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Bill C-24 Second Reading on February 27th:

nbs000

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Jul 10, 2014
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Hi guys - really appreciated if someone can help me. I got my citizenship back in 2000. I left Canada due to a better job opportunity in Asia (~2006) and ever since. My wife (not Canadian) and I are planning to have our first baby in a yr or two. My Q is if my child is born outside Canada - 1) can he/she apply for citizenship (I know for a fact that this is a YES under the old law) & 2) if YES - in what way the new law going effect her rights (most importantly intent to reside since I'll be still working/living in Asia). Thanks guys! We do not plan to have our baby deliver in Canada unless we really have to.
 

janoo

Hero Member
May 16, 2014
995
22
Better to contact CIC and expert lawyer and as well your local consulate
office of Canada, to avoid all this if and but better get the baby in Canada
and save the future of your children as this is all about we came to Canada..

Congratulation...
 

CanV

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Apr 30, 2012
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janoo said:
Better to contact CIC and expert lawyer and as well your local consulate
office of Canada, to avoid all this if and but better get the baby in Canada
and save the future of your children as this is all about we came to Canada..

Congratulation...
Lol!!

People really need to stop giving advices if the dont know what they talking about.
 

CanV

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nbs000 said:
Hi guys - really appreciated if someone can help me. I got my citizenship back in 2000. I left Canada due to a better job opportunity in Asia (~2006) and ever since. My wife (not Canadian) and I are planning to have our first baby in a yr or two. My Q is if my child is born outside Canada - 1) can he/she apply for citizenship (I know for a fact that this is a YES under the old law) & 2) if YES - in what way the new law going effect her rights (most importantly intent to reside since I'll be still working/living in Asia). Thanks guys! We do not plan to have our baby deliver in Canada unless we really have to.
If both parents were born in Canada then baby is automatically citizen.

If you both parents are naturaluzed then they can pass to baby if born outside Canada. He/she however cant pass to their kids if they are born outside.

Basically your baby will become a citizen but it may be better for her if she is born in Canada. This way she can have her babies anywhere and they are Canadians.
 

Kaplan

Member
Aug 12, 2010
18
5
To: nbs000

You stated:

"We do not plan to have our baby delivered in Canada unless we really have to." [emphasis added]

We have good news for you! You don't "really have to" have your baby delivered in Canada. You are at liberty to have your baby delivered in the Asian country for which
you have constructively abandoned Canada, apparently shortly after your procurement of Canadian citizenship.

Mi amigo, you are the quintessential poster boy for those members of Parliament who so ardently supported the passage of C-24, particular the "intent to reside" clause! Perhaps you should not so publicly air your dishonourable plans.

Look at yourself in the mirror and ask why you need Canada, and more importantly why Canada needs you!

By the by, this website is maintained by a very knowledgeable Canadian immigration lawyer. You may use the money that you earned in that 'Asian' country, and use it
to pay for a legal consultation. At least in that manner, your Canadian citizenship of convenience would serve to benefit Canada.

That your baby be happy and healthy!

Sincerely,

Kaplan (Turkish for "tiger")
 

on-hold

Champion Member
Feb 6, 2010
1,120
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Kaplan said:
To: nbs000

You stated:

"We do not plan to have our baby delivered in Canada unless we really have to." [emphasis added]

We have good news for you! You don't "really have to" have your baby delivered in Canada. You are at liberty to have your baby delivered in the Asian country for which
you have constructively abandoned Canada, apparently shortly after your procurement of Canadian citizenship.

Mi amigo, you are the quintessential poster boy for those members of Parliament who so ardently supported the passage of C-24, particular the "intent to reside" clause! Perhaps you should not so publicly air your dishonourable plans.

Look at yourself in the mirror and ask why you need Canada, and more importantly why Canada needs you!

By the by, this website is maintained by a very knowledgeable Canadian immigration lawyer. You may use the money that you earned in that 'Asian' country, and use it
to pay for a legal consultation. At least in that manner, your Canadian citizenship of convenience would serve to benefit Canada.

That your baby be happy and healthy!

Sincerely,

Kaplan (Turkish for "tiger")

This guy lived in Canada for a minimum of 9 years, and probably more. If he wants to take a high-paying job in Asia that's his right. Where did you get the idea you get to tell Canadians where they can and can't live, or where Canadian babies are born?
 

Kaplan

Member
Aug 12, 2010
18
5
No disrespect meant. If you would read my post without emotion, then you would discover that I never suggested as to where his baby should be born. That is the inalienable right of all Canadian parents.

I merely opined that his post anecdotally supports the "intent to reside" requirement of C-24.

My approach to this situation is based upon the realities of the situation, devoid of emotional commentary.

By the by, do you find the 'born in Canada' option to be unduly onerous, especially for one who has a "high paying job", as you described it? NBS expressed that having his baby born in Canada was an option that he would prefer to avoid.

But then again, being proud to acquire Canadian citizenship is not a requirement of
C-24, even in its most strained interpretation.

It may be impossible to measure pride, in terms of degree, but not so, as to a lack thereof!

Cheers!

Kaplan (Turkish for "tiger")
 

Kaplan

Member
Aug 12, 2010
18
5
CanV said:
If both parents were born in Canada then baby is automatically citizen.

If you both parents are naturaluzed then they can pass to baby if born outside Canada. He/she however cant pass to their kids if they are born outside.

Basically your baby will become a citizen but it may be better for her if she is born in Canada. This way she can have her babies anywhere and they are Canadians.

Dear CanV:

Your advice is sound, if one is a breeder of rabbits. However, the topic is that of the solemn honour of procurement of Canadian citizenship, with its attendant legal and uncodified moral responsibilities, however mundane as they may seem to some.

Some define citizenship as a matter of right; others as one of privilege. I believe citizenship to be a right to a privilege, to be bestowed upon honest applicants, with the most honourable of intentions for and devotion to their new country.

"How do I love thee? Let me count the ways!" Elizabeth Barrett Browning's immortal rendition might well be apropos here.

Cheers, amigo!

Kaplan (Turkish tiger)
 

margobear96

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Kaplan said:
I merely opined that his post anecdotally supports the "intent to reside" requirement of C-24.
Hardly. He got citizenship in 2000 and left in 2006.... Even if "intent to reside" were in force at the time, he wouldn't have been affected.
 

Destined

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Jul 6, 2010
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Kaplan,
Please dont expect perfection from every one... Yes, there are so many in this forum who are ignorant/ could not follow as good as some others do...
David Cohen(Owner of the forum) is ok with this bunch of ignorant/simple question asker's... and If I am correct David Cohen did not hire you to make the sort of comments you are making in last 5-7 pages..

There are some who are good enough to answer silly questions. others can roll on to next topic....

warm regards
Destined.

Kaplan said:
To: nbs000

You stated:
We have good news for you! You don't "really have to" have your baby delivered in Canada. You are at liberty to have your baby delivered in the Asian country for which
you have constructively abandoned Canada, apparently shortly after your procurement of Canadian citizenship.

Look at yourself in the mirror and ask why you need Canada, and more importantly why Canada needs you!

By the by, this website is maintained by a very knowledgeable Canadian immigration lawyer. You may use the money that you earned in that 'Asian' country, and use it
to pay for a legal consultation. At least in that manner, your Canadian citizenship of convenience would serve to benefit Canada.

That your baby be happy and healthy!

Sincerely,

Kaplan (Turkish for "tiger")
 

MasterGeek

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I'm holding off from any international travel. until the coming into force date is announced.

If the coming into force is November 2015 or later I'll be able to submit my application before with 1095 physical residence days. If it's before that date but not earlier than August 2015, I think I'll submit my application with the basic residence days and hope the judge will approve my application.

What are the chances of getting approved by the judge with more than 1095 basic days (arrived in Canada in January 2011 with a work permit, landed in August 2013) but just 1060 physical days ? The trips were just for vacation.
 

on-hold

Champion Member
Feb 6, 2010
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MasterGeek said:
I'm holding off from any international travel. until the coming into force date is announced.

If the coming into force is November 2015 or later I'll be able to submit my application before with 1095 physical residence days. If it's before that date but not earlier than August 2015, I think I'll submit my application with the basic residence days and hope the judge will approve my application.

What are the chances of getting approved by the judge with more than 1095 basic days (arrived in Canada in January 2011 with a work permit, landed in August 2013) but just 1060 physical days ? The trips were just for vacation.
Basically, I think that your plan is to eat up several years and waste the application fee in order to be rejected and apply a second time under the new rules long after you would have been approved if you'd just waited until you qualified.

I might be wrong, but I thought that the Residence Calculator tells you when you're eligible to apply for citizenship -- as in "You will be eligible to apply for citizenship on such-and-such a day", which is when your 1095 days will be up. Do you really think it's a good idea to send in an application on which the primary document is a print-out from CIC's web site informing you that you're not eligible to apply?
 

MasterGeek

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on-hold said:
Basically, I think that your plan is to eat up several years and waste the application fee in order to be rejected and apply a second time under the new rules long after you would have been approved if you'd just waited until you qualified.

I might be wrong, but I thought that the Residence Calculator tells you when you're eligible to apply for citizenship -- as in "You will be eligible to apply for citizenship on such-and-such a day", which is when your 1095 days will be up. Do you really think it's a good idea to send in an application on which the primary document is a print-out from CIC's web site informing you that you're not eligible to apply?
https://eservices.cic.gc.ca/rescalc/redir.do?redir=faq#Q8
Q8: I have more than 1,095 days of basic residence (or basic residence taking into account time spent serving a sentence) but fewer than 1,095 days of physical presence. Should I apply now or wait until I have 1,095 days of physical presence?

A8: Only a citizenship judge can determine if you meet the residence requirements with fewer than 1,095 days of physical presence. If you apply with fewer than 1,095 days of physical presence, a citizenship judge will evaluate the nature of your residence in Canada. You will be asked to complete a residence questionnaire and provide evidence that establishes residence in Canada, and you might be asked to appear in person before a citizenship judge. When you apply with fewer than 1,095 days of physical presence, your application will take longer to process and may be refused by the citizenship judge.

Deciding to apply with fewer than 1,095 days of physical presence is a personal decision that should be made carefully and take into account your personal circumstances.