Re: Citizenship for Child

[dmiriy10]

Hi,

I am Rakesh from Montreal (Indian Citizen). Currently i am on a student visa along with my wife in Montreal. We are planning to give a birth for child in Montreal. so, does the govt of Canada issues Direct Citizenship for new born child ? even if parents does't hold PR ??? If any 1 has information about this Please do replt guysss

Thanks

 

[steaky]

Yes, the child will be Canadian if born in Canada.

 

[dmiriy10]

ok ... If my child gets citizenship of Canada, then is it possible to get for me and my wife, even if we don't have PR?

 

[Kingoftherings]

Unfortunately the child wouldnt be a canadian citizen because opin order for the child to be a canadian citizen vene if he or she was born in the canadian soil is that at that moment of your child birth one of his or her parents need to be a canadian citizen or permanent resident of canada

 

[Kingoftherings]

Yes, the child will be Canadian if born in Canada.

of the current act states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was a diplomatic or consular officer or other representative or employee of a foreign government in Canada or an employee of such a person.
However, should the immigration status of the parents of such persons change to permanent resident, they may be granted citizenship immediately, or when the parents acquire citizenship through naturalization, at the discretion of Citizenship and Immigration Canada.

 

[eileenf]

of the current act states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was a diplomatic or consular officer or other representative or employee of a foreign government in Canada or an employee of such a person.
However, should the immigration status of the parents of such persons change to permanent resident, they may be granted citizenship immediately, or when the parents acquire citizenship through naturalization, at the discretion of Citizenship and Immigration Canada.

I misread your response at first, so I want to accentuate that this this only applies to a child born of parents who are diplomatic or consular employees. This is irrelevant to our original poster and his partner, who state they are here on student visas.

The applicable law is here: http://laws-lois.justice.gc.ca/eng/acts/C-29/section-3.html The section on the diplomatic exception to Canadian citizenship by birth is section 3(2).

Regarding whether Rakesh can acquire citizenship through his child; you can, but only in a time consuming and roundabout fashion. They would need to sponsor you for Permanent Residence via the family class category first and then 3-4 years later you could apply for citizenship, assuming you met the residential requirements. I do not believe that they can sponsor anyone until they are at least 18 years old.

If you are interested in staying in Canada, it would probably be easier and more expedient to pursue a work visa or permanent residence through your own means, if possible.

 

[steaky]

of the current act states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was a diplomatic or consular officer or other representative or employee of a foreign government in Canada or an employee of such a person.
However, should the immigration status of the parents of such persons change to permanent resident, they may be granted citizenship immediately, or when the parents acquire citizenship through naturalization, at the discretion of Citizenship and Immigration Canada.

What are you talking about? The child would be Canadian citizen. Just use the "Am I Canadian citizen?" tool in the CIC website and you would know you are wrong.

 

[Leon]

of the current act states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was a diplomatic or consular officer or other representative or employee of a foreign government in Canada or an employee of such a person.
However, should the immigration status of the parents of such persons change to permanent resident, they may be granted citizenship immediately, or when the parents acquire citizenship through naturalization, at the discretion of Citizenship and Immigration Canada.

They are not diplomats, they are students or student plus spouse so their child will be a citizen if born in Canada.

 

[canuck_in_uk]

ok ... If my child gets citizenship of Canada, then is it possible to get for me and my wife, even if we don't have PR?

As the citizenship matter has been cleared up , I'll add a bit more to your second question.

Having a Canadian child will in no way affect or change your immigration status. You cannot get PR or citizenship simply for having a Canadian child. You will still need to qualify for permanent residency on your own merits, such as through FSW or CEC, and then apply for citizenship after 3 years as a PR.

Provided parent sponsorship is still around in 20+ years, your child could sponsor you for permanent residency then. Using current rules (because who has any idea what the rules will look like in 20 years ): the minimum age to sponsor is 18 but it is very doubtful s/he will qualify at 18 because the LICO (low income cut-off) requirement for 3 people is $35 657. Your child would have to show that income for 3 years in Canada before being able to sponsor you. Being realistic, this would probably be around 25 years from now.

 

[dmiriy10]

Thanks for your reply's guys.