not sure if my girlfriends children are Canadian Citizens

[NLSanZLD]

My girlfriend is a Canadian born outside Canada.
Her children are born outside Canada.
They all moved to Canada and the minor kids need proof of Citizenship for SIN, healthcard, etc.

Does anyone know how to determine if the kids are Canadian citizens by asking a few questions?

Thank you all,

update: Thank you for all the replies. I've learned soo much.

Update: The GF is born in 1976 and has a Canadian Passport, SIN etc. and works in ON Canada.
The kids are born in 2000 and 2002 outside Canada.

 

[scylla]

If your girlfriend was born outside of Canada and all of her children were also born outside of Canada - then her children are not citizens and are not entitled to citizenship benefits.

She will need to sponsor them for permanent residency first (assuming they are under 19). Once they have become permanent residents, they will qualify to apply for citizenship.

 

[scylla]

Just to add - once they are permanent residents, they will qualify for health care, SIN, etc.

So filing the PR application should be a priority.

 

[screech339]

Actually, it depends on when the children were born. If any of the girlfriend's children were born before April 17, 2009, then they are Canadian citizen. The new citizenship descent rule doesn't apply to those born before April 17, 2009.

If they were born on or after April 17, 2009, then they fall under the new second generation Canadian limitation rule. The girlfriend being 2nd generation Canadian cannot pass on citizenship. So the children won't have Canadian citizenship. They would need to be sponsored for PR first.

 

[blueshirt]

oh Gosh..so confusing

lets say me and my wife we both came to Canada on PR. then got citizenship as well our 2 kids. Now if I move to another country as a Canadian family will my 3rd child born outside Canada wont have Canadian citizenship ? in spite the fact both me and my wife is canadian

 

[alphazip]

Actually, it depends on when the children were born. If any of the girlfriend's children were born before April 17, 2009, then they are Canadian citizen. The new citizenship descent rule doesn't apply to those born before April 17, 2009.

If they were born on or after April 17, 2009, then they fall under the new second generation Canadian limitation rule. The girlfriend being 2nd generation Canadian cannot pass on citizenship. So the children won't have Canadian citizenship. They would need to be sponsored for PR first.

As I've explained before, that statement ("The new citizenship descent rule doesn't apply to those born before April 17, 2009") is not correct. The 2009 limitation on citizenship affects everyone, no matter what year they were born. However, if the children were ALREADY Canadian citizens when the new rules took effect, then they are still Canadian citizens. In other words, the 2009 changes did not strip anyone of their citizenship.

For screech's benefit, here's an example of someone born before 2009 who is not a Canadian citizen: John was born in 1968 in the USA. His father, Bob, was born in the USA in 1948, but Bob's father was born in Canada. Bob's father did not register Bob as a Canadian citizen as required by the Canadian Citizenship Act, so he was not a Canadian citizen when John was born. In 2009, due to changes to the Citizenship Act, Bob, as the child of a father born in Canada, became a Canadian citizen. However, because John was not already a Canadian citizen when the changes took effect, John is not a Canadian citizen today, despite being born before 2009, and despite the fact that his father is a Canadian citizen. Reason: the limitation on citizenship to the 1st generation born outside Canada.

 

[alphazip]

My girlfriend is a Canadian born outside Canada.
Her children are born outside Canada.
They all moved to Canada and the minor kids need proof of Citizenship for SIN, healthcard, etc.

The "Am I Canadian?" tool on the CIC website is a work in progress.

Does anyone know how to determine if the kids are Canadian citizens by asking a few questions?

Thank you all,

Yes, here are the questions:

What year was your girlfriend born? Did she ever do anything to claim or retain her Canadian citizenship (Certificate of Citizenship, Canadian passport, etc.)? When were the children born?

 

[hgn]

My girlfriend is a Canadian born outside Canada.
Her children are born outside Canada.
They all moved to Canada and the minor kids need proof of Citizenship for SIN, healthcard, etc.

The "Am I Canadian?" tool on the CIC website is a work in progress.

Does anyone know how to determine if the kids are Canadian citizens by asking a few questions?

Thank you all,

Does she hold a valid (non-expired) Canadian passport?

In addition,
Does she like poutine?
Does she say 'eh' a lot?
Does she root for the Toronto Blue Jays?
Does she know who Don Cherry is?

 

[alphazip]

oh Gosh..so confusing

lets say me and my wife we both came to Canada on PR. then got citizenship as well our 2 kids. Now if I move to another country as a Canadian family will my 3rd child born outside Canada wont have Canadian citizenship ? in spite the fact both me and my wife is canadian

A child born anywhere in the world to a naturalized Canadian citizen will also be a Canadian citizen. However, if that child grows up to have a child of his/her own outside of Canada, that child (grandchild of the person who was naturalized) will not be a Canadian citizen.

 

[blueshirt]

A child born anywhere in the world to a naturalized Canadian citizen will also be a Canadian citizen. However, if that child grows up to have a child of his/her own outside of Canada, that child (grandchild of the person who was naturalized) will not be a Canadian citizen.

thank for the reply. last sentence does not make sense. if my child has been totally disconnected from his origin country and never been or seen that country. how can my childs child be penelized not to be Canadian. what if my son was travelling and deputized for some job elsewhere and my daughter inlaw got delivery pain and she had to deliver in that temporary resident country how can her child instead of being Canadian becomes citizen of his grandfathers (in this case me) birthplace. my brain will blow now ...mercy

 

[screech339]

As I've explained before, that statement ("The new citizenship descent rule doesn't apply to those born before April 17, 2009") is not correct. The 2009 limitation on citizenship affects everyone, no matter what year they were born. However, if the children were ALREADY Canadian citizens when the new rules took affect, then they are still Canadian citizens. In other words, the 2009 changes did not strip anyone of their citizenship.

For screech's benefit, here's an example of someone born before 2009 who is not a Canadian citizen: John was born in 1968 in the USA. His father, Bob, was born in the USA in 1948, but Bob's father was born in Canada. Bob's father did not register Bob as a Canadian citizen as required by the Canadian Citizenship Act, so he was not a Canadian citizen when John was born. In 2009, due to changes to the Citizenship Act, Bob, as the child of a father born in Canada, became a Canadian citizen. However, because John was not already a Canadian citizen when the changes took effect, John is not a Canadian citizen today, despite being born before 2009.

I agree with your example but your example is a poor example. The father citizenship predates long long before the 2009 rule change. You are comparing apples and oranges. The example you gave, John was not canadian simply because the father Bob was not canadian at time of birth. It doesn't matter if he was one of the lost Canadians who regained citizenship. Big difference comparing to OP case. The gf is Canadian at time of children's birth. I can bet dollars to donuts, if the gf's children were born before 2009, they will get citizenship.

 

[alphazip]

I agree with your example but your example is a poor example. The father citizenship predates long long before the 2009 rule change. You are comparing apples and oranges. The example you gave, John was not canadian simply because the father Bob was not canadian at time of birth. It doesn't matter if he was one of the lost Canadians who regained citizenship. Big difference comparing to OP case. The gf is Canadian at time of children's birth. I can bet dollars to donuts, if the gf's children were born before 2009, they will get citizenship.

Your statement (and you've made it before) is: "The new citizenship descent rule doesn't apply to those born before April 17, 2009." That statement is false. The correct statement would be: If a person was already a Canadian citizen on April 17, 2009, then they are not affected by the limitation on citizenship by descent.

The OP's question has to do with children who are the grandchildren of a person born in Canada. My example also deals with the grandchild of someone born in Canada. How would that qualify as an apples to oranges comparison?

Of course, the OP's girlfriend's children may be Canadian citizens. But, not necessarily. For example, if the mother was born on or after February 15, 1977, she would have had to file a retention of citizenship by her 28th birthday...unless her 28th birthday occurred on or after April 17, 2009. If she didn't, then she would have lost her citizenship. If she wasn't a Canadian citizen when the children were born, they wouldn't be Canadian citizens.

 

[screech339]

oh Gosh..so confusing

lets say me and my wife we both came to Canada on PR. then got citizenship as well our 2 kids. Now if I move to another country as a Canadian family will my 3rd child born outside Canada wont have Canadian citizenship ? in spite the fact both me and my wife is canadian

Your child will be canadian regardless of where he/she is born outside Canada because you and your spouse are naturalized citizens. However if that third child was born outside Canada, that child will not be able to pass on citizenship to your grandchild if born outside Canada.

 

[screech339]

Your statement (and you've made it before) is: "The new citizenship descent rule doesn't apply to those born before April 17, 2009." That statement is false. The correct statement would be: If a person was already a Canadian citizen on April 17, 2009, then they are not affected by the limitation on citizenship by descent.

The OP's question has to do with children who are the grandchildren of a person born in Canada. My example also dealt with the grandchild of someone born in Canada. How would that qualify as an apples to oranges comparison?

Of course, the OP's girlfriend's children may be Canadian citizens. But, not necessarily. For example, if the mother was born on or after February 15, 1977, she would have had to file a retention of citizenship by her 28th birthday...unless her 28th birthday occurred on or after April 17, 2009. If she didn't, then she would have lost her citizenship. If she wasn't a Canadian citizen when the children were born, they wouldn't be Canadian citizens.

That is correct if the gf didn't retain citizenship as required by the old citizenship rules prior to 2009 change then the gf lost citizenship. However the children can still get citizenship if they were born before gf lost citizenship due to lack of retaining citizenship. This is no difference from me renouncing canadian citizenship after my children were born. My children would still have Canadian citizenship.

The key is being Canadian according to its citizenship laws at the time of children birth by citizenship descent rules.

As per your example, there is a different in registering child for citizenship by descent like John's father had to do and automatically canadian descent by law. John wasn't automatically canadian under the old law as oppose to OP's gf's children automatically Canadian if born before April 17 2009.

If John's father Bob did nothing, no registration, nothing, does it mean John is Canadian? NO. If the OP's gf did nothing, didn't apply for citizenship certificate, (assuming her kids were born before April 2009), does it mean her children are Canadian? YES. There's the apple and orange comparison I am referring to.

 

[alphazip]

You wrote: "If John's father Bob did nothing, no registration, nothing, does it mean John is Canadian? NO."

My response: If the girlfriend was born in August 1977 and did nothing, no application for retention of citizenship, nothing, does it mean her children born outside Canada in 2007 and 2008 are Canadian? NO

Sure looks like apples to apples to me.

And, if the OP tells us when the girlfriend was born, whether she (if necessary) applied for retention (and whether it was approved), and when the children were born, then we'll know whether the children are Canadian citizens.