Canadian citizenship for children born outside Canada to Canadian citizen

[jetsky19]

Hello,

I know this topic has been discussed a few times before but just wanted to get a confirmation on my case:

My father moved to Canada in the 70's and got the Canadian citizensip thereafter. He then decided to leave Canada and moved abroad. I was born in the 80s outside Canada and I automatically became a Canadian citizen through my father. I moved to Canada in 2000, studied and worked there for some time and then decided to move outside Canada in 2010.

I am planning to get married to a non-Canadian citizen. The question that comes in my mind is with regards to our babies (when we have one eventually). Will they be getting a canadian citizenship if they are also born outside Canada? If not which nationality will they become? The country where I stay doesn't grant the nationality by birth. In this case, what will happen to our kids?

Appreciate your feedback.

Cheers and Happy New Year to all!

 

[zardoz]

If my understanding is correct, they will not receive Canadian citizenship through you if they are born outside Canada because you are yourself Canadian by descent. http://www.cic.gc.ca/english/helpcentre/answer.asp?q=365&t=5

 

[Msafiri]

1. Transmission of Canadian Citizenship is limted to the first generation born abroad so any of your kids not born in Canada are second generation and thus not Canadian Citizens.

2. Your kids will likely have your other citizenship and/or their mother's but they may also be stateless depending on the citizenship transmission rules of your respective countries - if you care to name the countries in question you would get a conclusive answer.

 

[Leon]

Msafiri is right. Since 2009, Canadians who were born outside Canada and gained their citizenship through descent can not pass citizenship to their children.

If your children can not gain citizenship of their country of birth, you have to look into if they can gain the citizenship of the other parent. If not, do you have dual citizenship? Did your father have dual? You could look into if you can get dual, can your children get that citizenship.

If nothing works out, your children may end up stateless. Some countries that normally do not give citizenship by birth will make an exception if the baby will otherwise be stateless. Otherwise, last resort, you go to the media in each of the countries in question and complain until one of those countries agrees to give your child citizenship.

If you ever decide to move back to Canada, you can sponsor your spouse and children for permanent residency and after you have moved to Canada with your children who will then be permanent residents, you can apply for their citizenship. Your spouse would have to live in Canada for 3 years as a PR before they could apply.

 

[jetsky19]

Thank you all for your replies.

I have only a Canadian passport and never had any other nationality/passport. The country in question is in the Middle East and for sure they will not give citizenship. Most likely in this case, the baby will then get the mother's citizenship which I am not keen for the kids to have. It's really not a fair rule especially considering that we will definitely come back to Canada but not for the moment due to work.

I guess I will have to move back to Canada so that our kids can get the Canadian citizenship. Hoping the law will change to avoid this issue =(

 

[zardoz]

I think that there is zero possibility that the law will change again in your favour. If anything, they are making it harder to obtain Canadian citizenship, not easier. In your position, I would ensure that they are born in Canada...

 

[Leon]

Thank you all for your replies.

I have only a Canadian passport and never had any other nationality/passport. The country in question is in the Middle East and for sure they will not give citizenship. Most likely in this case, the baby will then get the mother's citizenship which I am not keen for the kids to have. It's really not a fair rule especially considering that we will definitely come back to Canada but not for the moment due to work.

I guess I will have to move back to Canada so that our kids can get the Canadian citizenship. Hoping the law will change to avoid this issue =(

You have two options. If your wife is visa exempt to Canada or if you can get her a multiple entry visa to Canada, you could have her travel to Canada in order for the children to be born in Canada. However, this could mean that you would be separated from your wife for some time if you can not take time off work, it would mean that you would have to pay $$$ for the birth of your children because your wife is not covered by Canadian health care and it could mean that your wife is in Canada alone unless you have some family who can take care of her. The other option would be that you let your children be born where you are staying and have then get your wife's citizenship and then sponsor her and them for PR at the same time before you move to Canada. I really do not see how it is a bigger deal for you to sponsor the children for PR than your wife which you'd have to sponsor anyway.

 

[Moe...]

You have two options. If your wife is visa exempt to Canada or if you can get her a multiple entry visa to Canada, you could have her travel to Canada in order for the children to be born in Canada. However, this could mean that you would be separated from your wife for some time if you can not take time off work, it would mean that you would have to pay $$$ for the birth of your children because your wife is not covered by Canadian health care and it could mean that your wife is in Canada alone unless you have some family who can take care of her. The other option would be that you let your children be born where you are staying and have then get your wife's citizenship and then sponsor her and them for PR at the same time before you move to Canada. I really do not see how it is a bigger deal for you to sponsor the children for PR than your wife which you'd have to sponsor anyway.

How do one go about making a one month old child a Canadian Citizen who is born in USA to a Naturalized Canadian Citizen father?
What papers do the child need to come to Canada on? and
What process the child has to go through to become a Canadian Citizen also?

 

[Leon]

How do one go about making a one month old child a Canadian Citizen who is born in USA to a Naturalized Canadian Citizen father?
What papers do the child need to come to Canada on? and
What process the child has to go through to become a Canadian Citizen also?

If you are living in the US and not in a hurry to get back to Canada, you would apply for the childs citizenship certificate through a Canadian embassy in the US. You can find the application forms and instructions here: http://www.cic.gc.ca/english/citizenship/proof-how.asp The processing time can be 9-10 months when you apply through an embassy, see http://www.cic.gc.ca/english/information/times/canada/certif-processing.asp
If you want to take the baby to visit Canada in the meantime, you can use the baby's US passport.

If you are living in Canada or intending to move to Canada and want to take the baby with you for a longer stay, it would be best if you take the baby to Canada on the baby's US passport and tell immigration when you pass that you want a visitor record for the baby because you are applying for it's Canadian citizenship certificate. After you are inside Canada, you can apply for the citizenship certificate inland. It should take around 6 months.