Child born to a Canadian Citizen outside Canada

[scylla]

Hey all! I am a newbie here and this is a hot topic. I need to tag onto this to ask for clarification on my case!

My parents immigrated to Canada back in the 70s and became Canadian citizens. However I was born outside Canada for convenience factor so that my Mom's family can help her care for me when born. When I was a month old, I came to Canada and lived there for my first 24 years of life before leaving to work abroad. Now I have two daughters born outside Canada and would like to know if they are eligible Canadian citizens?

I would argue that by birth I was granted Canadian citizenship which would define me as first generation but I also moved and lived there after being born which makes me think I earned it which would allow the Canadian citizenship to be passed down to first generation that is for my two daughters.

Any thoughts? Thank you for any clarifications!

Assuming at least one of your parents became a citizen before you were born - you're definitely first generation born abroad. The fact you moved to Canada later to live there doesn't change this definition.

 

[screech339]

Hey all! I am a newbie here and this is a hot topic. I need to tag onto this to ask for clarification on my case!

My parents immigrated to Canada back in the 70s and became Canadian citizens. However I was born outside Canada for convenience factor so that my Mom's family can help her care for me when born. When I was a month old, I came to Canada and lived there for my first 24 years of life before leaving to work abroad. Now I have two daughters born outside Canada and would like to know if they are eligible Canadian citizens?

I would argue that by birth I was granted Canadian citizenship which would define me as first generation but I also moved and lived there after being born which makes me think I earned it which would allow the Canadian citizenship to be passed down to first generation that is for my two daughters.

Any thoughts? Thank you for any clarifications!

You are Canadian by Descent. As a Canadian by Descent, you cannot pass on your citizenship to your children. It doesn't matter if you moved back to Canada, as mentioned, you are still Canadian by Descent.

 

[Leon]

thanks Leon,

Questions:

1. after completing that form, how long would it take for her to get pr?

2. How long after completing application would it take for her to get PR?

awaiting your response Leon.

You can find out about the processing times to sponsor a PR child here: http://www.cic.gc.ca/ENGLISH/INFORMATION/times/index.asp

Under the question "What are you applying for?" choose "Sponsoring a family member"
Under the next question "Who are you sponsoring?" choose "Dependent child"
Under the next question "Where are you applying from?" choose the country you are applying from.

Next click on the button "Get processing time" and you will see it on the right.

 

[Leon]

I would argue that by birth I was granted Canadian citizenship which would define me as first generation but I also moved and lived there after being born which makes me think I earned it which would allow the Canadian citizenship to be passed down to first generation that is for my two daughters.

You can argue as much as you like but it is not going to get you anywhere. Born to Canadian citizens outside Canada and gaining citizenship based on that they were citizens when you were born, you meet the definition of "first generation born abroad". Nothing ever changes that. In order to be a "born Canadian" you would have had to have been born in Canada.

If your daughters were born before April 17, 2009, they would be Canadians because the citizenship law changed on that date. The law before that date was that 2nd generation born abroad (like your children) had to spend a certain amount of time in Canada and apply to retain their citizenship before their 28th birthday. On April 17, 2009, the law changed and 2nd generation born abroad who were not yet 28 years old did no longer have to take steps to retain their citizenship but also that after that date, first generation could not pass citizenship to their children anymore. However, these children can be sponsored for PR.

Hence, if your children were born before April 17th 2009, you can apply for their citizenship certificates. Otherwise, depending on your situation, you have the following options:

1. As a Canadian living outside Canada, you must either be in Canada or planning on moving to Canada if you want to sponsor your spouse and/or children for PR. You may have to show proof of this.

2. If you are not planning on moving to Canada at this time, you may sponsor your children for PR under the current rules until their 19th birthday. After their 19th birthday, they would have to find a way to apply for PR on their own if they want it.

If you do sponsor your spouse/children for PR, they would have to meet the residency obligation of 2/5 years in Canada in any rolling 5 year period. However, as long as your spouse is living with you and your children are minors and living with you, they can keep their PR based on that. If you do sponsor your children for PR and they go to Canada to study or work and fulfill the residency obligation in order to apply for citizenship, they would become naturalized citizens and would be able to pass citizenship to their children, even if their children are later not born in Canada.

If you sponsor your children for PR and move to Canada with them while they are still minors, you can apply for their citizenship right away without them having to meet the RO for citizenship and they would again be considered naturalized citizens.

 

[KTMBALL]

I have question regarding to my son's Proof of Citizenship

I am a PR and my husband was born in Canada. My son was born in Hong Kong last year (Nov 2015). As far as i know, my son should be citizen at birth. I applied proof of citizenship for him in March this year when we return to Canada. 5 months has passed and I followed up with CIC for the status. I was told that his application was sent for verification in April 2016. The processing time now is up to 2 years. Does anyone has the same situation? I have no idea what we have done wrong to get us in such situation. My husband and I have been together for 8 years, my PR was sponsored by him 4 years ago.
I never expect my son’s application will take this long, we want to take him to the State sometime soon, should I apply for temporary passport for him? I asked CIC centre and they cannot answer if my son is eligible to apply for temporary passport. Or should I just fly back to Hong Kong and apply USA visa for him on this Hong Kong passport?

 

[canuck_in_uk]

I applied proof of citizenship for him in March this year when we return to Canada. 5 months has passed and I followed up with CIC for the status. I was told that his application was sent for verification in April 2016. The processing time now is up to 2 years. I have no idea what we have done wrong to get us in such situation.

should I apply for temporary passport for him? I asked CIC centre and they cannot answer if my son is eligible to apply for temporary passport.

As stated on the website, the processing time for a Certificate of Citizenship is 5 months for apps in Canada, so I have no idea where you are getting 2 years from. 5 months is not a maximum processing time; it's how long it took to process 80% of apps, meaning that 20% do take longer.

You can apply for a limited validity Canadian passport for the child based on the fact that you've applied for the Certificate of Citizenship.

 

[asif89]

Hi!
I have a question regarding a limited validity passport. I am a naturalized Canadian citizen and I have sponsored my wife from Bangladesh. Recently we had a baby and she is two months old now. I have applied for a proof of citizenship for her. Since the proof of citizenship takes so long I requested the Dhaka embassy for a limited validity passport. They have refused to issue any travel document without the proof of citizenship. They told me that they do not issue limited validity passport from bangladesh. So my question is how true is this? Everyone is telling me to apply for a limited validity passport but I am unable to do so. Can someone please help me. Thank you

 

[Leon]

Hi!
I have a question regarding a limited validity passport. I am a naturalized Canadian citizen and I have sponsored my wife from Bangladesh. Recently we had a baby and she is two months old now. I have applied for a proof of citizenship for her. Since the proof of citizenship takes so long I requested the Dhaka embassy for a limited validity passport. They have refused to issue any travel document without the proof of citizenship. They told me that they do not issue limited validity passport from bangladesh. So my question is how true is this? Everyone is telling me to apply for a limited validity passport but I am unable to do so. Can someone please help me. Thank you

Does the baby have a Bangladesh passport? If so, it may be possible to get a facilitation visa for her if you want to return to Canada with her, see http://www.cic.gc.ca/english/resources/tools/temp/visa/types/facilitation.asp

 

[canuck_in_uk]

Hi!
I have a question regarding a limited validity passport. I am a naturalized Canadian citizen and I have sponsored my wife from Bangladesh. Recently we had a baby and she is two months old now. I have applied for a proof of citizenship for her. Since the proof of citizenship takes so long I requested the Dhaka embassy for a limited validity passport. They have refused to issue any travel document without the proof of citizenship. They told me that they do not issue limited validity passport from bangladesh. So my question is how true is this? Everyone is telling me to apply for a limited validity passport but I am unable to do so. Can someone please help me. Thank you

Show them this http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob154.asp.

 

[asif89]

I have sent this link to Dhaka embassy. Their reply was that they don't issue limited validity passport any more. I am not sure how true this is but there has to be away where I can travel with my new born. I can't wait a year or more for the citizenship card and then apply for a passport. My wife's visa will expire soon. How do I apply for a facilitation visa

 

[Leon]

I have sent this link to Dhaka embassy. Their reply was that they don't issue limited validity passport any more. I am not sure how true this is but there has to be away where I can travel with my new born. I can't wait a year or more for the citizenship card and then apply for a passport. My wife's visa will expire soon. How do I apply for a facilitation visa

I don't suppose the embassy has a form for it so just fill out a form for a TRV and write on it somewhere that it is for a facilitation visa for a baby that is waiting for a citizenship certificate. You may have to include proof of travel and wife visa expiry to explain why you have urgent reasons to get to Canada.

 

[asif89]

Hi
I have talked to Singapore Canadian embassy in regards to a facilitation visa. They have instructed me to apply for a temporary residence visa for my daughter.
My question is, will this application affect my daughters proof of citizenship application ? And also how long would a temporary residence visa last ?

Thank you in advance for the replys

 

[yaye2009]

Hi everyone, I'm not Canadian citizen yet but will apply it in about 18 months,my question is will my kids will be Canadian citizens too at time I will be granted Canadian cutizenship ?
My kids are born before April 2009

 

[screech339]

Hi everyone, I'm not Canadian citizen yet but will apply it in about 18 months,my question is will my kids will be Canadian citizens too at time I will be granted Canadian cutizenship ?
My kids are born before April 2009

Your children will be canadian when you submit their application same time as yours.

 

[yaye2009]

Thanks lot for your reply