Citizenship (Birth Abroad)

[Cloud83]

Hi,

I saw in the citizenship certificate application instructions that if a baby is born abroad to a Canadian parent was also born abroad then their baby would not be Canadian automatically due to being second generation born abroad.(see full text below)

Does anyone know how this works if one of the Canadian parents was born abroad and the other in Canada?

Thanks


Appendix A
Amendments to the Citizenship Act limit citizenship by descent
On April 17, 2009, the rules for Canadian citizenship changed for persons born outside Canada to Canadian parents, and who were not themselves already Canadian citizens when the rules changed.

Canadian citizenship by birth outside Canada to a Canadian citizen parent (citizenship by descent) is now limited to the first generation born outside Canada.

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if:

• their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada), or
• their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada)

 

[hawk39]

As long as one parent was born or naturalized in Canada, then the child will be considered first generation abroad to that parent and would derive their citizenship from that parent.