Canadian with American Children

[deut6and4]

I am a dual citizen of the USA and Canada. My husband is a US citizen and Canadian Permanent Resident. We have been living in the US for the past 3 years, but are looking to move back soon to fulfill his residency requirements. The catch though, is we have a son who was recently born in the USA.

According to CIC, my son does not have automatic rights to be a Canadian citizen because I was not born in Canada (i.e. I am a 2nd generation Canadian). From what I have researched, I have to apply for him to be a permanent resident.

My question is, can I apply for him now before we move back to Canada, or can we move and just start the paperwork afterward?

Also, will BC Health Care give my infant son any health coverage while we are in process of his Permanent Residency paperwork, or do we have to provide private insurance until his paperwork is completed?

 

[jomz]

Couple things:

If you are a Canadian Citizen and your husband lives with you in the US, your husband has already fulfilled his residency requirements.

You may also count days outside of Canada as days for which you satisfy the residency obligation in the following circumstances:

Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age).

If you are a naturalized Canadian Citizen, meaning you immigrated to Canada, were a PR, and applied for citizenship, than your child born outside of Canada is automatically a Canadian Citizen.

Children born to Canadian parents while the parent are outside Canada will only be Canadian at birth if:
•one parent was born in Canada, or
•one parent became a Canadian citizen by immigrating to Canada and was later granted citizenship (also called naturalization).

 

[jomz]

Each province has different rules on coverage. Some have waiting periods even for Canadian Citizens (usually 3 months) before health coverage is granted after moving to a province. I am not sure what the BC rules state. I am in Alberta and coverage is immediate, when I was in Ontario there was a 3 month wait for OHIP coverage to start. Try to check the BC government website for this information if you do not get answers here.

 

[blueangel371115]

I am a dual citizen of the USA and Canada. My husband is a US citizen and Canadian Permanent Resident. We have been living in the US for the past 3 years, but are looking to move back soon to fulfill his residency requirements. The catch though, is we have a son who was recently born in the USA.

According to CIC, my son does not have automatic rights to be a Canadian citizen because I was not born in Canada (i.e. I am a 2nd generation Canadian). From what I have researched, I have to apply for him to be a permanent resident.

My question is, can I apply for him now before we move back to Canada, or can we move and just start the paperwork afterward?

Also, will BC Health Care give my infant son any health coverage while we are in process of his Permanent Residency paperwork, or do we have to provide private insurance until his paperwork is completed?

A more senior member can correct me if this is wrong but I have done some research on the subject and if at least ONE parent is a first generation Canadian citizen ( i.e not through descendants) that the child is eligible regardless of where he is born. Not like your grandfather is Canadian (but you aren't) so is your son kind of thing, skipping you entirely. But if you are now a Canadian citizen by your own merits, from my read of it, your son is as well. I am 6 months pregnant with my Canadian-born husband's child, though I'm not even PR, my son still should be. Did you take the "Am I a Citizen' test on the CIC website? I answered the 'test' as if I were my son. That gives a good response or even look at applying for a minor child's citizenship card. It asks the citizenship(s) of both parents. I hope this helps some. However, this is based upon my research and understanding, senior members feel free to add to this or correct me . I want to be sure I understand this right.

 

[keesio]

I am a dual citizen of the USA and Canada. My husband is a US citizen and Canadian Permanent Resident. We have been living in the US for the past 3 years, but are looking to move back soon to fulfill his residency requirements. The catch though, is we have a son who was recently born in the USA.

According to CIC, my son does not have automatic rights to be a Canadian citizen because I was not born in Canada (i.e. I am a 2nd generation Canadian). From what I have researched, I have to apply for him to be a permanent resident.

My question is, can I apply for him now before we move back to Canada, or can we move and just start the paperwork afterward?

Also, will BC Health Care give my infant son any health coverage while we are in process of his Permanent Residency paperwork, or do we have to provide private insurance until his paperwork is completed?

When was your son born? If after April 2009, then he may not be a citizen since he would be 2nd generation born outside Canada to a Canadian who obtained citizenship by birth (descent)

To confirm, you can use this test:

www.cic.gc.ca/english/citizenship/rules/tool_04.asp

As for your husband, the days in abroad when he has been married (or common-law) and living with you would count towards his PR residency days.

 

[jomz]

I am a dual citizen of the USA and Canada. My husband is a US citizen and Canadian Permanent Resident. We have been living in the US for the past 3 years, but are looking to move back soon to fulfill his residency requirements. The catch though, is we have a son who was recently born in the USA.

According to CIC, my son does not have automatic rights to be a Canadian citizen because I was not born in Canada (i.e. I am a 2nd generation Canadian). From what I have researched, I have to apply for him to be a permanent resident.

My question is, can I apply for him now before we move back to Canada, or can we move and just start the paperwork afterward?

Also, will BC Health Care give my infant son any health coverage while we are in process of his Permanent Residency paperwork, or do we have to provide private insurance until his paperwork is completed?

2 very conflicting statements. in the OPs post.

 

[screech339]

If you are a naturalized Canadian Citizen, meaning you immigrated to Canada, were a PR, and applied for citizenship, than your child born outside of Canada is automatically a Canadian Citizen.

Children born to Canadian parents while the parent are outside Canada will only be Canadian at birth if:
•one parent was born in Canada, or
•one parent became a Canadian citizen by immigrating to Canada and was later granted citizenship (also called naturalization).

The OP specifically stated that she is a Canadian by descent, thus a 2nd generation Canadian. So the question is now this. When is the child born. If the child is born on or after April 17, 2009, then the child will not have Canadian citizenship. The child will only have American Citizenship. If the child was born before the date mentioned, then the child can get Canadian citizenship.

Screech339

 

[screech339]

2 very conflicting statements. in the OPs post.

It is not a conflicting statement. OP stated that she gotten her Canadian citizenship through her parents, not born in Canada or not naturalized Canadian.

 

[keesio]

The OP was not born in Canada (it's right in her post). Therefore a naturalized Citizen, and not 2nd Generation.

She says that she is 2nd generation:

I was not born in Canada (i.e. I am a 2nd generation Canadian).

I assume she is saying she was born to Canadian parents abroad and got her citizenship via her parents who were naturalized (1st generation). That would make her 2nd generation.

 

[jomz]

She says that she is 2nd generation:

I was not born in Canada (i.e. I am a 2nd generation Canadian).

I assume she is saying she was born to Canadian parents abroad and got her citizenship via her parents who were naturalized (1st generation). That would make her 2nd generation.

You're right, yes I did not see where she said she was born to a Canadian parent.

 

[blueangel371115]

2 very conflicting statements. in the OPs post.

I think that's why she posted, to clarify. But a 2nd generation Canadian would be like this from my understanding, my great grandfather was a Canadian citizen by birth however, my grandmother was born in the US ( and not declared a Canadian citizen by any means) so my dad isn't Canadian because he's not a 'first generation' but a Citizen through PR is a different case. You are a Canadian citizen ( a 'naturalized' Canadian citizen) after you pass the exam, which the OP said she had both US and Canadian citizenship. Or did I miss something? Because the way I read it is her son is the second generation Canadian not the OP as she has it but not by her birth but by her parents immigrating here.

 

[screech339]

I think that's why she posted, to clarify. But a 2nd generation Canadian would be like this from my understanding, my great grandfather was a Canadian citizen by birth however, my grandmother was born in the US ( and not declared a Canadian citizen by any means) so my dad isn't Canadian because he's not a 'first generation' but a Citizen through PR is a different case. You are a Canadian citizen ( a 'naturalized' Canadian citizen) after you pass the exam, which the OP said she had both US and Canadian citizenship. Or did I miss something?

You are thinking it in a different way. You are thinking in terms of family generational history, like (4th or 5th, or 6th generation Canadian).

This 1st and 2nd generation Canadians are in reference to the new citizenship law since April 2009.

1st Generation Canadians are those who are born in Canada or naturalized Canadian (PRs that became Canadians). These Canadians can pass on Canadian citizenship to their children.

2nd Generation Canadian are those born aboard outside Canada but gotten their Canadian Citizenship because one of the parents is 1st generation Canadian. These Canadians cannot pass on their Canadian citizenship to their children on or after April 17, 2009.

 

[deut6and4]

Hopefully this helps to clarify...

- Mom born in Canada to 2 Canadian parents
- Me born in USA to Canadian mom and US dad
- Mom and dad divorced and mom moved with me only to Canada in 1979
- I was awarded immediate Canadian Citizenship because of Canadian mom
- My son, born in 2013, does not automatically qualify to be Canadian under the naturalization clause because my parents did not immigrate to Canada.

So question is do we have to apply for PR after we move back to Canada?

 

[screech339]

Hopefully this helps to clarify...

- Mom born in Canada to 2 Canadian parents
- Me born in USA to Canadian mom and US dad
- Mom and dad divorced and mom moved with me only to Canada in 1979
- I was awarded immediate Canadian Citizenship because of Canadian mom
- My son, born in 2013, does not automatically qualify to be Canadian under the naturalization clause because my parents did not immigrate to Canada.

So question is do we have to apply for PR after we move back to Canada?

Based on what you wrote, yes you would have to apply for PR for your child. The child can come with you while the PR papers are in process. Once the child lands as PR in Canada, you can apply for Canadian Citizenship for your child as 3 year residency qualification does not apply for your child.

 

[blueangel371115]

You are thinking it in a different way. You are thinking in terms of generational history. This 1st and 2nd generation Canadians are in reference to the new citizenship law since April 2009.

1st Generation Canadians are those who are born in Canada or naturalized Canadian.

2nd Generation Canadian are those born aboard outside Canada but gotten their Canadian Citizenship because one of the parents is 1st generation Canadian.

Ok, that makes more sense. I am trying to figure out for sure as well as I have to do this very soon. I am pregnant and my son will be born in the US where I have insurance but my husband has Canadian citizenship by birth ( he's born and raised in Quebec) so my son can still get it? I ask because I want to be sure he's covered as well for the citizenship(s) which ever the case may be.