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Ca-Nada

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Aug 24, 2018
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Hi,

My name is Nada. I am married to a Canadian citizen who was born outside of Canada. According to my research, this means that if we were to have a
Canadian baby, I would have to give birth in Canada. If somone can explain this to me further and let me know if there is a way we could be exempted from this, it would be great! Thank you.
 
Hi,

My name is Nada. I am married to a Canadian citizen who was born outside of Canada. According to my research, this means that if we were to have a
Canadian baby, I would have to give birth in Canada. If somone can explain this to me further and let me know if there is a way we could be exempted from this, it would be great! Thank you.
This is correct and there are no exemptions for your circumstances.
 
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This is correct and there are no exemptions for your circumstances.

Zardos, do you know what happens to a 2nd generation baby who is also born outside of Canada? If born in UAE for example they dont have the right to get the UAE nationality by birth. So what happens then?
 
Zardos, do you know what happens to a 2nd generation baby who is also born outside of Canada? If born in UAE for example they dont have the right to get the UAE nationality by birth. So what happens then?
I assume that will depend on the parents circumstances but there is no automatic access to Canadian citizenship because of that situation. However see https://en.wikipedia.org/wiki/Canad...less_children_of_Canadian_citizens_by_descent

Stateless children of Canadian citizens by descent[edit]
When Bill C-37 became law in 2009, a new provision, subsection 5(5), was also added to provide a path to citizenship for stateless children born to Canadian parents who acquired citizenship by descent. To qualify, the applicants must:[35]

  • be born outside Canada on or after 1 April 2009;
  • have at least one parent who is a Canadian citizen by descent;
  • meet the residency requirement (1,095 days in four years);
  • have been stateless since birth (i.e., cannot have a claim to citizenship of another country, and cannot renounce or lose citizenship of another country); and,
  • be less than 23 years of age at the time of application.
Unlike subsections 5(1) and 5(2), subsection 5(5) does not require the applicant to hold permanent resident status to apply (as long as the residence requirement has been met). Additionally, they do not need to attend a ceremony or take the Oath of Citizenship. Other requirements, such as the income tax filing, also do not apply to them.

After 19 June 2017, it is possible for such children to apply for a discretionary grant under subsection 5(4) on the sole ground of being stateless and bypass all requirements, although subsection 5(5) is left intact as a part of the Act.[1]
 
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First of all the baby would have right to your nationality (unless it has a similar clause that Canada has). However your spouse can easily sponsor the baby to Canada.
So the second generation law is for those "smart" ones that only remember Canada when there is time for some benefits.
 
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I assume that will depend on the parents circumstances but there is no automatic access to Canadian citizenship because of that situation. However see https://en.wikipedia.org/wiki/Canad...less_children_of_Canadian_citizens_by_descent

Stateless children of Canadian citizens by descent[edit]
When Bill C-37 became law in 2009, a new provision, subsection 5(5), was also added to provide a path to citizenship for stateless children born to Canadian parents who acquired citizenship by descent. To qualify, the applicants must:[35]

  • be born outside Canada on or after 1 April 2009;
  • have at least one parent who is a Canadian citizen by descent;
  • meet the residency requirement (1,095 days in four years);
  • have been stateless since birth (i.e., cannot have a claim to citizenship of another country, and cannot renounce or lose citizenship of another country); and,
  • be less than 23 years of age at the time of application.
Unlike subsections 5(1) and 5(2), subsection 5(5) does not require the applicant to hold permanent resident status to apply (as long as the residence requirement has been met). Additionally, they do not need to attend a ceremony or take the Oath of Citizenship. Other requirements, such as the income tax filing, also do not apply to them.

After 19 June 2017, it is possible for such children to apply for a discretionary grant under subsection 5(4) on the sole ground of being stateless and bypass all requirements, although subsection 5(5) is left intact as a part of the Act.[1]

Great help! Thanks a million.
 
First of all the baby would have right to your nationality (unless it has a similar clause that Canada has). However your spouse can easily sponsor the baby to Canada.
So the second generation law is for those "smart" ones that only remember Canada when there is time for some benefits.

Makes sense. Thanks a lot for your help.