Are my kids Canadian?

[Acbrands]

hello.

I’ve been researching this for a while and seem to get conflicting information.

I am a Canadian citizen. I hold a Canadian Passport. However, I was born outside of Canada to my incredible Canadian mother. My mother (Canadian born) applied for my citizenship before I turned a year old and I was issued a Canadian proof of citizenship card.

Now, for the big question...

My kids (born in 2016 and 2018) were born outside Canada. Are they Canadian?

Bonus question: Can I pass my Canadian Citizenship to my American wife?

Go Habs.

 

[Bs65]

Answer at least to the bonus question which I expect you knew anyway is NO, same as she cannot pass you US citizenship.

 

[itsmyid]

Answer at least to the bonus question which I expect you knew anyway is NO, same as she cannot pass you US citizenship.

Lol, Canadian citizenship sounds like some flu, that you can easily pass it to anybody you get in close contact with

 

[screech339]

hello.

I’ve been researching this for a while and seem to get conflicting information.

I am a Canadian citizen. I hold a Canadian Passport. However, I was born outside of Canada to my incredible Canadian mother. My mother (Canadian born) applied for my citizenship before I turned a year old and I was issued a Canadian proof of citizenship card.

Now, for the big question...

My kids (born in 2016 and 2018) were born outside Canada. Are they Canadian?

Bonus question: Can I pass my Canadian Citizenship to my American wife?

Go Habs.

Your kids are not Canadian on account you are Canadian by descent born abroad. You cannot pass on your citizenship to your children (They were born after the 2009 law that limits citizenship to those 1st generation born abroad only)

For the bonus question. Answer is no. There are countries that grant citizenship through marriage. Canada isn't one of them.

 

[Acbrands]

This is where I get confused.

I lived very close to the US border, I was born outside of Canada purely because it was the nearest hospital when my mom went into labor. After I was born, I returned to Canada to live the first several years of my life where I obtained my Canadian Citizenship and my first Canadian Passport. Despite being a Dual Citizen with the US, I am by all accounts Canadian And my passport states that my Nationality is Canadian.

I now live in the US. I am/was a Canadisn Citizen at the time both of my kids were born. So just because of my moms decision to go to a US hospital due to its proximity, my kids are not Canadian!? This seems wrong.

I understand and agree that if I had never claimed my citizenship and my kids as adults would try to become Canadian on account their grandmother was born in Canada...they would not be allowed. But this is not the circumstance.

 

[itsmyid]

This is where I get confused.

I lived very close to the US border, I was born outside of Canada purely because it was the nearest hospital when my mom went into labor. After I was born, I returned to Canada to live the first several years of my life where I obtained my Canadian Citizenship and my first Canadian Passport. Despite being a Dual Citizen with the US, I am by all accounts Canadian And my passport states that my Nationality is Canadian.

I now live in the US. I am/was a Canadisn Citizen at the time both of my kids were born. So just because of my moms decision to go to a US hospital due to its proximity, my kids are not Canadian!? This seems wrong.

I understand and agree that if I had never claimed my citizenship and my kids as adults would try to become Canadian on account their grandmother was born in Canada...they would not be allowed. But this is not the circumstance.

It is no different from those cases of people going to Canada and US for a few months just to give birth so their children have US/Canadian citizenship - I am not saying it’s right or wrong or fair, but that’s the law, for now anyway

 

[itsmyid]

This is where I get confused.

I lived very close to the US border, I was born outside of Canada purely because it was the nearest hospital when my mom went into labor. After I was born, I returned to Canada to live the first several years of my life where I obtained my Canadian Citizenship and my first Canadian Passport. Despite being a Dual Citizen with the US, I am by all accounts Canadian And my passport states that my Nationality is Canadian.

I now live in the US. I am/was a Canadisn Citizen at the time both of my kids were born. So just because of my moms decision to go to a US hospital due to its proximity, my kids are not Canadian!? This seems wrong.

I understand and agree that if I had never claimed my citizenship and my kids as adults would try to become Canadian on account their grandmother was born in Canada...they would not be allowed. But this is not the circumstance.

Also, as sympathetic as I feel for your situation, I doubt the immigration officers would give you a pass - that would go into the grey area and open a flood gate of claims and lawsuit: let's say your Canadian mother gave birth to you 10 miles outside Canada border, then how about those Canadian mothers giving birth 20 miles outside Canada, 200 miles, 2000 miles... where do you draw the line?

 

[Acbrands]

Right, but in this case, I returned to Canada with my mother to live. I dont see why Canada wouldn’t recognize me as a “full” Canadian.

Had my mother only given birth to me in the US so SHE could obtain US Citizenship through me... I would see your point. But that is not the case.

 

[itsmyid]

Right, but in this case, I returned to Canada with my mother to live. I dont see why Canada wouldn’t recognize me as a “full” Canadian.

Had my mother only given birth to me in the US so SHE could obtain US Citizenship through me... I would see your point. But that is not the case.

Unfortunately, the law is pretty clear cut about this, there's little room for interpretation - but in the end, it's not up to anybody in this forum to decide, it's up to IRCC officers, you can try to apply for citizenship certificates for your kids and let us know how it goes, and you got nothing (except for a small amount of money) to lose.

 

[keesio]

Right, but in this case, I returned to Canada with my mother to live. I dont see why Canada wouldn’t recognize me as a “full” Canadian.

You are recognized as a "full" Canadian. It is your children that are not recognized as Canadian. You are impacted by a blanket rule designed to stop people from taking advantage of Canadian citizenship and immigration laws. Unfortunately these blanket rules are pretty clear cut with little room for flexibility.

 

[scylla]

Right, but in this case, I returned to Canada with my mother to live. I dont see why Canada wouldn’t recognize me as a “full” Canadian.

Had my mother only given birth to me in the US so SHE could obtain US Citizenship through me... I would see your point. But that is not the case.

Returning to Canada won't change anything. Because you were born in the US, your children aren't entitled to Canadian citizenship through descent. It's a very clear cut case.

Whether or not any of us agree with the rules is irrelevant and won't change that fact.

 

[scylla]

If you want to move to Canada - there's a very clear & easy path for you and your family. You would sponsor them for permanent residency through the Family Sponsorship program (you can do this from the US but would have to provide hard proof that you plan to move to Canada once their PR is approved). Once they are PRs and have lived in Canada for a few years, they would qualify for citizenship. So citizenship is absolutely feasible - just not through descent for your kids and not by marriage for your wife. Obtaining PR status and actually moving to Canada and living here would be required.

 

[ZingyDNA]

Hm... Our PM said "A Canadian is a Canadian is a Canadian." Not in this case I guess. The Law is pretty clear on this though.

 

[itsmyid]

If you want to move to Canada - there's a very clear & easy path for you and your family. You would sponsor them for permanent residency through the Family Sponsorship program (you can do this from the US but would have to provide hard proof that you plan to move to Canada once their PR is approved). Once they are PRs and have lived in Canada for a few years, they would qualify for citizenship. So citizenship is absolutely feasible - just not through descent for your kids and not by marriage for your wife. Obtaining PR status and actually moving to Canada and living here would be required.

We all want the easiest path, but sometimes there's just no such option...

 

[SpiceIsland]

Everyday you learn something new on this forum.