Is the child Canadian?? help :)

[fifi42]

Hello, Im asking on behalf of my sister. We are both 3rd generation Canadian citizens born outside Canada. Shes just had a baby in the UK and is hoping to move here with her (non Canadian) Husband and baby. I have been reading different things about this and cant seem to get through to the Immigration in Vancouver. I live in BC. My question is...Is the baby Canadian? Will she be able to come to Canada using his British Passport and apply for his citizenship here? Thanks in advance for your help

 

[hawk39]

I think citizenship by descent is only passed down if your sister was born or naturalized in Canada; so if your sister was naturalized in Canada, then yes, her child would be considered first generation born abroad and a Canadian citizen by descent.

I'm wondering, outside of naturalization, how third generation born abroad would be considered citizens because before 2009, I think citizenship by descent was only granted up to the second generation born abroad. I read that the current first generation limit is exempted for another generation if the original generation served in the Canadian armed forces or was a Crown servant, so perhaps this rule was also extended to the third generation before 2009?

The only way to be sure is for your sister to apply for her child's citizenship certificate.

 

[canuck_in_uk]

Hello, Im asking on behalf of my sister. We are both 3rd generation Canadian citizens born outside Canada. Shes just had a baby in the UK and is hoping to move here with her (non Canadian) Husband and baby. I have been reading different things about this and cant seem to get through to the Immigration in Vancouver. I live in BC. My question is...Is the baby Canadian? Will she be able to come to Canada using his British Passport and apply for his citizenship here? Thanks in advance for your help

As your sister was born outside of Canada to a Canadian parent, no, her child is not a Canadian citizen. She needs to apply to sponsor her husband and include the child in the application as a dependent. As soon as the child becomes a PR, she can apply for his citizenship.

 

[canuck_in_uk]

I think citizenship by descent is only passed down if your sister was born or naturalized in Canada; so if your sister was naturalized in Canada, then yes, her child would be considered first generation born abroad and a Canadian citizen by descent.

I'm wondering, outside of naturalization, how third generation born abroad would be considered citizens because before 2009, I think citizenship by descent was only granted up to the second generation born abroad. I read that the current first generation limit is exempted for another generation if the original generation served in the Canadian armed forces or was a Crown servant, so perhaps this rule was also extended to the third generation before 2009?

The only way to be sure is for your sister to apply for her child's citizenship certificate.

The second generation born abroad rule was introduced in 2009. There was no such rule prior to that.

 

[blueangel371115]

http://www.cic.gc.ca/english/citizenship/rules/index.asp This may help. Either answer the questions for her/ the child or have her do it. But, at first blush, I don't believe the child is automatically a citizen.

 

[hawk39]

The second generation born abroad rule was introduced in 2009. There was no such rule prior to that.

Ah OK. It was just the way the topic creator worded his/her post, and I interpreted it as saying that he/she and his/her sister were third generation citizens by descent (i.e. their parents and grandparents were also born abroad and citizens by descent), rather than they themselves are the first in their family to have been born abroad.

 

[alphazip]

Hello, Im asking on behalf of my sister. We are both 3rd generation Canadian citizens born outside Canada. Shes just had a baby in the UK and is hoping to move here with her (non Canadian) Husband and baby. I have been reading different things about this and cant seem to get through to the Immigration in Vancouver. I live in BC. My question is...Is the baby Canadian? Will she be able to come to Canada using his British Passport and apply for his citizenship here? Thanks in advance for your help

Although the question is confusing ("3rd generation Canadian citizens born outside of Canada" can be taken two different ways), I agree with canuck_in_uk: the baby is not a Canadian citizen. That's because the OP's sister "just had" a baby, meaning the child was born after 2009. That being the case, if the sister was born outside of Canada, even if she was a Canadian citizen when the child was born, the child is the second generation born abroad, and therefore not a citizen. The sister will need to sponsor her child for permanent residence, and as soon as the child is in Canada, she can apply for citizenship for the child.