How to ensure your child does not get Canadian citizenship?

[Bs65]

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.

the key point here is the OP cannot sponsor for PR given the fact the child will already be a citizen at birth and this will be obvious in any application by the fact the OP is a citizen and the father of a child born abroad. So any PR application would be pushed back as not valid for a citizen whether formally registered or not.

 

[scylla]

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

I don't think you understanding what the OP is trying to do. What the OP is attempting to do is in fact in the best interests of the child (trying to get the child two citizenships rather than just one).

 

[tracker_01]

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

Thanks for your response. I got my Country X citizenship at birth. When I became naturalized Canadian, Country X did allow dual citizenship at the time. However, since then they stopped.

 

[tracker_01]

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.

Thanks for your response.
Answer is: Country X will not allow this. Reason being, child will have to renounce Canadian citizenship first (i.e. prove that he doesn't have any other citizenship) and then apply for Country X's citizenship. However, Canada will not allow you to renounce unless you have another citizenship (i.e. prevention of statelessness convention). So, it is going to be catch 22.

 

[tracker_01]

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.

Thanks for your response. There is a big chance that in 10-15 years, we as a family may have to move back to Country X due to cultural reasons (i.e. care for aging parents. I would appreciate if others do not comment on this because it is a cultural thing that many people may not understand. So, for sake of argument, please assume that I have a valid reason to return in 10-15 years). Therefore, it is important that all of my family members have Country X citizenship.

 

[tracker_01]

the key point here is the OP cannot sponsor for PR given the fact the child will already be a citizen at birth and this will be obvious in any application by the fact the OP is a citizen and the father of a child born abroad. So any PR application would be pushed back as not valid for a citizen whether formally registered or not.

Thanks for the response. Is this for certain? Have you had personal experience or know someone who had tried to do this? I would appreciate response.

 

[tracker_01]

I don't think you understanding what the OP is trying to do. What the OP is attempting to do is in fact in the best interests of the child (trying to get the child two citizenships rather than just one).

Thanks for your response. Absolutely, best interest of the child is paramount for me.

 

[links18]

Thanks for the response. Is this for certain? Have you had personal experience or know someone who had tried to do this? I would appreciate response.

Its absolutely certain. Any child you father will be a Canadian citizen the moment it leaves the womb, regardless of the place of birth.

 

[keesio]

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.

I always thought exceptions were made for minors. I was born in the US to South Korean nationals. South Korea did not allow dual citizenship at the time. I thought I had dual citizenship or at least claims to South Korean citizenship until I became an adult. The reason why is that when I turned 18, my dad had to file some paperwork for me to the South Korean government that I renounce South Korean citizenship or at least claims to it. My dad was getting letters from the government that I must choose when I turned 18 and must serve in the Korean military if I remain a South Korean national.

But I didn't really pay attention to what was going on so it could be that I misunderstood everything. But I vaguely remember signing some document regarding renouncing something and my dad telling me I needed to serve in the Korean military if I didn't renounce it.

 

[links18]

Thanks for your response.
Answer is: Country X will not allow this. Reason being, child will have to renounce Canadian citizenship first (i.e. prove that he doesn't have any other citizenship) and then apply for Country X's citizenship. However, Canada will not allow you to renounce unless you have another citizenship (i.e. prevention of statelessness convention). So, it is going to be catch 22.

You don't say what the other country is--and you don't have to--so I don't know if it is one with a functioning democratic sphere or one where you might go to jail for criticizing the law, but if it were me and it were important to me for the child to have citizenship of that country, I would attempt to secure it anyway and work my way up the chain to see if an exception would be made somewhere--as the child clearly does not exercise any choice in the matter of being Canadian. If that doesn't work, I would take it to the press--although nobody would likely care until it becomes a pressing material issue for the child, i.e. it couldn't move back with its parents when you need to return to take care of elders. This country seems to have some truly not well thought out, draconian, impractical and not very flexible laws on citizenship that perhaps your case might cause a rethink?

 

[tracker_01]

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.

Its absolutely certain.

Hi guys. Thanks for response. However, can you read below and let me know if you still think child gets citizenship automatically or just a right to citizenship.

Case 1: CBSA officer had stated that "Records indicate that Mr. Chan is not a Canadian citizen, but he has a right to make an application for citizenship" You can read full Toronto Star article here: (cannot post link, so please google "Toronto man sues Canada Border Services" and click on 1st search result)

Case 2: Rabin v. Canada under paragraph {27} where judge stated: "she was not a citizen prior to the coming into force of Bill C-37 on April 17, 2009, but was eligible to apply for proof of citizenship" You can read full decision here: (go to federal court decisions website and search for Rabin v. Canada)

Therefore, in my opinion, my child born abroad will not be automatically Canadian citizen, but will only have right to claim citizenship.

Any thoughts on this is appreciated.

Thanks.

 

[Almost_Canadian]

Sorry if this answer may not be exactly on topic. My question is: how is your intention to renounce your child's Canadian citizenship in his/her best interest ? From what I read, this decision is solely for your best interest- that is to have a possibility to go back to your home country in 10-15 years to look after parents etc.
What is the possibility of having the child born in your home country and having the birth certificate from there and many years later, your child could make the decision to renounce Canadian citizenship and apply for home country citizenship and then go back with all of you. My final comment is that for a child who will grow up in Canada for 15 years, the process to pack up and go back after living in Canada may not be as easy as it seems for you. With no long term link to home country ( except maybe few short holiday visits), it's very hard for kids at age of 15+ to integrate back to home country. Anyway wish you the best, whatever you decide.

 

[tracker_01]

Sorry if this answer may not be exactly on topic. My question is: how is your intention to renounce your child's Canadian citizenship in his/her best interest ? From what I read, this decision is solely for your best interest- that is to have a possibility to go back to your home country in 10-15 years to look after parents etc.
What is the possibility of having the child born in your home country and having the birth certificate from there and many years later, your child could make the decision to renounce Canadian citizenship and apply for home country citizenship and then go back with all of you. My final comment is that for a child who will grow up in Canada for 15 years, the process to pack up and go back after living in Canada may not be as easy as it seems for you. With no long term link to home country ( except maybe few short holiday visits), it's very hard for kids at age of 15+ to integrate back to home country. Anyway wish you the best, whatever you decide.

Thanks for the response. Again, I would appreciate if we stick to main question (i.e. is child automatically citizen or just has a right to claim citizenship). Let's all assume that I have a valid reason and it is in the best interest of the child.

However, to answer your question: I never said I wish to renounce my child's Canadian citizenship. Furthermore, renouncing Canadian citizenship for minors is not possible. I just said that if possible, I would like not to exercise his right to claim his Canadian citizenship. Now, let's assume my child has right to Canadian citizenship and 10 years later we move to Country X. When my child is an adult, and wishes to come to Canada, he can exercise his right at that time as this right is not time limited.

You have a good point that it may be difficult for children to relocate. Obviously, I will have to think hard and weigh everything carefully when time comes, but right now I'm studying my options and would like to know if child is automatically Canadian or just has a right to claim citizenship?

Thanks.

 

[screech339]

Thanks for your response. I got my Country X citizenship at birth. When I became naturalized Canadian, Country X did allow dual citizenship at the time. However, since then they stopped.

Are you saying that those who had dual citizenship prior to the law change gets to keep both citizenships? Or does one automatically lose citizenship the moment it became law.

 

[tracker_01]

Are you saying that those who had dual citizenship prior to the law change gets to keep both citizenships? Or does one automatically lose citizenship the moment it became law.

Those who had dual citizenship prior to the law change were allowed to keep both citizenships. I believe this is international law standard (i.e. you cannot backdate the effect of the law). So, if you had a both citizenship while it was legal, you are allowed to keep them even if law changes. However, those who obtain second citizenship after law has changed must choose one or another.

Thanks.