First generation limit to citizenship by descent

[Leon]

screetch is right. If you decide to move to Canada, your wife can sponsor you and your child for PR. As a citizen, she doesn't have to reside in Canada in order to sponsor you but she would need to prove that you will be moving to Canada when you get your PR.

Another way for the child to be Canadian would be for her to give birth to the child in Canada but if she has not been living in Canada for some time, she would have lost her health care and you would have to pay the hospital bill out of pocket.

 

[screech339]

screetch is right. If you decide to move to Canada, your wife can sponsor you and your child for PR. As a citizen, she doesn't have to reside in Canada in order to sponsor you but she would need to prove that you will be moving to Canada when you get your PR.

Another way for the child to be Canadian would be for her to give birth to the child in Canada but if she has not been living in Canada for some time, she would have lost her health care and you would have to pay the hospital bill out of pocket.

It depends on where they settle. If they move to alberta, then she would be covered from day one.

Screech339

 

[Leon]

It depends on where they settle. If they move to alberta, then she would be covered from day one.

Screech339

Not just AB but any province except Ontario, BC and Quebec provide first day health care for returning residents. However, as far as I understand, they are not considering moving to Canada at the moment.

 

[alphazip]

The law has changed a few times over the years so when someone was born can be important. It is also very important to know if your father willingly renounced his citizenship before you were born. If he did, you would not be able to claim citizenship.

You can do the self-assessment for your father or for yourself at http://www.cic.gc.ca/english/citizenship/rules/index.asp or you can just try to apply for it at http://www.cic.gc.ca/english/information/applications/certif.asp and see what happens.

Yes, everyone with a parent born in Canada should really pay attention to the fact that the law changed in 2009, and then again this year, so that an answer received in the past about a right to citizenship is likely out of date. Basically, anyone born to a Canadian-born parent (whether the parent became a foreign citizen or not) is now a Canadian citizen. The exception is for the rare circumstance of a person renouncing their citizenship to CANADIAN AUTHORITIES. If your dad renounced to the U.S. Army or a judge in Alabama, that doesn't count...he's Canadian, and so are you.

 

[sicko86]

It is really easy.

1. If the baby is born in Canada, it is always Canadian.

2a. If the baby is born outside Canada but at least one parent is either a naturalized citizen or a born citizen, they can get a citizenship certificate for the baby as the first generation born abroad. However, when baby grows up, he or she will not be able to pass it to their children.

2b. If the baby in 2a. grows up and has a baby born outside Canada, it will not have the right to citizenship but if the parent is planning on moving to Canada, they can sponsor the child for PR. Once the child has PR, they can apply for the citizenship of the child and the child will then be a naturalized citizen.

The Law has a problem in certain cases .. let say Your baby was born outside Canada because you left the country temporarily lets say for that exact year .. then lets assume the same scenario happened again with your son (assuming you son lived all his life here but wasn't born here) .. he had a baby born outside Canada while he was Temporarily working abroad .. your grandson/granddaughter be stateless! even if you have strong ties to the country.

One the other hand, lets assume somebody not living in Canada but holding a Canadian Passport .. comes here to give birth to his baby and leave and live here or pay tax .. 30 years later his son who lived abroad all his life ... come back to Canada and give birth to the grandson .. in this case the Citizenship will be passed indefinitely. I am not saying in this case citizenship should be revoked ... but I am comparing between two realistic scenarios.


Here is an example: http://www.thestar.com/news/canada/2012/09/23/canadian_family_divided_by_citizenship_changes.html

 

[TurcoCanuck]

Yes Leon I recognize that. What I am saying though is I dont see much difference except for paper work (besides the time difference it would take for processsing).

Case 1: Baby born to Canadian parents outside Canada - File for citizenship certificate for PR
Case 2: Baby born to PR parents (Citzenship under processing) outside Canada - Sponsor baby for PR and immediately file for Citizenship since the baby doesnt not have to fulfil 3 year residency. This can be done outside Canada. (?)

Both of the above options would eventually allow for the foreign-born child to live in Canada as a citizen but there could be some important differences between Canadian citizenship at birth and through naturalization when it comes to dual citizenship: In some countries (Germany comes to mind but there are others) dual citizenship is tolerated only in those situations where these citizenships are obtained at birth. Consequently, if Canadian citizenship is obtained through naturalization this could result in the loss of the child's other citizenship whereas this would not be the case if the child was a citizen through birth by virtue of having a naturalized or Canadian-born parent.

The above is likely not applicable to most people but it's definitely something to consider since not everyone might be willing to trade their citizenship from another country (e.g. EU) for Canadian citizenship.

 

[llinllinn]

Hello,

I was born outside of Canada in 1992 to a Canadian father (Thai mother.) I received my Canadian citizen card & passport in 1993 and have been living in Canada since. Am I a naturalized Canadian?

Also, I am planning to have my baby in Thailand (British National father) but would hope my baby is eligible for a Canadian passport.

Will my baby be Canadian?

I am very confused with the Citizen Act of 2009. When I try and research the information, it is filled with jargon and I don't understand. I will not have my baby abroad if that means he/she will not be Canadian.

Please help.

 

[canuck_in_uk]

I was born outside of Canada in 1992 to a Canadian father (Thai mother.) I received my Canadian citizen card & passport in 1993 and have been living in Canada since. Am I a naturalized Canadian?

Also, I am planning to have my baby in Thailand (British National father) but would hope my baby is eligible for a Canadian passport.

Will my baby be Canadian?

HI

As you are a citizen by descent, you cannot pass your Canadian citizenship on to your children. The only way for your child to be born Canadian is if you give birth IN Canada.

 

[screech339]

Hello,

I was born outside of Canada in 1992 to a Canadian father (Thai mother.) I received my Canadian citizen card & passport in 1993 and have been living in Canada since. Am I a naturalized Canadian?

Also, I am planning to have my baby in Thailand (British National father) but would hope my baby is eligible for a Canadian passport.

Will my baby be Canadian?

I am very confused with the Citizen Act of 2009. When I try and research the information, it is filled with jargon and I don't understand. I will not have my baby abroad if that means he/she will not be Canadian.

Please help.

You are not a naturalized Canadian. You are Canadian by descent. Since you are Canadian by descent, you cannot pass your Canadian citizenship to your baby. So if you want your baby to have Canadian citizenship, you have two choices.

1: Have baby in Canada. Be prepared to pay for medical cost of delivering your baby in Canada (depending on how far along your pregnancy is). Some provinces have a 3 month wait before health coverage.

2: Have baby in Thailand. Sponsor baby for PR sponsorship. Once baby lands in Canada with PR, you can submit Canadian citizenship application for baby. Baby will become naturalized Canadian once citizenship is granted.

 

[Rita80]

You are not a naturalized Canadian. You are Canadian by descent. Since you are Canadian by descent, you cannot pass your Canadian citizenship to your baby. So if you want your baby to have Canadian citizenship, you have two choices.

1: Have baby in Canada. Be prepared to pay for medical cost of delivering your baby in Canada (depending on how far along your pregnancy is). Some provinces have a 3 month wait before health coverage.

2: Have baby in Thailand. Sponsor baby for PR sponsorship. Once baby lands in Canada with PR, you can submit Canadian citizenship application for baby. Baby will become naturalized Canadian once citizenship is granted.

Question Please: In case 2, Can llinllinn who is Canadian by descent residing in Thailand, Sponsor her baby (delivered in Thai) to get a PR in Canada ?

 

[Leon]

Question Please: In case 2, Can llinllinn who is Canadian by descent residing in Thailand, Sponsor her baby (delivered in Thai) to get a PR in Canada ?

Yes, a Canadian citizen may sponsor a family member while living outside Canada. They do however have to show proof that they will be moving to Canada when their family member gets their PR.

I'd also like to add that in case 1: even if she registers for medical coverage and gets it before having the baby, she should be prepared to stay in the province for at least 5-6 months in order to avoid later being accused of health care fraud. Medical care in Canada is for residents, not for people who are just passing through. In order to be eligible in any province, you need to be committed to residing there for at least as long at they say which varies. It is never more than 6/12 months or 6 months in a year but in some it is only 5. In Ontario, it's 5/6 months after arriving but 5/12 after that but they have a 3 month waiting period though.

 

[llinllinn]

You are not a naturalized Canadian. You are Canadian by descent. Since you are Canadian by descent, you cannot pass your Canadian citizenship to your baby. So if you want your baby to have Canadian citizenship, you have two choices.

1: Have baby in Canada. Be prepared to pay for medical cost of delivering your baby in Canada (depending on how far along your pregnancy is). Some provinces have a 3 month wait before health coverage.

2: Have baby in Thailand. Sponsor baby for PR sponsorship. Once baby lands in Canada with PR, you can submit Canadian citizenship application for baby. Baby will become naturalized Canadian once citizenship is granted.

Thank you for breaking it down for me.

I am currently residing in Canada so medical wont be a problem. BUT.. why can my child be born outside Canada, become a PR and then become a naturalized citizen but I can not?

If I give birth in Canada will my child still be a naturalized citizen?

 

[scylla]

I am currently residing in Canada so medical wont be a problem. BUT.. why can my child be born outside Canada, become a PR and then become a naturalized citizen but I can not?

Because you are a citizen by descent. The only way you could become a naturalized citizen is if you renounced your Canadian citizenship, successfully applied for and became a permanent resident, and then qualified for and obtained citizenship again.

If I give birth in Canada will my child still be a naturalized citizen?

No - the child will be a citizen by birth.

 

[Leon]

Thank you for breaking it down for me.

I am currently residing in Canada so medical wont be a problem. BUT.. why can my child be born outside Canada, become a PR and then become a naturalized citizen but I can not?

If I give birth in Canada will my child still be a naturalized citizen?

scylla is right and to add that it would not be easy for you to renounce your citizenship and apply again because if you do it, you are neither a citizen nor a PR and you would first have to qualify to apply for PR before you can even think about applying for citizenship again.

If your child is born in Canada, no worries. He or she is a citizen by birth.

 

[DennyA]

Hi! One thing I can't find a clear answer to... I'm a Canadian Citizen by descent -- my mom was born in Hamilton, Ontario.

My son was born in the USA in 2002, before the rules changed to limit to one generation and before I got my proof of citizenship. Were people born before 2009 grandfathered in (since they were "considered" citizens at the time of birth), or would we have had to apply for his proof of citizenship before the rules changed? What I've read isn't clear.

Thanks!