Citizenship for US born baby of current Canadian citizens (but only PR at birth)

[mom_of_two]

Hello! I have researched this topic for hours but I am still confused:
My husband and I became Canadian citizens in August 2008. At the time we were in the US for Ph.D. studies, but we met all the requirements for citizenship. Our son was born in the US in September 2007. Now - 2012 - we have finished the Ph.D. and are moving back to Canada. I read that Canadian citizenship is retroactive, so it shouldn't matter that we were only PR at the time of the baby's birth, but when I do the "Are you a Canadian citizen?" test it comes out that my son is NOT a Canadian citizen, because neither parent was a citizen at the time of his birth. I am concerned about OHIP, and also registering him for school (although I understand he can go to kindergarten without a study permit). OHIP is more urgent. Please help me clarify this issue!
Thank you!
mom_of_two

 

[PMM]

Hi

Hello! I have researched this topic for hours but I am still confused:
My husband and I became Canadian citizens in August 2008. At the time we were in the US for Ph.D. studies, but we met all the requirements for citizenship. Our son was born in the US in September 2007. Now - 2012 - we have finished the Ph.D. and are moving back to Canada. I read that Canadian citizenship is retroactive, so it shouldn't matter that we were only PR at the time of the baby's birth, but when I do the "Are you a Canadian citizen?" test it comes out that my son is NOT a Canadian citizen, because neither parent was a citizen at the time of his birth. I am concerned about OHIP, and also registering him for school (although I understand he can go to kindergarten without a study permit). OHIP is more urgent. Please help me clarify this issue!
Thank you!
mom_of_two

1. It is not retroactive in your child's case. As neither of you were a Canadian citizen at the time of the child's birth you will have to sponsor the child for PR. Not eligible for OHIP until 3 months after his "landing".

 

[Leon]

Canadian citizenship is not retroactive. I don't know where you heard that but it is not true.

Because your son was born before you became citizens, he is not entitled to Canadian citizenship. What you need to do is sponsor him for permanent residency. As a US citizen, he can only come with you to Canada under visitor status.

As a visitor, he may not be covered under OHIP and you may have problems enrolling him in school. However, it is possible that they will look at that you are citizens, even that he is not and that it will not be a problem. Contact OHIP to ask about that and contact the school district where you are planning to live.

You could actually have started the process of sponsoring him as soon as you could prove you had plans to move back to Canada because a citizen may sponsor a child for PR even if they live outside Canada if they show plans to move back. However, since you didn't, you should start his sponsorship as soon as possible. See http://www.cic.gc.ca/english/information/applications/fc.asp for your application forms.

When he gets his PR, you can apply for citizenship for him immediately because children do not need to fulfill the 3 years of living in Canada as a PR in order to apply as long as their parent is already a citizen or is applying for it at the same time.

 

[mom_of_two]

Thank you both! Now I am clear - will start procedures right away!