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Citizenship for baby born outside of Canada

alphazip

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May 23, 2013
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I have a minor difference of opinion with all those who claim that if a child is apparently a Canadian citizen, but has not been acknowledged as such by IRCC, then they can't get an eTA, are committing fraud if they do so, etc. There are people who post in in this forum all the time who *think* they are Canadian citizens, but who are shown not to be. This person thought his son was Canadian:

http://thechronicleherald.ca/canada/139114-citizenship-rules-leave-dad-frustrated

The article states that he only found out that his son was not a Canadian citizen when he applied for the boy's passport (more likely, when he applied for a citizenship certificate in order to get a passport).

So, when a person is asked on a government form to give their citizenship, is it the citizenship they have evidence of possessing, or the citizenship they think they might have?

In my opinion, it is perfectly acceptable to apply for an eTA for a child born abroad who has not been acknowledged as a Canadian citizen. However, if a person has applied for a certificate of Canadian citizenship, that person will likely be in the "system," and therefore probably cannot get an eTA. This is despite the fact that a number of people who apply for a certificate are refused (e.g., 2nd generation born abroad), and therefore would (depending on their country of citizenship) qualify for an eTA.
 

imm_leb_01

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Hello,

Found this thread and still unsure what to do.

I am Canadian and my 7 months daughter was born in Finland (she has a Finnish passport with approved eTA). There is a citizenship certificate application in progress for her but we are flying to Montreal next month. Can she be denied entry to Canada or flight with her Finnish passport? :(
Limited passeport is your only choice. Airlines won't let you board otherwise
 

Vic6rose

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Jun 3, 2018
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Hi all! can any of the posters in this thread clarify what happened regarding their travel to Canada with their babies/children?

I am Canadian born and my fiancé is Australian born. We live permanently in Australia (I came to Australia on a skilled independent visa). We have just had a baby a few weeks ago in Australia; baby has Australian birth certificate and Australian passport.

We are concerned about these new laws re: dual citizenship and the eta required to fly into Canada -- yet because baby is Canadian by descent, does not qualify to get an eta.

We are planning on visiting my mom in July/august and thought we could do this using her Australian passport. To avoid complication, we are now planning on flying into US then crossing border by car using her Australian passport. Does anyone know if this will be allowed-- despite that she is 'Canadian by descent' yet has no Canadian certificate of birth or passport (given its about 9 months wait time to get their certificate!!).

Would the Canada Border Services Agency at the border refuse her entry to Canada on an Australian passport, because she's technically Canadian without Canadian paperwork?

Any help would be so appreciated. I can't call immigration Canada because we are abroad. Also, when I emailed Sydney Canadian consulate, they told me what I already know; which is that I need to first apply for the Canadian certificate of birth followed by passport to fly her into Canada and that I can apply for a limited passport if it's considered urgent travel (which it's not... just want the baby to meet her grandma). They didn't answer my question about the border crossing into Canada.


Thanks in advance for all of your help.


Vic
 

canuck_in_uk

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Hi all! can any of the posters in this thread clarify what happened regarding their travel to Canada with their babies/children?

I am Canadian born and my fiancé is Australian born. We live permanently in Australia (I came to Australia on a skilled independent visa). We have just had a baby a few weeks ago in Australia; baby has Australian birth certificate and Australian passport.

We are concerned about these new laws re: dual citizenship and the eta required to fly into Canada -- yet because baby is Canadian by descent, does not qualify to get an eta.

We are planning on visiting my mom in July/august and thought we could do this using her Australian passport. To avoid complication, we are now planning on flying into US then crossing border by car using her Australian passport. Does anyone know if this will be allowed-- despite that she is 'Canadian by descent' yet has no Canadian certificate of birth or passport (given its about 9 months wait time to get their certificate!!).

Would the Canada Border Services Agency at the border refuse her entry to Canada on an Australian passport, because she's technically Canadian without Canadian paperwork?

Any help would be so appreciated. I can't call immigration Canada because we are abroad. Also, when I emailed Sydney Canadian consulate, they told me what I already know; which is that I need to first apply for the Canadian certificate of birth followed by passport to fly her into Canada and that I can apply for a limited passport if it's considered urgent travel (which it's not... just want the baby to meet her grandma). They didn't answer my question about the border crossing into Canada.


Thanks in advance for all of your help.


Vic
Hi

Just apply for the limited validity passport. "Urgent" doesn't mean that it needs to be an emergency or something. Needing the passport to be able to fly to Canada qualifies.
 

canuck_in_uk

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Thanks for responding!! Are you absolutely sure though? From what I've read it says you have to make a 'case' for it...

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/security/limited-validity-travel-document.html
Thay does not apply to your situation.

A Canadian child under the age of 2 without proof of citizenship qualifies for a limited validity passport. I believe you have to show proof of travel, like a plane ticket, but the reason for travel doesn't need to be urgent.
 

alphazip

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May 23, 2013
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Hi all! can any of the posters in this thread clarify what happened regarding their travel to Canada with their babies/children?

I am Canadian born and my fiancé is Australian born. We live permanently in Australia (I came to Australia on a skilled independent visa). We have just had a baby a few weeks ago in Australia; baby has Australian birth certificate and Australian passport.

We are concerned about these new laws re: dual citizenship and the eta required to fly into Canada -- yet because baby is Canadian by descent, does not qualify to get an eta.

We are planning on visiting my mom in July/august and thought we could do this using her Australian passport. To avoid complication, we are now planning on flying into US then crossing border by car using her Australian passport. Does anyone know if this will be allowed-- despite that she is 'Canadian by descent' yet has no Canadian certificate of birth or passport (given its about 9 months wait time to get their certificate!!).

Would the Canada Border Services Agency at the border refuse her entry to Canada on an Australian passport, because she's technically Canadian without Canadian paperwork?

Any help would be so appreciated. I can't call immigration Canada because we are abroad. Also, when I emailed Sydney Canadian consulate, they told me what I already know; which is that I need to first apply for the Canadian certificate of birth followed by passport to fly her into Canada and that I can apply for a limited passport if it's considered urgent travel (which it's not... just want the baby to meet her grandma). They didn't answer my question about the border crossing into Canada.


Thanks in advance for all of your help.


Vic
As I wrote above, I don't think there is any problem having a young child who is apparently a Canadian citizen, but hasn't had that fact established yet, enter Canada on his/her non-Canadian passport. A number of people (such as smallcoffee, above) have reported doing so without difficulty. That's because a person who was born abroad and has never made application for proof of citizenship will not be in the CBSA computer.

However, for those who have the time, the best course of action is to 1) apply for the child's citizenship certificate through a Canadian consulate, and 2) apply, at the same time and at the same office, for a limited validity travel document.
 
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mina99

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Jun 21, 2018
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Hi all.

So my wife (Canadian Citizen) and myself (British) have just had a baby girl. We are travelling to Canada to visit my wife's family in September.

We were going to send the application for our child's canadian citizenship certificate next week, and travel to Canada on her British Passport.

However, reading this thread, it seems i would need a limited validity travel document.

Would that be the case, or would it be ok for our baby to travel on the british passport?
 

alphazip

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In my opinion (based on reading posts by people with experience travelling with their children born abroad), you can do one of two things, but not both:

1) Not apply for a citizenship certificate until after the trip, and use the child's non-Canadian passport and eTA to enter Canada, or

2) Apply at a Canadian consulate/high commission for proof of Canadian citizenship, then wait for the certificate to arrive and apply for a passport, or (if time is short) make application for a limited validity travel document at the same time as you apply for proof of citizenship.

I haven't seen where anyone has reported any difficulty with option #1 (quite the contrary), but be aware that some people here hold that the child is not eligible for an eTA because she is a prima facie Canadian citizen.

CBSA agents are not experts in determining citizenship. When crossing at a land border one time, I had a Canadian agent tell me that I couldn't be a citizen of Canada and the U.S., and that I had to pick one or the other!
 
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smallcoffee

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The Canadian ambassy in Paris told me the baby could fly with the ETA but when the citizenship certificate request will be processed it won't be possible anymore.