Tricky Situation - Dad's name left off birth certificate abroad. CPC rejects

[VermiciousKnish]

Hi All,

Here is the situation, CDN citizen married to a USA citizen living overseas for 3 years in Middle East. They had a son while they were there. They have since moved back to Canada and are in the process of spousal sponsorship from outside Canada. They applied for citizenship certificate for their son but it turns out that dad's name was inadvertently left of birth registration documents at the hospital when son was born. His name is on US consular birth abroad, Hospital entry records, but was omitted from actual birth certificate in that country.

CPC saying that because dad's name is not on actual birth certificate, they can not grant CDN citizenship certificate and require more proof of the relationship between father and son. They will not accept US consular birth abroad as evidence. Consulate in Jordan says there is nothing husband and wife can do to change birth records unless they travel to that country. Call centre says even DNA evidence is not enough proof since this does not prove that mom actually wanted her son to become a CDN citizen. Child is 2 years old now and is waiting for OHIP throughout. What to do?

Option 1 - keep fighting with CPC Sydney. Try DNA sample?

Option 2 - include child in mom's spousal sponsorship application and make him PR. Is there any downside for this child if he gives up natural citizenship for "naturalized citizenship" route via permanent residence? Will this effect any of his rights down the road? Will he not be able to sponsor a wife/child/relative one day down the road because he himself was sponsored?

The second option seems more likely to succeed but are there any risks? downside?

Thanks in advance
Verm

 

[keesio]

Call centre says even DNA evidence is not enough proof since this does not prove that mom actually wanted her son to become a CDN citizen.

WHAT??? That makes no sense! It doesn't matter what the intent or desire was. If the kid has a Canadian parent (assuming the Canadian parent did not get citizenship passed down to him from abroad), the kid is a citizen. Someone will need to clarify that comment that the call centre rep told you because I am confused.

 

[dbss]

I think this will be a good time to involve the MP for your area and bring forward your concerns with them. This is a case where an exception will need to be made for the requirements.

You will also need to explain why the name was not entered in the first place. Another question is why you didn't register your child's birth in Jordan with Canadian Consulate when you did so with the US Consulate?

All of this will be much easier if you can just get the name entered in the certificate. You can fight tooth and nail but you may end up spending more time fighting than the actual time to get the name entered. CIC's guidelines do say that both parents be listed on the birth certificate issued where the child was born.

If you were born outside Canada to a Canadian parent on or after January 1, 1947, then send the following supporting documents:
A birth certificate which lists your parents (issued by the responsible government authority in the country where you were born);
Proof that one or both of your natural parents was, at the time of your birth, a Canadian citizen (i.e. your parent's provincial or territorial birth certificate, naturalization certificate, Canadian citizenship certificate or registration of birth abroad certificate);
Two (2) pieces of personal identification, such as a passport, a driver's licence and a health insurance card, one of which must have your photo on it;
If neither of your parents were born or naturalized in Canada before your birth, and either of your parents, or any grandparents, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person, please submit evidence of your parents or grandparents' employment (see section on Crown servants in this guide for further instructions and acceptable proof of your parent/grandparent's employment as a Crown servant);
Other documents, such as a marriage certificate/divorce certificate and/or a legal name change certificate (if applicable)

In terms of PR, it is always better to have citizenship by birth or descent than naturalized not that it matters (today) once you become citizen.

 

[VermiciousKnish]

So CPC/Call centre is saying that because dad's name (CDN citizen) was left off the birth certificate this is an indication that the mom did not want her child to have CDN citizenship. For this reason, they are saying that DNA match will not help since even though it will prove that father is real father, no name on birth certificate indicated mom rejected CDN citizenship for her child.

I got local MP involved. We tried to get them to ask CPC to accept alternative proof since consulate said only way to change records is for family to travel back to Jordan. CPC Sydney just gave MP's office the same old canned response..."try to get consulate involved, try changing birth records, perhaps try DNA test, blah blah blah"

Name was left off birth certificate for no apparent reason! Dad only realized this now once they are back in Canada and only when CPC rejected citizenship certificate application. He did not think twice about it until now. That is why he did not register with CDN consulate in Jordan.

If son takes the PR route, is there any real downside to losing "citizenship by birth" right to "naturalized citizen" route?? Sure it seems stronger to have citizenship by birth but sounds like CPC will not get off their high horse here. What rights will child actually lose? Only thing I can think of is they change citizenship rules down the road one day. Anyone else care to weigh in on this specific point?

 

[keesio]

If son takes the PR route, is there any real downside to losing "citizenship by birth" right to "naturalized citizen" route?? Sure it seems stronger to have citizenship by birth but sounds like CPC will not get off their high horse here. What rights will child actually lose? Only thing I can think of is they change citizenship rules down the road one day. Anyone else care to weigh in on this specific point?

Since the son was born abroad, "naturalized citizen" actually has one big advantage over "citizenship by descent". A naturalized citizen would be able to pass his citizenship to a child born abroad without restriction. A person who received citizenship via descent when born abroad would not be able to then pass canadian citizenship to his child if his child is also born abroad. This is due to the recent changes in the law where passing on citizenship via descent while abroad is limited to one generation.

 

[VermiciousKnish]

Since the son was born abroad, "naturalized citizen" actually has one big advantage over "citizenship by descent". A naturalized citizen would be able to pass his citizenship to a child born abroad without restriction. A person who received citizenship via descent when born abroad would not be able to then pass canadian citizenship to his child if his child is also born abroad. This is due to the recent changes in the law where passing on citizenship via descent while abroad is limited to one generation.

So you're saying if this kid becomes a naturalized citizen he can one day have a child abroad and still pass on CDN citizenship to that child, whereas if he obtains it as a right, he can not pass it on to future children unless they're born in Canada?

Also, I imagine child will need medical exam if he goes the PR route. Will they make an infant get a full medical? Any other hoops they'll make him jump through?

 

[keesio]

So you're saying if this kid becomes a naturalized citizen he can one day have a child abroad and still pass on CDN citizenship to that child, whereas if he obtains it as a right, he can not pass it on to future children unless they're born in Canada?

Exactly. It is detailed here:
http://www.cic.gc.ca/english/citizenship/rules_2009.asp

The key parts:

Understanding the first generation limitation

Since April 17, 2009, Canadian parents can only pass citizenship to their children born outside of Canada if, at the time of their birth:

one of the parents was born in Canada or
one of the parents became a Canadian citizen by being granted citizenship, also known as naturalization (except if the parent became a Canadian citizen using the citizenship process for intercountry adoption).

 

[VermiciousKnish]

UPDATE - After weeks of trying, and even getting the local MP involved, they still say that "they require additional proof". The dad is not going to travel overseas just to take care of this. They are considering DNA test but wife's spousal sponsorship is in final approval stages and they are nervous that if DNA doesnt work as proof (or takes too long for an answer) they will no longer be able to add their child as an "add-on" on the mom's PR application.

If they just take the add-on route, will the child have to have a medical exam as well? Is it as rigorous as the adult medical? The child is only 2 years old. Will this delay chances of getting OHIP? I've heard that OHIP will grant temporary certificate for 1 year while you wait for a citizenship certificate but I have not heard they will do the same while the child waits for PR status. Final thoughts on which route to take?

Thanks,
Verm