Canadian Citizenship for US Born child

[pk_2015]

Hi,

Me and my wife are going to apply for Canadian citizenship. I am thinking whether I should apply for my US born child as well. He currently has US citizenship.

Please share your views...thanks in advance.

 

[catharines]

Hi,

Me and my wife are going to apply for Canadian citizenship. I am thinking whether I should apply for my US born child as well. He currently has US citizenship.

Please share your views...thanks in advance.

I applied for my son who has US citizenship too

 

[hawk39]

Hi,

Me and my wife are going to apply for Canadian citizenship. I am thinking whether I should apply for my US born child as well. He currently has US citizenship.

Please share your views...thanks in advance.

I'm guessing that you and your wife were "birth tourists" in the US, so the real question is if you want your son to be a dual citizen. As a US citizen, he will have to pay taxes to the US government whenever and wherever he starts earning an income, and he will have to register for the Selective Service when he turns 18. If you don't want to burden him with these obligations, then it would be a good idea to apply for Canadian citizenship for him so that when he turns 14, he can renounce his American citizenship.

 

[pk_2015]

I'm guessing that you and your wife were "birth tourists" in the US, so the real question is if you want your son to be a dual citizen. As a US citizen, he will have to pay taxes to the US government whenever and wherever he starts earning an income, and he will have to register for the Selective Service when he turns 18. If you don't want to burden him with these obligations, then it would be a good idea to apply for Canadian citizenship for him so that when he turns 14, he can renounce his American citizenship.

No we were there on work visa. Thanks for sharing your view.

 

[blueangel371115]

My oldest son was born in the US, I applied for his Canadian ( I'm a PR from the US) and we are doing the reverse for my younger son ( born here). They are both entitled to dual citizenship and we wanted them to have both until such time they can decide on their own whether or not to have both.

 

[nyguy2]

Hi,

Me and my wife are going to apply for Canadian citizenship. I am thinking whether I should apply for my US born child as well. He currently has US citizenship.

Please share your views...thanks in advance.

Since your child was born in the US and was not a Canadian citizen via acquisition at birth, having your child in Canada may be considered a "potentially expatriating act" to the US and cause a loss of US citizenship. I'm not an immigration lawyer however, so if you want to verify this it might be better to get professional advice. (Naturalizing in another country is listed as a potentially expatriating act by the US).

I'm guessing that you and your wife were "birth tourists" in the US, so the real question is if you want your son to be a dual citizen. As a US citizen, he will have to pay taxes to the US government whenever and wherever he starts earning an income, and he will have to register for the Selective Service when he turns 18. If you don't want to burden him with these obligations, then it would be a good idea to apply for Canadian citizenship for him so that when he turns 14, he can renounce his American citizenship.

Renouncing the American citizenship costs more than $2,400 plus hassle plus paperwork, and the US has a foreign earned income exclusion for US citizens taxed abroad so you don't owe anything if you make less than $101,300 USD abroad in a given year. If the equivalent tax (income tax) is higher in Canada (or whatever country you are abroad in) than the US, then you can claim the foreign tax credit instead, and you would not owe the US anything.

You do have to file any year that you make more than $10,000 USD (as a single filer), but form 1040 is not that bad, and some Free file providers for the 1040 can accommodate foreign addresses.

To me the advantages a US citizenship confers (including the right to enter the US and work in the US) would outweigh the marginal effort each year to file a return. If for whatever reason pk_2015's child wants to study, work, or live in the US at some point, it becomes substantially harder and more expensive to do so if they have renounced their citizenship.

 

[alphazip]

Since your child was born in the US and was not a Canadian citizen via acquisition at birth, having your child in Canada may be considered a "potentially expatriating act" to the US and cause a loss of US citizenship.

"Having your child in Canada"? The question has to do with whether to apply for Canadian citizenship for a U.S. born child. My answer is, of course, why not? There is a downside to being a U.S. citizen (financial issues), but no downside that I know of to being a Canadian citizen, and the child is already a U.S. citizen by birth. Thousands of U.S. citizens have become Canadian citizens without losing their U.S. citizenship, so any concern about that possibility is overblown.

 

[pk_2015]

Thanks everyone. After some thought i have decided to apply for his Canadian Citizenship

 

[nyguy2]

"Having your child in Canada"? The question has to do with whether to apply for Canadian citizenship for a U.S. born child. My answer is, of course, why not? There is a downside to being a U.S. citizen (financial issues), but no downside that I know of to being a Canadian citizen, and the child is already a U.S. citizen by birth. Thousands of U.S. citizens have become Canadian citizens without losing their U.S. citizenship, so any concern about that possibility is overblown.

Mea culpa. I meant having OP's child naturalize in Canada, at least by the letter of the law.

In practice I do agree that the possibility is remote. You "renounce all foreign citizenships" when you naturalize in the US by the words spoken, but pretty much every country (Canada included) doesn't consider that to apply either.

 

[blueangel371115]

Mea culpa. I meant having OP's child naturalize in Canada, at least by the letter of the law.

In practice I do agree that the possibility is remote. You "renounce all foreign citizenships" when you naturalize in the US by the words spoken, but pretty much every country (Canada included) doesn't consider that to apply either.

By the words of the oath it does lead you to believe that and the State department website seems to discourage it for military reasons. If your to countries of citizenship go to war with each other, where do your allegiances lie? Since technically, you swore allegiance to both. However, also from what I've read you also have to make a sworn statement to an official your intent to rescind citizenship, they don't just send you notice you no longer have it. From my understanding.

 

[alphazip]

By the words of the oath it does lead you to believe that and the State department website seems to discourage it for military reasons. If your to countries of citizenship go to war with each other, where do your allegiances lie? Since technically, you swore allegiance to both. However, also from what I've read you also have to make a sworn statement to an official your intent to rescind citizenship, they don't just send you notice you no longer have it. From my understanding.

In this case, the child is already a U.S. citizen. The Canadian oath does not contain a renunciation of foreign citizenships.

If the case were reversed, yes, the U.S. oath contains a renunciation, but nowadays most other countries ignore it, though that wasn't always the case.

In practical terms, the United States does not currently strip individuals of their citizenship for taking another citizenship. The U.S. Supreme Court has ruled against that practice starting in the 1960s. (See: https://en.wikipedia.org/wiki/Afroyim_v._Rusk) However, there can be repercussions in the U.S. of having multiple citizenships, mainly in terms of not receiving a security clearance (if one has a job requiring such).

 

[blueangel371115]

Makes sense. My sons are dual citizens by virtue of birth. I'm a US citizen and my husband's Canadian. Whether or not they keep them is up to them.

 

[nyguy2]

In this case, the child is already a U.S. citizen. The Canadian oath does not contain a renunciation of foreign citizenships.

If the case were reversed, yes, the U.S. oath contains a renunciation, but nowadays most other countries ignore it, though that wasn't always the case.

In practical terms, the United States does not currently strip individuals of their citizenship for taking another citizenship. The U.S. Supreme Court has ruled against that practice starting in the 1960s. (See: https://en.wikipedia.org/wiki/Afroyim_v._Rusk) However, there can be repercussions in the U.S. of having multiple citizenships, mainly in terms of not receiving a security clearance (if one has a job requiring such).

Correct, in practical terms the US is unlikely to enforce the oath of citizenship as being expatriating, particularly as a child.

As far as security clearances go other citizenships can be a barrier. The biggest concern is a foreign passport - in almost all cases, multiple citizens have to surrender all of their non-US passports to get a security clearance. Then depending on the agency and the guidelines, expressing a "preference" for another nation can be an issue, but generally acquiring the citizenship involuntarily (like jus soli citizenship in Canada) or as a minor under the direction of parents (like OP) is a mitigating factor. This concern for a clearance can often be mitigated by expressing a "willingness" to renounce foreign citizenships (not necessarily actually requiring it in the end).

This impacts an exceedingly small number of people though, and the benefits conferred by having the Canadian citizenship would likely exceed the theoretical benefit of potentially holding a US security clearance in the future.