depending on where the child is born. I will assume that you are planning to have your child be born in India.

If we choose Indian citizenship for the Kid
(1) Do we need to let Canadian immigration authorities know about it ? Is there any registration process for the same ?
(2) Based on what I read online, since the kid is born to a Canadian father it automatically gets Canadian nationality. Some point later in time (say like after 18 years) if the kid wants to take Canadian Passport, is it possible ? Is it just a matter of applying for Citizenship certificate and Passport ?
(3) Does the kid at any point in time (like say within 20 years) need to register with the Canadian immigration authorities to retain the citizenship ?
(4) If we choose Indian citizenship the kid cannot travel to Canada on Indian Passport. The kid has to renounce the Indian citizenship and apply for a Canadian Passport in order to travel to Canada. But the kid can travel to any other country like USA with Indian Passport. Is this Correct ?
(5) Any other things we need to be aware of ?

1. No.
2. Yes. Yes.
3. No.
4. Yes.

If we choose Canadian Citizenship
(a) Do we need to let Canadian immigration authorities know about it ? Is there any registration process for the same ?
(b) Can we apply for Citizenship Certificate and Passport anytime we want ?
(c) How do we apply for OCI card ? Is there a timeframe within which we need to apply
(d) Any other things we need to be aware of ?

1. You let them know by applying for your child's citizenship certificate.
2. Yes.
3. Assuming your child is born in India, your child will be considered a citizen at birth by India and will not be eligible for OCI until he/she is no longer an Indian citizen. When that time comes, visit https://ociservices.gov.in/ for more information on applying for OCI.

In my opinion, if it is possible, have your child in Canada and apply for OCI. The only restrictions are that the OCI holder cannot vote, cannot be employed in or run for public office, or buy land; issues that should be not of concern for a child. If your child should decide as an adult to be an Indian citizen, the 5-year residency requirement for an OCI holder for registration is shorter than that of a someone applying for naturalization, which requires a 12-year residency.

 

[canvis2006]

If possible have your wife deliver baby in canada……get automatic citizenship then. Get birth certificate and then passport
Then you can do the indian citizenship thingy etc
Healthcare services are better in Canada than India (for children birth) I’m sure. Besides it is pretty much covered under healthcare card

 

[prak11]

@hawk39 and @canvis2006 Thank you very much for the replies.
I have relocated back to India due to family reasons and cannot move back to Canada during the middle of pregnancy since I do not have any connections or job there now. So the only option is giving birth in India.

"Assuming your child is born in India, your child will be considered a citizen at birth by India and will not be eligible for OCI until he/she is no longer an Indian citizen. When that time comes, visit https://ociservices.gov.in/ for more information on applying for OCI."

I think the moment we get Canadian Citizenship Certificate and Passport, the kid will cease to be an Indian and citizenship has to be renounced.

I noticed that in India on Birth Certificate they are asking for Nationality. Is it safe to provide as Canadian without Citizenship Certificate? Ideally it would be best to obtain the Canadian Citizenship certificate and then enter the nationality in the Birth Certificate. The other option would be to enter Nationality as Indian in Birth Certificate and later down the line get the Canadian Citizenship certificate. Let me know your suggestions on this

 

[PMM]

Hi

@hawk39 and @canvis2006 Thank you very much for the replies.
I have relocated back to India due to family reasons and cannot move back to Canada during the middle of pregnancy since I do not have any connections or job there now. So the only option is giving birth in India.

"Assuming your child is born in India, your child will be considered a citizen at birth by India and will not be eligible for OCI until he/she is no longer an Indian citizen. When that time comes, visit https://ociservices.gov.in/ for more information on applying for OCI."

I think the moment we get Canadian Citizenship Certificate and Passport, the kid will cease to be an Indian and citizenship has to be renounced.

I noticed that in India on Birth Certificate they are asking for Nationality. Is it safe to provide as Canadian without Citizenship Certificate? Ideally it would be best to obtain the Canadian Citizenship certificate and then enter the nationality in the Birth Certificate. The other option would be to enter Nationality as Indian in Birth Certificate and later down the line get the Canadian Citizenship certificate. Let me know your suggestions on this

1. No decisions on citizenship until the child is 18 can't renounce until then, so got proof of Canadian citizenship

 

[prak11]

Hi PMM,

"1. No decisions on citizenship until the child is 18 can't renounce until then, so got proof of Canadian citizenship"
I don't quite understand what you mean by this ?

Is it possible that in the Birth Certificate I can give the Nationality of the Kid as Indian ? Later on say couple of years from now, if we want to move back to Canada, we can apply for Citizenship Certificate and Passport ?

I have explained my situation above. Also do we need to inform any Indian authorities (like CIC equivalent) that I'm a naturalized Canadian and my wife is an Indian and that the kid has claim to Indian citizenship and that Birth Certificate has Nationality as Indian ? Do you know ?

 

[DesiPikachu]

Your child has access to two citizenships after birth: Indian citizenship by birth through his mother (Section 3 of the Citizenship Act, 1955) and Canadian citizenship by descent through you.

Read these pages for further information:

Canada

• https://en.wikipedia.org/wiki/Canadian_nationality_law
• https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0001-application-citizenship-certificate-adults-minors-proof-citizenship-section-3.html
• https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=365
• https://travel.gc.ca/travelling/children/birth-abroad
• https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/child-passport/abroad.html

India

• https://en.wikipedia.org/wiki/Indian_nationality_law
• https://indiancitizenshiponline.nic.in/acquisition1.htm
• https://indiankanoon.org/doc/1935787/
• https://eoi.gov.in/eoisearch/MyPrint.php?0815?001/0005

Why don't you guys give birth in Canada? It's free as you're a Canadian citizen and your wife is PR. It's okay to fly 2 weeks after giving birth. Realistically you'll only have to live in Canada for 3 weeks (1 week pre-birth and 2 post-birth).

Do note that your child will not be be able to give their kids (your grandchildren) Canadian citizenship by descent if your kid is born outside of Canada. Indian birthplace will also make it extra hard for them to immigrate to USA, if they ever desire as America only cares about place of birth.

 

[canvis2006]

Since child will be Canadian due to father, its not an issue writing canadian in the indian birth certificate……it’ll make it easier later no? OP you should find out if they allow writing canadian in the birth cert in india where you are…..

i think what PMM wrote was in regards to canadian citizenship of the child…..child cannot renounce cdn citizenship until age 18(adult).
Anyway best wishes for them. Hopefully everything goes well.

 

[prak11]

Your child has access to two citizenships after birth: Indian citizenship by birth through his mother (Section 3 of the Citizenship Act, 1955) and Canadian citizenship by descent through you.

Read these pages for further information:

Canada

• https://en.wikipedia.org/wiki/Canadian_nationality_law
• https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0001-application-citizenship-certificate-adults-minors-proof-citizenship-section-3.html
• https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=365
• https://travel.gc.ca/travelling/children/birth-abroad
• https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/child-passport/abroad.html

India

• https://en.wikipedia.org/wiki/Indian_nationality_law
• https://indiancitizenshiponline.nic.in/acquisition1.htm
• https://indiankanoon.org/doc/1935787/
• https://eoi.gov.in/eoisearch/MyPrint.php?0815?001/0005

Why don't you guys give birth in Canada? It's free as you're a Canadian citizen and your wife is PR. It's okay to fly 2 weeks after giving birth. Realistically you'll only have to live in Canada for 3 weeks (1 week pre-birth and 2 post-birth).

Do note that your child will not be be able to give their kids (your grandchildren) Canadian citizenship by descent if your kid is born outside of Canada. Indian birthplace will also make it extra hard for them to immigrate to USA, if they ever desire as America only cares about place of birth.

Hello DesiPikachu,
Thanks for the information. I live and work in India now and I do not have a job in Canada. We won't be able to fly there, give birth and come back. How will health insurance work ? I also understand Canadian citizenship by descent is limited to 1 generation.

 

[prak11]

Since child will be Canadian due to father, its not an issue writing canadian in the indian birth certificate……it’ll make it easier later no? OP you should find out if they allow writing canadian in the birth cert in india where you are…..

i think what PMM wrote was in regards to canadian citizenship of the child…..child cannot renounce cdn citizenship until age 18(adult).
Anyway best wishes for them. Hopefully everything goes well.

Thank you very much. I think in the Birth Certificate we can write Indian since the Kid is also an Indian. Later if we always apply for Canadian Citizenship certificate and Passport, we can get an Indian OCI card.

 

[akbardxb]

Hello DesiPikachu,
Thanks for the information. I live and work in India now and I do not have a job in Canada. We won't be able to fly there, give birth and come back. How will health insurance work ? I also understand Canadian citizenship by descent is limited to 1 generation.

If I may add, you don't know how the laws regarding citizenship and immigration will be written / rewritten in the future when your child is 18. How immigrant friendly will future Canadian governments be or what if the law changes and citizenship by descent is no longer valid with or without retrospective effect.

Since your child is eligible now for Canadian citizenship, consider him/her as one and get the child the necessary documents for that. A bird in hand is worth two in the bush

 

[prak11]

If I may add, you don't know how the laws regarding citizenship and immigration will be written / rewritten in the future when your child is 18. How immigrant friendly will future Canadian governments be or what if the law changes and citizenship by descent is no longer valid with or without retrospective effect.

Since your child is eligible now for Canadian citizenship, consider him/her as one and get the child the necessary documents for that. A bird in hand is worth two in the bush

Thanks for the suggestion. I will definitely take that in to account.