CDN Parent born outside of Canada has child also born outside Canada. What now?

[VermiciousKnish]

Here's the story; A Canadian married an a girl from the USA. He sponsored her and brought her to live with him in Canada. She became pregnant. She received her COPR and landed here in Canada. Her mother is terminally ill and so she returned to the USA to visit her. Had to stay longer than she anticipated and ended up giving birth to her child in the USA.

They are all back in Canada now. She wants to get her daughter Canadian health coverage now thinking that her child is already a CDN citizen because her husband is CDN. As far as I understand, this child born after 2009 is not entitled to CDN citizenship because her CDN father was also born outside of Canada. What can they do for this child to make her CDN?

 

[screech339]

Then the child does not have canadian citizenship. You would have to sponsor your child for PR first. Once the child has PR, you can submit a citizenship application for child. This is the only way for your child to get canadian citizenship.

 

[dkera]

Then the child does not have canadian citizenship. You would have to sponsor your child for PR first. Once the child has PR, you can submit a citizenship application for child. This is the only way for your child to get canadian citizenship.

I'm not sure that's accurate.

If the guy had canadian citizesnhip by birth and his parent hadn't been naturalized, then the child is a canadian citizen no matter if the child was born abroad.

 

[arambi]

Is your child already a citizen?

In general, a child born to a Canadian parent outside Canada before April 17, 2009, is a Canadian citizen. However, a child born to a Canadian parent outside Canada on or after April 17, 2009, is a Canadian citizen at birth only if that child is born in the first generation outside Canada, that is, at the time of their birth, their Canadian parent:

was born in Canada, or
became a Canadian citizen by immigrating to Canada (becoming a permanent resident) and being granted citizenship (also known as naturalization).
If your child is a Canadian citizen, use the Application for a Citizenship Certificate under section 3 (CIT 0001).

Key questions are: 1) How did the parent became a Canadian Citizen? And (2) is the parent name on the child birth Certificate?

ONCE YOU ANSWER THESE TWO QUESTIONS, I WILL BE ABLE TO ADVISE

 

[arambi]

Then the child does not have canadian citizenship. You would have to sponsor your child for PR first. Once the child has PR, you can submit a citizenship application for child. This is the only way for your child to get canadian citizenship.

This is not correct. You need more info before you can arrive at this conclusion

 

[arambi]

I'm not sure that's accurate.

If the guy had canadian citizesnhip by birth and his parent hadn't been naturalized, then the child is a canadian citizen no matter if the child was born abroad.

This is partially incorrect. See below


Re: CDN Parent born outside of Canada has child also born outside Canada. What now?
« Reply #3 on: January 19, 2017, 09:05:54 am »
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Is your child already a citizen?

In general, a child born to a Canadian parent outside Canada before April 17, 2009, is a Canadian citizen. However, a child born to a Canadian parent outside Canada on or after April 17, 2009, is a Canadian citizen at birth only if that child is born in the first generation outside Canada, that is, at the time of their birth, their Canadian parent:

was born in Canada, or
became a Canadian citizen by immigrating to Canada (becoming a permanent resident) and being granted citizenship (also known as naturalization).
If your child is a Canadian citizen, use the Application for a Citizenship Certificate under section 3 (CIT 0001).

Key questions are: 1) How did the parent became a Canadian Citizen? And (2) is the parent name on the child birth Certificate?

ONCE THE PARENT ANSWER THESE TWO QUESTIONS, WE SHOULD BE ABLE TO ADVISE CORRECTLY

 

[dkera]

This is partially incorrect. See below


Re: CDN Parent born outside of Canada has child also born outside Canada. What now?
« Reply #3 on: January 19, 2017, 09:05:54 am »
Reply with quoteQuote Modify messageModify Remove messageRemove
Is your child already a citizen?

In general, a child born to a Canadian parent outside Canada before April 17, 2009, is a Canadian citizen. However, a child born to a Canadian parent outside Canada on or after April 17, 2009, is a Canadian citizen at birth only if that child is born in the first generation outside Canada, that is, at the time of their birth, their Canadian parent:

was born in Canada, or
became a Canadian citizen by immigrating to Canada (becoming a permanent resident) and being granted citizenship (also known as naturalization).
If your child is a Canadian citizen, use the Application for a Citizenship Certificate under section 3 (CIT 0001).

Key questions are: 1) How did the parent became a Canadian Citizen? And (2) is the parent name on the child birth Certificate?

ONCE THE PARENT ANSWER THESE TWO QUESTIONS, WE SHOULD BE ABLE TO ADVISE CORRECTLY

Mate,

That's exactly what I wrote. Read it first before declaring it incorrect

 

[VermiciousKnish]

Essentially the same situation that is happening now for this newborn child, happened to the father (Steve) as well. The CDN dad (Steve) was also born outside Canada in the USA. Steve became CDN because his father was born in Canada even though Steve was born in the USA.

Now Steve essentially did the same thing his father did and had a kid in the USA. He is trying to make this newborn daughter Canadian as well.

Does that clarify things?

 

[dkera]

Essentially the same situation that is happening now for this newborn child, happened to the father (Steve) as well. The CDN dad (Steve) was also born outside Canada in the USA. Steve became CDN because his father was born in Canada even though Steve was born in the USA.

Now Steve essentially did the same thing his father did and had a kid in the USA. He is trying to make this newborn daughter Canadian as well.

Does that clarify things?

If the mother wasn't canadian and the parent wasn't born in Canada and the kid wasn't born in canada then you're out of luck. You'll need to sponsor the newborn to become a PR.

 

[scylla]

If the mother wasn't canadian and the parent wasn't born in Canada and the kid wasn't born in canada then you're out of luck. You'll need to sponsor the newborn to become a PR.

Agreed. Kid isn't Canadian.

 

[arambi]

Essentially the same situation that is happening now for this newborn child, happened to the father (Steve) as well. The CDN dad (Steve) was also born outside Canada in the USA. Steve became CDN because his father was born in Canada even though Steve was born in the USA.

Now Steve essentially did the same thing his father did and had a kid in the USA. He is trying to make this newborn daughter Canadian as well.

Does that clarify things?

Yes this does clarify things.

The kid is not Canadian. The law was passed to avoid 2nd and subsequent generations getting Canadian citizenship indefinitely outside Canada.

The kid will need to be sponsored to become permanent resident first.

 

[screech339]

I'm not sure that's accurate.

If the guy had canadian citizesnhip by birth and his parent hadn't been naturalized, then the child is a canadian citizen no matter if the child was born abroad.

Re-read the post. OP said the Canadian father is a canadian born abroad. In other words, a 2nd generation Canadian. Thus cannot pass on citizenship to child.

 

[screech339]

This is not correct. You need more info before you can arrive at this conclusion

The OP stated that the father is canadian born abroad. In other words, 2nd generation Canadian. Thus cannot pass on citizenship to child since child was born after 2009 law.

 

[VermiciousKnish]

Well I think then we have a unanimous verdict. Child needs to be sponsored again.

 

[dkera]

Re-read the post. OP said the Canadian father is a canadian born abroad. In other words, a 2nd generation Canadian. Thus cannot pass on citizenship to child.

Actually it wasn't clear; I insist. The OP did say that he is a canadian born abroad (in his first post) but DID not clarify how he got that citizenship. When he clarified that it was because his father was canadian that made the kid not canadian. If however the dad of the newborn had acquired his citizenship via naturalization then the kid would be canadian.

So, again, during his first post, things were not clear.