Citizenship of a new Born Baby

[UKCanadian84]

Hi,
I am a UK Citizen and my wife is Canadian. We are thinking of having a baby, but we would like to make sure the baby has dual nationality.
I am currently living with my wife in Canada, since Dec 2014 and I have a PR. My wife hasn't got a UK visa. I wanted to ask, what would it take for my baby to be dual nationality?

1. Does one of the parents need to be a citizen in the other country? Does it matter who it is, i.e. the mother or father of the baby?
2. Do we need to be citizens or will a visa be okay? or is a visa/citizenship even needed and just giving birth in the country is enough?
3. If we went to the UK and my wife had a spousal visa, would that be enough?

Any advice you can provide me would be really helpful!

Thank you in advance!!
Kam

 

[Quink]

I think that the child is eligible for citizenship in each country because one parent would be a citizen of each country (hopefully someone else can confirm too though). However it's not automatic for the child - you will need to do paperwork to obtain the citizenship for whichever country the child is not born in. I also think there are timelines where this can be done easily, so don't delay after the birth.

 

[scylla]

How did your wife obtain her Canadian citizenship?

 

[UKCanadian84]

Hi Guys,
Thank you for helping me!

I was born in the UK and my wife was born in Canada.

 

[scylla]

In that case your baby will be a Canadian citizen by default, even if he/she is born in the UK. (I can't speak to the UK citizenship rules.)

Note that if your baby is born in the UK (rather than in Canada), he/she won't be able to automatically pass on Canadian citizenship to his/her offspring.

 

[Msafiri]

Hi Guys,
Thank you for helping me!

I was born in the UK and my wife was born in Canada.

1. Your child if born in Canada would be a Canadian Citizen and a British Citizen by descent. You are best to initially apply for his/her British Passport as proof of his/her British Citizenship as the Foreign & Commonwealth Office does not process births in Canada under Consular Birth Registration (getting an equivalent UK birth certificate). At a later date preferably when back in the UK you can apply for a certificate/registration of British citizenship for the baby from the Home Office. Any child born to your child outside the UK would not be British Citizen unless your child is in designated occupations primarily serving the crown (e.g Royal Army) or EU institutions.

2. Your child if born in the UK would be a British Citizen otherwise than by descent. He/she can transmit British citizenship to the first generation born outside the UK. He/she will also be a Canadian Citizen. He/she will not be able to transmit on his/her Canadian Citizenship to any kids born outside Canada. You should apply for a Certificate of Canadian Citizenship and a Canadian Passport for your child at the same time soon after birth via their High Commission in London.

3. Its best for you to obtain Canadian Citizenship prior to moving back to the UK. Obtaining Canadian citizenship will happen much earlier/sooner than your wife can acquire British Citizenship. She must apply for a UK spouse visa issued for a 5 year probationary period before gaining ILR (UK PR) which she needs for a UK citizenship application.

 

[UKCanadian84]

msafiri thank you so much for your message!

Would anyone happen to know, if my wife is in the UK on a spousal visa, how would that effect the babies citizenship in scenario 2 above?

Would the baby still have British citizenship because its born in the UK and Canadian because of its mother, even though she was in the UK on a spousal visa?

 

[Bryanna]

If your baby is born in the UK, your wife's spousal visa status will not affect your baby's British citizenship because:
One of the parents must be a British citizen (that's you).... or should be legally settled in the UK (i.e. have ILR) when the baby is born.

Your baby will be eligible for a British passport. S/he will not have to register or naturalise