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amjad1002

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Oct 4, 2012
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Hi All
I have a question about our first baby born , me and my wife living in south Korea and my wife is Canadian citizen but she was born in libya, on her birth she got citizenship ,her father and mother get Canadian Citizen long time ago now my question is that i am not submit my case for PR because i have to wait one year herein South korea than i can submit my PR case so in this period if we want to born baby so can we born in South Korea? if we done this so my baby will be Ok for canadian citizenship or its better my wife go to Canada and born there our baby?

because i read on immigration web site that there are some problem about second generation but i don't know my wife is first generation or second because her father or mother not originally Canadian born.

Pls help me for this .

thanks.
 
amjad1002 said:
Hi All
I have a question about our first baby born , me and my wife living in south Korea and my wife is Canadian citizen but she was born in libya, on her birth she got citizenship ,her father and mother get Canadian Citizen long time ago now my question is that i am not submit my case for PR because i have to wait one year herein South korea than i can submit my PR case so in this period if we want to born baby so can we born in South Korea? if we done this so my baby will be Ok for canadian citizenship or its better my wife go to Canada and born there our baby?

because i read on immigration web site that there are some problem about second generation but i don't know my wife is first generation or second because her father or mother not originally Canadian born.

Pls help me for this .

thanks.


Hi there:

According to this:

http://www.cic.gc.ca/english/citizenship/rules_2009.asp

To protect the value of Canadian citizenship for the future, the 2009 law generally limits citizenship by descent to one generation born outside Canada.


People did not become citizens after the changes include those who:

did not become citizens when the first Citizenship Act took effect on January 1, 1947;
were born in Canada but are not citizens because when they were born, one of their parents was a foreign diplomat and neither parent was a permanent resident or citizen of Canada;
renounced their citizenship as adults with the Canadian government;
had their citizenship revoked by the government because it was obtained by fraud;
were born outside Canada to a Canadian parent, who are not already citizens or who lost their citizenship in the past, and who were born in the second or next generation abroad (this includes people who failed to retain citizenship).



So based on the above, I believe if your baby is born outside of Canada, then he/she will not be a Canadian citizen at birth, since his/her mother (i.e.: your wife) was already born outside of Canada. That's another way of saying that if you want your baby to be a Canadian citizen at birth, then he/she will have to be born in Canada...

By the way: your wife is the first generation Canadian born abroad. Your baby would be the second generation born abroad.

Just want to clarify something: your wife's parents were already Canadians when she was born in Libya?
 
That's a good question, because if I understand correctly that would make her a 'naturalized' Canadian citizen yes? Which could change things. In any case, I totally agree 100% to have baby born in Canada (if you have a choice). We will do the same (even though citizenship will be automatic in our case), as we want to delay that 'first generation abroad' rule - simply because we have a choice.
 
truesmile said:
That's a good question, because if I understand correctly that would make her a 'naturalized' Canadian citizen yes? Which could change things. In any case, I totally agree 100% to have baby born in Canada (if you have a choice). We will do the same (even though citizenship will be automatic in our case), as we want to delay that 'first generation abroad' rule - simply because we have a choice.

Actually I'm not 100% sure if amjad's wife is naturalised... :). He said "on her birth she got citizenship", so I have a feeling she became a Canadian by descent, not due to naturalisation (which means, someone wasn't a Canadian at birth, then obtained a Canadian permanent residency, and then citizenship ^^)
 
I believe you just have to be a citizen before 2009 to pass on citizenship rights. I had my first child on Dec. 15 2008,in Taiwan. I applied for citizenship for him in May 2009. He got his citizenship because i am a canadian citizenship, but because he was born overseas, for his children to be canadian citizens he would have to have the children in Canada. I was told if I had applied in Dec. 2008, he would have retained the ability to pass on citizenship to his child. Not sure how accurate it is as I couldn't get it changed anyway, but that's what the consulate office said.
 
Hi, thanks for your comments. My wife is not a naturalized canadian because she got her citizenship through her parents who were already Canadians after immigrating to canada. I believe we would have to have our child in Canada because her parents were not born in canada, nor was she, thus it would be best to have a child in Canada. Am I right? Thanks again for your help.