First generation limit to citizenship by descent

[AllisonVSC]

In a thread talking with Americans in Canada (different forum) the discussion of citizenship by descent came up. We found the explanation on cic website "about as clear as mud."

I'll post them here...
First generation limit to citizenship by descent

As of April 17, 2009, citizenship by descent (that is, citizenship through a parent) is limited to the first generation born or adopted outside Canada.

In general, people born outside Canada to a Canadian citizen on or after April 17, 2009, are Canadians at birth only if one of their parents:

was born in Canada, or
became a Canadian citizen by immigrating to Canada (becoming a permanent resident) and being granted citizenship (also known as naturalization).*
This first generation limit also applies to children adopted by a Canadian parent outside Canada, if the parent was born outside Canada to a Canadian parent, or if the parent had become a citizen through the citizenship adoption process. The first generation limit does not apply to children adopted by a Canadian parent who became a citizen through the regular grant process after immigrating to Canada.

This first generation limit does not apply to a child born outside Canada in the second or subsequent generation, or adopted outside Canada in the second or subsequent generation if, at the time of the child’s birth or adoption, the Canadian parent is working outside Canada as an employee of the Canadian government or a Canadian province or territory or serving outside Canada with the Canadian Forces.

It is important to note that the first generation limit does not take citizenship away from a person who is a citizen on April 16, 2009.

* Some naturalized citizens became citizens by descent by operation of law on April 17, 2009. If you think this may apply to you and you need more information, please contact us (see the “Contact information” section at the end of this publication).

Any explanation is layman's terms would be most appreciated.

One poster said...
I thought that as long as one parent is a canadian citizen, either by birth or naturalization, their child can be candian regardless of place of birth. Ie, if my daughter becomes a dual citizen, and her child is born in the US but is granted Canadian citizenship because her mother is naturalized, then my great grandkids can be citizens because THIER parent is a naturalized citizen. Is this a interpretation correct, or no? Thanks.

 

[Leon]

One poster said...
I thought that as long as one parent is a canadian citizen, either by birth or naturalization, their child can be candian regardless of place of birth. Ie, if my daughter becomes a dual citizen, and her child is born in the US but is granted Canadian citizenship because her mother is naturalized, then my great grandkids can be citizens because THIER parent is a naturalized citizen. Is this a interpretation correct, or no? Thanks.

It is really easy.

1. If the baby is born in Canada, it is always Canadian.

2a. If the baby is born outside Canada but at least one parent is either a naturalized citizen or a born citizen, they can get a citizenship certificate for the baby as the first generation born abroad. However, when baby grows up, he or she will not be able to pass it to their children.

2b. If the baby in 2a. grows up and has a baby born outside Canada, it will not have the right to citizenship but if the parent is planning on moving to Canada, they can sponsor the child for PR. Once the child has PR, they can apply for the citizenship of the child and the child will then be a naturalized citizen.

 

[Alabaman]

What about this scenario:

A baby was born outside Canada while one of the parent's citizenship application is under processing (The other parent is not a Canadian citizen). Can the parent pass citizenship when eventually the citizenship processing is complete?

 

[AllisonVSC]

Darn if you shouldn't write for the cic, Leon! That makes complete sense. Thanks.

Interesting question, Alabaman. If I were a betting person, I'd bet the answer is no. Looking forward to hearing an answer.

 

[Alabaman]

Darn if you shouldn't write for the cic, Leon! That makes complete sense. Thanks.

Interesting question, Alabaman. If I were a betting person, I'd bet the answer is no. Looking forward to hearing an answer.

So I did a search and here is the answer as posted by PMM in a similar thread.

"As neither of you were citizens at the time of the child's birth, then the child would have to be sponsored to become a Permanent Resident. Once a Permanent resident, you could apply for citizenship on her behalf. She doesn't have to meet the 3 years residency requirement if under 18."

The interesting thing however (if you look closely), is that the child still becomes a citizen at birth

 

[Leon]

Alabaman, the big issue here it the birthday of the child. If the child is born before the parent takes the oath, it does not have the right to citizenship by descent as the parent was not a citizen when it was born. If the child is born after oath, it does. Say the father is in Canada taking the oath and the mother is in another country. The baby is born during the oath ceremony. I am not sure how well they time those things but there might be a dispute.

In any case, if the child is born before taking the oath, it can be sponsored for PR and once it has PR, the parent can apply for citizenship for it right away. This child will be considered a naturalized citizen and will be able to pass on citizenship to its children.

 

[Alabaman]

Alabaman, the big issue here it the birthday of the child. If the child is born before the parent takes the oath, it does not have the right to citizenship by descent as the parent was not a citizen when it was born. If the child is born after oath, it does. Say the father is in Canada taking the oath and the mother is in another country. The baby is born during the oath ceremony. I am not sure how well they time those things but there might be a dispute.

In any case, if the child is born before taking the oath, it can be sponsored for PR and once it has PR, the parent can apply for citizenship for it right away. This child will be considered a naturalized citizen and will be able to pass on citizenship to its children.

Yes Leon I recognize that. What I am saying though is I dont see much difference except for paper work (besides the time difference it would take for processsing).

Case 1: Baby born to Canadian parents outside Canada - File for citizenship certificate for PR
Case 2: Baby born to PR parents (Citzenship under processing) outside Canada - Sponsor baby for PR and immediately file for Citizenship since the baby doesnt not have to fulfil 3 year residency. This can be done outside Canada. (?)

 

[PMM]

Hi

Yes Leon I recognize that. What I am saying though is I dont see much difference except for paper work (besides the time difference it would take for processsing).

Case 1: Baby born to Canadian parents outside Canada - File for citizenship certificate for PR
Case 2: Baby born to PR parents (Citzenship under processing) outside Canada - Sponsor baby for PR and immediately file for Citizenship since the baby doesnt not have to fulfil 3 year residency. This can be done outside Canada. (?)

Case2 No, the child has to have PR and be resident in Canada.

 

[farhan398]

Guys, i need some understanding. my wife is canadian and she delivered first child in Canada so first one become canadian straight away, however due to my job, she moved to Singapore and delivered second child and then we only came to know about this rule. Anyway i have applied for my second child and they said it will take 1 year to access the status of my second child.

I am confused.. I just want to check that my wife got PR through her parents but she stayed almost 6 years in Canada and studied there.. when she was 20, she applied for Citizenship and went through test and naturalization process. I understand that if you become citizen after age of 18 years and went through the process of naturalization, you consider as first generation, i read under ehow.com website about this in "facts_6820852_citizenship-immigration-canada.html". please guide me if my understanding is correct.

Now my question is that my wife is first generation or second?

 

[sharongau]

If this regulation effects those born on or after April 17, 2009, what about those born before that date?

My father was born and raised in Quebec but he moved to the United States when he was about 17-18 years old (1947-1948) to find work. During the war with Korea he was drafted into the United States Army (1952-1953) and he later became a naturalized citizen of the U.S. (not sure what year). He may have been forced to renounce his Canadian citizenship at the time he was drafted. All of his children were born and raised in the U.S. and he never tried to get Canadian citizenship for us.

I married a Canadian citizen and moved to Ontario in 2006. I applied for Permanent Residence giving all of my parent's information in the application. At my PR interview, the officer informed me that I could apply for citizenship immediately as my father was born in Quebec. However, when I called CIC with questions about the application for citizenship, I was informed that I did not qualify. Apparently, if the person left Canada or gave up their citizenship during a certain period their children can not claim automatic citizenship. It just happens that my father falls into that category which is sad because I would already be a citizen by now instead of having to wait.

Does anyone have any more information regarding this issue and how these regulations work for older children of former Canadians?

 

[Leon]

The law has changed a few times over the years so when someone was born can be important. It is also very important to know if your father willingly renounced his citizenship before you were born. If he did, you would not be able to claim citizenship.

You can do the self-assessment for your father or for yourself at http://www.cic.gc.ca/english/citizenship/rules/index.asp or you can just try to apply for it at http://www.cic.gc.ca/english/information/applications/certif.asp and see what happens.

 

[sharongau]

Thanks for your reply Leon.

My father's father was born in the United States and his family moved to Canada when he was 3 years old. He lived in Quebec the remainder of his life.

My father was born in 1930 and left Canada to work in the U.S. in his late teens (around 1947-1948). He worked there for several years and then was drafted into the U.S. Army in the latter part of the Korean War era (around 1952-1953). I do not know the exact dates. He does not remember if he was formally required to renounce his Canadian citizenship. He eventually became a naturalized U.S. citizen (not sure of the date).

I tried doing the self assessment and it said he is still a Canadian as long as he did not renounce. How can I found out if he did or not?

 

[Leon]

I tried doing the self assessment and it said he is still a Canadian as long as he did not renounce. How can I found out if he did or not?

You try applying for the proof of citizenship for yourself and see what happens. If your father renounced his citizenship, they will tell you that you are not eligible.

 

[blacknirvana]

Hope you can give me an answer to our situation.

My wife is Canadian by decent. She was born in Australia (australian mother and canadian father). Moved to Canada when she was two and lived there most of her life. She is now married to me (Danish) and we live in Denmark. Our first child will be born here in early 2015. Will it get Canadian citizenship or not?

 

[screech339]

Hope you can give me an answer to our situation.

My wife is Canadian by decent. She was born in Australia (australian mother and canadian father). Moved to Canada when she was two and lived there most of her life. She is now married to me (Danish) and we live in Denmark. Our first child will be born here in early 2015. Will it get Canadian citizenship or not?

Your child will not get Canadian citizenship by descent. The only way the child will be Canadian is if the child is born in Canada or that you are a naturalized Canadian. I assume you are not naturalized Canadian.

Your wife would have to sponsor the child and you for PR (if you are not PR yourself) when you decide to move back to Canada to settle.

Once you and your child get PR and settle in Canada, the child can apply for citizenship without residency requirements. You however would have to meet the new 4 out of 6 years residency requirement to qualify for citizenship.