How to ensure your child does not get Canadian citizenship?

[tracker_01]

Hello,

I'm naturalized Canadian citizen who also holds another citizenship (Country X), my wife has visitor visa in Canada and citizenship of Country X.

We plan to have a birth of our child in Country X. How to ensure that our child does not become automatically Canadian at birth? (i.e. we do not want him to get Canadian citizenship). Once born, we would like to sponsor and bring child to Canada as a permanent resident.

Country X does not allow dual citizenship.

Thanks.

 

[zardoz]

Hello,

I'm naturalized Canadian citizen who also holds another citizenship (Country X), my wife has visitor visa in Canada and citizenship of Country X.

We plan to have a birth of our child in Country X. How to ensure that our child does not become automatically Canadian at birth? (i.e. we do not want him to get Canadian citizenship). Once born, we would like to sponsor and bring child to Canada as a permanent resident.

Country X does not allow dual citizenship.

Thanks.

I don't think that it's possible. The child has the right to Canadian citizenship by descent and probably cannot renounce citizenship while still a minor. See a lawyer who specialises in this area.

 

[scylla]

I don't think that it's possible. The child has the right to Canadian citizenship by descent and probably cannot renounce citizenship while still a minor. See a lawyer who specialises in this area.

Agreed. You have to be 18 years old to renounce citizenship.

 

[tracker_01]

The child has the right to Canadian citizenship by descent.

Does child has right only or is child automatically citizen? If right to Citizenship only, then child is not citizen until the right is exercised. So, parents should be able to sponsor child and bring him as PR, as long as right is not exercised. Any thoughts on this?

Spoke to 3 different immigration lawyers and 2 said only has right, while 1 said automatically citizen at birth. Need to talk to someone who had actually done this.

Thanks.

P.S. I do realize that if child automatically a citizen at birth, then Citizenship cannot be renounced until age of 18.

 

[links18]

Does child has right only or is child automatically citizen? If right to Citizenship only, then child is not citizen until the right is exercised. So, parents should be able to sponsor child and bring him as PR, as long as right is not exercised. Any thoughts on this?

Spoke to 3 different immigration lawyers and 2 said only has right, while 1 said automatically citizen at birth. Need to talk to someone who had actually done this.

Thanks.

P.S. I do realize that if child automatically a citizen at birth, then Citizenship cannot be renounced until age of 18.

Automatic at birth. No question about it. Sad two immigration lawyers don't know this. Only way to prevent your child from becoming Canadian at birth would be for you to renounce Canadian citizenship before the birth. But check the birth country's law closely. Some countries that do not allow dual citizenship make an exception for minors who automatically acquire another citizenship at birth--but make them choose later in life.

 

[tracker_01]

Automatic at birth. No question about it. Sad two immigration lawyers don't know this. Only way to prevent your child from becoming Canadian at birth would be for you to renounce Canadian citizenship before the birth. But check the birth country's law closely. Some countries that do not allow dual citizenship make an exception for minors who automatically acquire another citizenship at birth--but make them choose later in life.

Thanks for response. However, if you read the Citizenship Act, the heading under which citizenship defined has a heading PART I - THE RIGHT TO CITIZENSHIP. Afterwards, when you read later, it states "a person is a citizen if the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;"

In my opinion that is why it is tricky. You have a law that initially seem to state that everyone under Part I has a Right to Citizenship, and subsequently inside of Part I contradicts itself and states child is citizen.

If anyone has gone through this situation, I would appreciate response.

Thanks.

P.S. I checked with Country X already and they stated that if child has Canadian citizenship, they will not grant Country X citizenship, regardless if he is minor or not.

 

[screech339]

Thanks for response. However, if you read the Citizenship Act, the heading under which citizenship defined has a heading PART I - THE RIGHT TO CITIZENSHIP. Afterwards, when you read later, it states "a person is a citizen if the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;"

In my opinion that is why it is tricky. You have a law that initially seem to state that everyone under Part I has a Right to Citizenship, and subsequently inside of Part I contradicts itself and states child is citizen.

If anyone has gone through this situation, I would appreciate response.

Thanks.

P.S. I checked with Country X already and they stated that if child has Canadian citizenship, they will not grant Country X citizenship, regardless if he is minor or not.

Since your country does not allow dual citizenship, your child will not be able to acquire country of birth citizenship since child is Canadian by law.

The right to citizenship basically says, your child has canadian citizenship by law of citizenship by descent automatically and thus you cannot take away your child's citizenship.

If you want your child to have citizenship of country that don't allow dual citizenship, you have to officially renounce your canadian citizenship before your child is born. And submitting an renunciation of citizenship does not count as officially renounced. The canadian government would have to make it official after receiving your application. That process takes some time.

That is going to be a problem if you are from a country that doesn't allow dual citizenship. Basically you lost your other citizenship, when you became naturalized Canadian. You would not be able to renounce your citizenship as Canada does not allow a person to become stateless.

I got a question for you though. You mentioned that you are from Country X and you hold dual citizenship?

Hello,

I'm naturalized Canadian citizen who also holds another citizenship (Country X), my wife has visitor visa in Canada and citizenship of Country X.

Country X does not allow dual citizenship.

Thanks.

How can you hold two citizenships if Country X does not allow dual citizenship. Are you holding citizenships of Canada and another Country Y?

 

[links18]

I got a question for you though. How can you hold two citizenships if Country X does not allow dual citizenship. Are you holding citizenships of Canada and another country Y?

Loss of citizenship may not be automatic upon acquiring another citizenship, but may require the original country to find out about the naturalization and take some official judicatory actions to strip citizenship?

 

[steaky]

Hello,

I'm naturalized Canadian citizen who also holds another citizenship (Country X), my wife has visitor visa in Canada and citizenship of Country X.

We plan to have a birth of our child in Country X. How to ensure that our child does not become automatically Canadian at birth? (i.e. we do not want him to get Canadian citizenship). Once born, we would like to sponsor and bring child to Canada as a permanent resident.

Country X does not allow dual citizenship.

Thanks.

If you don't tell your child you are a naturalized Canadian and you don't perform the procedures to get his proof of Canadian citizenship, how would your child (or Country X) knows he is Canadian citizen?

I don't understand - Why you can hold the citizenship of Country X, while your child cannot?

 

[links18]

P.S. I checked with Country X already and they stated that if child has Canadian citizenship, they will not grant Country X citizenship, regardless if he is minor or not.

Harsh. Would this country allow the child to resume/acquire their citizenship later in life after renouncing Canadian citizenship as an adult? After all, he/she would have been born there to a parent who held its citizenship.

 

[ttrajan]

Better to take Canada citizenship and PR for other country.

 

[steaky]

Better to take Canada citizenship and PR for other country.

No, better to be citizens of both countries. There are no residency obligations for citizens.

 

[screech339]

Hello,

I'm naturalized Canadian citizen who also holds another citizenship (Country X), my wife has visitor visa in Canada and citizenship of Country X.

We plan to have a birth of our child in Country X. How to ensure that our child does not become automatically Canadian at birth? (i.e. we do not want him to get Canadian citizenship). Once born, we would like to sponsor and bring child to Canada as a permanent resident.

Country X does not allow dual citizenship.

Thanks.

Why would you want to go through the hassle of having to sponsor your child for PR? Why is it so important that your child must have citizenship of country X that doesn't allow dual citizenship. Is it because you want your child be naturalized Canadian instead of citizenship by descent?

Since you are planning to sponsor child for PR and thus will get Canadian citizenship anyway. Why go through the hassle when it is much easier for child to get citizenship by descent than submitting paperwork for citizenship.

 

[ttrajan]

No, better to be citizens of both countries. There are no residency obligations for citizens.

Both countries may not be possible in some cases, since some Asian countries don,t allow dual citizenship.

 

[foodie69]

And the parent of the year award goes to...