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canadian daughter...clueless mother

weezy

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May 16, 2013
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ok this is rather complicated(and long)...Last year I visited Canada while pregnant(just over 6 months along)to help a family member going through a crisis and guess what...3 days after I arrived my pregnancy became complicated and I was unable to travel back.End result my daughter was born a Canadian citizen.Returned to my country of residence where I have held the same job for 6 years.Now things with my daughter's father has become iffy and he is a recently naturalized American citizen and he has filed a petition for her to join him WITHOUT TELLING me(he has threatened to take her away before and even once attempted to 'steal' her passport after an argument). Now I am in the process of losing my job.I am in no way trying to cast him out of her life but I am thinking giving the circumstances Canada may be my best bet to keep her safe.My country of origin as beautiful as it is has one of the highest unemployment rates in the region and I am already making unsuccessful attempts at job applications.I am now worried with this my daughter's dad will have a valid claim to keep her.If I do not have a proper job where the cost of living is extremely high with lackluster education and health care I am now starting to become desperate for an opportunity to move to Canada.I think I may only qualify for a temporary worker permit but of course I want something a bit more stable for my daughter.Is there anything else available?
 

sakamath

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Not an expert, but wouldn' t the mother need the father's consent to allow the child to come Canada even if the mother managed to get TW permit?
 

scylla

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If you can secure an offer of employment in Canada (and that employer can obtain an approved LMO), then coming over as a temporary foreign worker is certainly one option. If you can complete one year of skilled work in Canada full time, you would then qualify to apply for PR through the Canadian Experience Class program.

If you want to apply for something more permanent immediately, then you should look into the Federal Skilled Worker, Federal Skilled Trades and Provincial Nominee programs. You receive no benefits or preferential treatment for having a Canadian citizen child - you'll have to qualify independently.

As others have said, you'll need the father's permission to take the child with you.
 

UsCa

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Jul 18, 2012
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Sorry to ask a question but I am just being curious

any child born on Canadian soil becomes canadian citizen ? ? ?
whether if the baby's parents are citizens or students or visitors ?
 

zardoz

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UsCa said:
Sorry to ask a question but I am just being curious

any child born on Canadian soil becomes canadian citizen ? ? ?
whether if the baby's parents are citizens or students or visitors ?
No, according to another site...
"Section 3(2) of the Current Act states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was a diplomatic or consular officer or other representative or employee of a foreign government in Canada or an employee of such a person."
Source(s):
Canadian nationality law ( http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#h-3 )
 

UsCa

Star Member
Jul 18, 2012
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zardoz said:
No, according to another site...
"Section 3(2) of the Current Act states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was a diplomatic or consular officer or other representative or employee of a foreign government in Canada or an employee of such a person."
Source(s):
Canadian nationality law
thanks for the info
 

zardoz

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(post deleted - incorrect assumption)
 

canadianwoman

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UsCa said:
thanks for the info
This law has an important 'and' in it. It is referring to children born to diplomats stationed in Canada, and their staff. The OP's daughter is a Canadian citizen.
 

SenoritaBella

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Here's what the links says:

3. (1) Subject to this Act, a person is a citizen if

(a) the person was born in Canada after February 14, 1977;

(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;

The OP's daughter is a Canadian citizen based on the above - she was born in Canada AFTER Feb 14, 1977. :)

The part you quoted below actually says:

Not applicable to children of foreign diplomats, etc.

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was

(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

(b) an employee in the service of a person referred to in paragraph (a); or

(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).

The OP is not a diplomat, so section 3(2) does not apply to her daughter.

zardoz said:
No, according to another site...
"Section 3(2) of the Current Act states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was a diplomatic or consular officer or other representative or employee of a foreign government in Canada or an employee of such a person."
Source(s):
Canadian nationality law ( http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#h-3 )
 

job_seeker

VIP Member
Jul 27, 2009
4,539
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http://www.cic.gc.ca/english/citizenship/rules/index.asp


zardoz said:
No, according to another site...
"Section 3(2) of the Current Act states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was a diplomatic or consular officer or other representative or employee of a foreign government in Canada or an employee of such a person."
Source(s):
Canadian nationality law ( http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#h-3 )