Child born to Canadian parent outside Canada.

[SpringWater19]

Hello,

My son was born in the US last year and we're in the process of applying for his citizenship. My wife is an American but she already has her PR papers, if they do decide to move up here how will my son get things like health care for example without proof of citizenship? From what I hear it could take up to a year before he get's his card. Is there anything I can do so he can receive his health card within 3 months of Canadian residence without the citizenship card?

Thank you.

 

[Hopeful One]

Since you are a Canadian citizen wouldn't your son automatically have citizenship?

 

[SpringWater19]

Well yes but he still has to wait for his citizenship card to process and from what I hear, it could take a year or so. So I was wondering how he can get OHIP if I bring both him and my wife up here. I know there's a 3 month residency rule but beyond that, will he be eligible?

 

[blueangel371115]

I'm am so confused about this process. I am 23wks pregnant with my son and my application is in process. I sent the missing documents last on 3/17 but I have heard nothing since so I don't know how to check my status or anything like that as my husband has no UCI ( he's my sponsor). The site is very confusing at least to me. I've read that I need a passport to travel with him from the States where he will be born as I have medical insurance, but I can't get that without a certificate of citizenship which I won't have yet. Just his US birth certificate and our passports. They both seem to require the other. My husband is a Canadian citizen by birth so I believe my son should be as well.

Sorry for sounding dumb (pregnancy brain? I dunno) but can somebody explain what I'm supposed to do in layman's terms? I'd like to bring my son back into Canada with us as soon as possible after he's born as my husband will be in school at the time. I see the forms I should need but they seem to need documents he won't have.

 

[rayman_m]

Law says, child born to the Canadian parent outside while one parent was present during birth is a Canadian citizen. If you have taken the oath you are a Canadian citizen. It will not effect whether you have the passport or card in your possession. Simply after birth you can apply for child citizenship with your information..

 

[blueangel371115]

Law says, child born to the Canadian parent outside while one parent was present during birth is a Canadian citizen. If you have taken the oath you are a Canadian citizen. It will not effect whether you have the passport or card in your possession. Simply after birth you can apply for child citizenship with your information..

I'm not ( my pr is in process) but my husband is by birth and he legally resides in Canada but he will be there for the birth of our son and when we bring him back here.. It was very confusing to me. My stuff is all sent I'm just concerned about travelling with my son. As I also would like to make regular trips to visit my parents in the states so I don't know how to navigate with customs who my son is and his citizenship status. Sorry of I sound dense, I just don't want folks to think I'm trying to get away with something. But as soon as I can get it back I will have my certified copy of his birth certificate.

 

[danpat]

In most provinces, health care is given to residents, not citizens. Anyone legally residing in a province becomes eligible for its health care plan after a certain period (Ontario and Alberta are 3 months), look on each provinces health care site for "Am I eligible?". You don't need to be a citizen, but you do need to live there legally.

For you son, you just need to show that you're living in the province in question, and that he has legal status there. Check the eligibility requirements on your provinces health care site, they're usually pretty clear.

 

[blueangel371115]

Yup, he gets it through my husband's work after birth ( my husband needs to file paperwork and provide my son's birth certificate to become effective) however, I don't due to my residency ( or lack thereof) so he'll be born south of the border where I have coverage where I reside as of now . I just don't know how to get him (my son) home after the birth as he obviously won't have ID. I'll file for whatever documents I need, when I can once I figure it out and get the right forms. My husband and I have passports and I have a VR. I just won't have status documents for him other than his US birth certificate. Sorry if I am a worrywart.

.

 

[Alurra71]

Yup, he gets it through my husband's work after birth ( my husband needs to file paperwork and provide my son's birth certificate to become effective) however, I don't due to my residency ( or lack thereof) so he'll be born south of the border where I have coverage where I reside as of now . I just don't know how to get him (my son) home after the birth as he obviously won't have ID. I'll file for whatever documents I need, when I can once I figure it out and get the right forms. My husband and I have passports and I have a VR. I just won't have status documents for him other than his US birth certificate. Sorry if I am a worrywart.

.

All you will need to get your son into Canada initially will be his birth certificate. Once you and he are in Canada you can then begin the process of filling out his paperwork to get his Canadian citizenship. Be aware that you should also get his paperwork started for his US citizenship as well, since you said he will be born in the US, unless of course you aren't in a hurry to give him dual citizenship.

Good luck.

 

[blueangel371115]

All you will need to get your son into Canada initially will be his birth certificate. Once you and he are in Canada you can then begin the process of filling out his paperwork to get his Canadian citizenship. Be aware that you should also get his paperwork started for his US citizenship as well, since you said he will be born in the US, unless of course you aren't in a hurry to give him dual citizenship.

Good luck.

Thanks, it all makes sense. Since my husband has school soon after ( I'm staying home) he needs to return after a couple days depending on when my son is born. I didn't want him to miss out on the first days. But as for US I'm doing that right off since he'll have a US birth certificate.

 

[danpat]

Just a note that you're automatically a US citizen if you're born there, you don't need to apply. The only thing you'll need to apply for would be a passport. When entering the US, it'll be assumed you're a US citizen if you're born there, unless you can show a declaration of renunciation. I have a friend who was born in San Fran, moved to Canada when he was 6 and has lived here ever since. He's now in his 50s, and he still gets taken into the back room when he visits the US because his Canadian passport says "Born in San Francisco" and they accuse him of travelling on the wrong passport.

There are pros and cons of remaining a US citizen. Unless US tax law changes in the next 18 years, make sure your son knows he needs to file a tax return with the IRS every year once he reaches majority, otherwise they'll fine him for unfilled taxes, regardless of where he is living. This goes for your wife as well. Your son doesn't need to do anything about US citizenship or taxes until he reaches 18.

If you've got any kind of status in the US (green card, etc), you should check on your tax filing obligations as well, even while living overseas.

 

[blueangel371115]

Just a note that you're automatically a US citizen if you're born there, you don't need to apply. The only thing you'll need to apply for would be a passport. When entering the US, it'll be assumed you're a US citizen if you're born there, unless you can show a declaration of renunciation. I have a friend who was born in San Fran, moved to Canada when he was 6 and has lived here ever since. He's now in his 50s, and he still gets taken into the back room when he visits the US because his Canadian passport says "Born in San Francisco" and they accuse him of travelling on the wrong passport.

There are pros and cons of remaining a US citizen. Unless US tax law changes in the next 18 years, make sure your son knows he needs to file a tax return with the IRS every year once he reaches majority, otherwise they'll fine him for unfilled taxes, regardless of where he is living. This goes for your wife as well. Your son doesn't need to do anything about US citizenship or taxes until he reaches 18.

If you've got any kind of status in the US (green card, etc), you should check on your tax filing obligations as well, even while living overseas.

Exactly. I double checked and if I want, I can have the hospital file for his SSN when they register his birth and we'll receive his card. I know my tax responsibilities when I will have my dual (pr applicant as of now) but as for my son, I'll discuss it with him and let him choose how he wants to proceed but for now, I'll get him dual.