hypothetical question

[abedelia]

Let's say my husband and I are both Canadian, but not by birth--he is by having been born to Canadian parents in the US and I am by becoming a naturalized Canadian citizen (also born in the US). Let's say we are living in the US and we have a baby. And then we move to Canada. My understanding is that the baby would not be a Canadian citizen. Do we have to "sponsor" the baby??? And then he can apply for citizenship? How does this work?

Is there any difference if my husband is a Canadian citizen and I'm a permanent resident of Canada but the baby is born in the US?

 

[Ned]

Your baby would be a Canadian citizen. I am a naturalized Canadian citizen. My son was born in England (after I became a Canadian citizen) and he is also a Canadian citizen (I obtained a Canadian citizenship certificate for him).

Google "Am I a Canadian Citizen?" and complete the questionnaire on the CIC website on behalf of your baby. Sorry - I can't post the link.

 

[PMM]

Hi

Your baby would be a Canadian citizen. I am a naturalized Canadian citizen. My son was born in England (after I became a Canadian citizen) and he is also a Canadian citizen (I obtained a Canadian citizenship certificate for him).

Google "Am I a Canadian Citizen?" and complete the questionnaire on the CIC website on behalf of your baby. Sorry - I can't post the link.

The child would be a Canadian citizen because of the mother's citizenship if the child was born after 19/04/09.

 

[Ned]

Yes, dates affect things but it's not just babies born outside Canada to naturalized Canadians after Apr 19 2009 who are themselves Canadian citizens. For example, my son was born in England in 1997 to naturalized Canadian parents and he's a Canadian citizen (he has the citizenship card to prove it). The CIC link that I mentioned above (but can't post) should be able to help most people determine if they might be Canadian citizens. In some cases it might not be able to make a determination.

 

[Leon]

According to the new citizenship law, people who took Canadian citizenship from their parents but were born outside Canada can not pass on citizenship to their children. However, people who were born in Canada or are naturalized citizens can.

abedelia's baby will therefore not be able to take Canadian citizenship from the father but it will be able to take it from her if she is a naturalized citizen. They would only need to apply for a citizenship certificate for the baby through the embassy.

If abedelia is a PR and not a citizen, then the child will not have claim to Canadian citizenship through either parent and will have to be sponsored for PR. The father who is a citizen may sponsor the baby for PR even though they live in the US at that time as long as he shows plans to move to Canada when the child gets PR. abedelia who is a PR can only sponsor the baby from within Canada.

The baby will not lose it's PR due to residency requirements as long as it is accompanying a Canadian citizen parent in another country and same with abedelia who is accompanying her husband. If they move back to Canada, the Canadian parent can apply for citizenship right away for the child but abedelia will have to meet the requirements of living in Canada 3 out of the last 4 years before applying.

 

[abedelia]

thank you so much, Leon and others, this is exactly what I needed to know.