Canadian Citizen by Descent-- is my child a Canadian citizen?

[jnt211]

My mother-- and all 4 grandparents-- are Canadian, however I was born and raised in the US. Last year I completed all of my paperwork and now have Proof of Citizenship. I am now pregnant with my first child and my husband (an American) and I are thinking seriously of moving to Toronto, where all of our family is, in about a year.

My plan was to sponsor my husband for Permanent Residency and then take care of the paperwork for Proof of Citizenship for my little one once he/she is born. However, someone in a different forum mentioned that my child might not be eligible for Proof of Citizenship since I am a citizen by descent. Does this sound correct?

Essentially, I'm trying to figure out if I should take care of my husbands PR sponsorship paperwork now and then the babies Proof of Citizenship after OR do I wait until the baby is born and then do a PR sponsorship for both of them on one application (if they aren't eligible for Proof of Citizenship)? I don't want to end up doing two separate sponsorship applications for each of them if that's the route we have to go.

I hope this is clear and thanks in advance for the help!

 

[screech339]

My mother-- and all 4 grandparents-- are Canadian, however I was born and raised in the US. Last year I completed all of my paperwork and now have Proof of Citizenship. I am now pregnant with my first child and my husband (an American) and I are thinking seriously of moving to Toronto, where all of our family is, in about a year.

My plan was to sponsor my husband for Permanent Residency and then take care of the paperwork for Proof of Citizenship for my little one once he/she is born. However, someone in a different forum mentioned that my child might not be eligible for Proof of Citizenship since I am a citizen by descent. Does this sound correct?

Essentially, I'm trying to figure out if I should take care of my husbands PR sponsorship paperwork now and then the babies Proof of Citizenship after OR do I wait until the baby is born and then do a PR sponsorship for both of them on one application (if they aren't eligible for Proof of Citizenship)? I don't want to end up doing two separate sponsorship applications for each of them if that's the route we have to go.

I hope this is clear and thanks in advance for the help!

Because you are Canadian by descent, you will not be able to pass on citizenship to your child. You would have to sponsor your child for PR first. Once your child has PR, you can apply for citizenship next. So you would have to add your child to your husband's PR application.

If you do your husband's PR now, you would still need to add the child to husband's PR application when the baby is born regardless. It is up to you to wait until baby is born before submitting PR application for both. I don't think it would matter if you did your husband's PR application and adding child to PR once born. Paperwork would definitely be much easier if you submit papers for both husband and baby same time.

 

[Rigly68]

This is from the CIC website: "you probably are a citizen if •you were born outside Canada after April 17, 2009, and at least one of your parents was born in Canada,
•you were born outside Canada after April 17, 2009, and at least one of your parents was naturalized in Canada before your birth," So according to this even if parent is Canadian by descent they are naturalized before the baby is born so the baby would have citizenship?

Easiest way to figure it out would be to use the tool "Am I a Canadian Citizen" on the website: http://www.cic.gc.ca/english/citizenship/rules/index.asp

 

[screech339]

This is from the CIC website: "you probably are a citizen if •you were born outside Canada after April 17, 2009, and at least one of your parents was born in Canada,
•you were born outside Canada after April 17, 2009, and at least one of your parents was naturalized in Canada before your birth," So according to this even if parent is Canadian by descent they are naturalized before the baby is born so the baby would have citizenship?

Easiest way to figure it out would be to use the tool "Am I a Canadian Citizen" on the website: http://www.cic.gc.ca/english/citizenship/rules/index.asp

The OP is Canadian by descent due to having a Canadian born mother. Since OP is Canadian by descent, her baby will not be Canadian due to baby going to be born outside Canada 7 years after 2009 citizenship law.

 

[ambient2]

Wouldn't be easier to move to Toronto three months before your child birth (so you can get Ontario Health Card), Give birth here and your child will be Canadian citizen right away. And think about moving here permanently after that ? Just a thought

 

[scylla]

This is from the CIC website: "you probably are a citizen if •you were born outside Canada after April 17, 2009, and at least one of your parents was born in Canada,
•you were born outside Canada after April 17, 2009, and at least one of your parents was naturalized in Canada before your birth," So according to this even if parent is Canadian by descent they are naturalized before the baby is born so the baby would have citizenship?

No - the baby won't have citizenship. Someone who is a Canadian by descent wasn't naturalized in Canada. These are two completely separate ways of obtaining citizenship.

 

[jnt211]

Thank you for the help. It seems with certainty that I will need to sponsor both the baby and my husband for PR. Will take care of getting the application all set now (including medical exam and police report) and that way when the babe is born all we need to do is really fill in name, DOB and a copy of the birth certificate.

With regards to moving to Toronto three months before the baby is born... unfortunately for a lot of reasons that just won't work. First, it would mean moving next week Also, it would mean that my husband (who doesn't have PR) would be unable to work and we wouldn't have health benefits. The move is definitely going to happen in about a year.

It has been very helpful from all of you to assist in sorting this out. Thank you!!

 

[Coffee1981]

Unfortunately if your child is born in the US it will not be a Canadian "by birth". I strongly suggest you consider having your child on Canadian soil so it will be "generation 0" for future descendants. (i.e./ so it can pass citizenship along to it's child if it is born outside Canada.

 

[jnt211]

I appreciate that- however, moving to Canada and quitting our jobs before the child is born is simply not an option. I'm in my third trimester and not about to upheave life/medical care/finances to have the baby in Canada.

Sponsorship for PR is not that hard! And if my future grandchild wants to be a Canadian citizen then I'm sure that will be figured out. That's a little more future planning than I can handle right now.

 

[Coffee1981]

I appreciate that- however, moving to Canada and quitting our jobs before the child is born is simply not an option. I'm in my third trimester and not about to upheave life/medical care/finances to have the baby in Canada.

Sponsorship for PR is not that hard! And if my future grandchild wants to be a Canadian citizen then I'm sure that will be figured out. That's a little more future planning than I can handle right now.

As soon as the contraction starts head for the Embassy. If it's born in the waiting room, technically that's Canadian soil!!! :