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Old 06-26-2015, 12:11 AM
 
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Even if a child of Canadian parents is not registered in Canada at birth, I'm pretty sure that if someone is born to Canadian parents outside the country, Canadian Citizenship is a yes.
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Old 06-26-2015, 12:46 AM
 
Location: Alberta, Canada
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Quote:
Originally Posted by Lieneke View Post
Even if a child of Canadian parents is not registered in Canada at birth, I'm pretty sure that if someone is born to Canadian parents outside the country, Canadian Citizenship is a yes.
AFAIK, if a birth takes place to a Canadian parent outside Canada, it requires the Canadian parent(s) to register the child's birth with the local Canadian consulate, which can avoid future problems.

My two nephews were born in Australia, to an Canadian mother (my sister) and an Australian father (my BIL). Sis registered them with the Canadian consulate in Sydney, so they would be Canadian. Even though they have Australian birth certificates, there has never been a question of them having Canadian citizenship, and being able to apply for/hold Canadian passports.

Again, AFAIK, they are duals; so if they wish to apply for Australian passports in the future, they can.
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Old 06-26-2015, 07:13 AM
 
Location: Cambridge, MA/London, UK
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Quote:
Originally Posted by ChevySpoons View Post
AFAIK, if a birth takes place to a Canadian parent outside Canada, it requires the Canadian parent(s) to register the child's birth with the local Canadian consulate, which can avoid future problems.

My two nephews were born in Australia, to an Canadian mother (my sister) and an Australian father (my BIL). Sis registered them with the Canadian consulate in Sydney, so they would be Canadian. Even though they have Australian birth certificates, there has never been a question of them having Canadian citizenship, and being able to apply for/hold Canadian passports.

Again, AFAIK, they are duals; so if they wish to apply for Australian passports in the future, they can.
We are going through a similar process with our daughter now. My wife and I are both naturalized Canadian citizens and our daughter born in the US qualifies for Canadian citizenship as a result.

Once any one parent is a Canadian citizen (Born or Naturalized) you can apply for citizenship.
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Old 06-26-2015, 08:08 AM
 
Location: Nashville, TN -
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Quote:
Originally Posted by ChevySpoons View Post
AFAIK, if a birth takes place to a Canadian parent outside Canada, it requires the Canadian parent(s) to register the child's birth with the local Canadian consulate, which can avoid future problems.
Really? I didn't know this. Thanks, Chev. My daughter was born in Canada, but my sons were both born in the US, and I haven't ever registered their births with the Canadian consulate. Is there a time limit on when a parent can do this, by any chance?
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Old 06-26-2015, 11:43 AM
 
Location: Alberta, Canada
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I don't believe there is a time limit, NDG; but I don't know for sure. It seems to me that all it would take is a phone call to the local consulate though.
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Old 06-29-2015, 04:27 PM
 
Location: Hougary, Texberta
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Quote:
Originally Posted by newdixiegirl View Post
Really? I didn't know this. Thanks, Chev. My daughter was born in Canada, but my sons were both born in the US, and I haven't ever registered their births with the Canadian consulate. Is there a time limit on when a parent can do this, by any chance?
Thanks to the change in law referenced earlier in the thread, there's no issue for them applying for Canadian citizenship at any time.

We're going the opposite way. All three of us are Canadian, but are US citizenship eligible next year. Our son will get it as soon as one of us does, and we'll be dual.
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Old 06-30-2015, 08:58 AM
 
Location: Nashville, TN -
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Quote:
Originally Posted by mikeyyc View Post
Thanks to the change in law referenced earlier in the thread, there's no issue for them applying for Canadian citizenship at any time.

We're going the opposite way. All three of us are Canadian, but are US citizenship eligible next year. Our son will get it as soon as one of us does, and we'll be dual.
Thanks, mikey.

Yes. My daughter, born in Canada, was about 9 when I became a (dual) US citizen. She automatically became a citizen at the same time. I think that change to immigration law has been in effect since around 2000.
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Old 09-17-2016, 03:07 PM
 
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I have a question... My parents were both born in Canada which allowed me to qualify for citizenship. I received my Canadian citizenship and I am wanting to move to Canada. I have three children that are American and I am finding conflicting information on the requirements for them to live in Canada. Any information would be great!
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Old 09-17-2016, 03:25 PM
 
Location: Canada
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Guide CIT 0001 - Application for a Citizenship Certificate

Quote:

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 already Canadian citizens when the rules changed.

These rules did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect.

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)
unless their Canadian parent or grandparent was employed as described in one of the following exceptions to the first generation limit.
Exceptions to the first generation limit


The first generation limit to citizenship does not apply to a person born outside Canada in the second or subsequent generation if:
  • at the time of the person’s birth, their parent was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person (a crown servant);
  • at the time of their parent’s birth or adoption, the person’s grandparent was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or public service of a province or territory, other than as a locally engaged person (a crown servant).
Persons born to a Canadian parent who are not eligible for citizenship by descent due to the first generation limit may apply for and obtain permanent resident status and subsequently submit an application for a grant of citizenship under section 5 of the Citizenship Act.

Persons born to a Canadian parent on or after April 17, 2009 who are not eligible for citizenship by descent due to the first generation limit may be stateless (and have always been stateless), but be resident in Canada. Those persons may apply for a grant of citizenship under subsection 5(5) of the Citizenship Act. For further information, consult the page on Citizenship grants: Statelessness.

Note: Some naturalized Canadian citizens became Canadian citizens by descent by operation of law under these amendments which could impact their eligibility to pass on Canadian citizenship to children born outside Canada to them or adopted by them.
Amendments to the Citizenship Act extending citizenship

On June 11, 2015, citizenship was extended to more persons who were born before the Canadian Citizenship Act took effect on January 1, 1947 as well as to their children who were born outside Canada in the first generation. Specifically, the amendments gave Canadian citizenship to persons who were born or naturalized in Canada as well as to those who were British subjects ordinarily resident in Canada on January 1, 1947 (April 1, 1949, in the case of Newfoundland and Labrador), but who were not eligible for Canadian citizenship when the Canadian Citizenship Act took effect. The amendments also retroactively gave Canadian citizenship to the children of these persons who were born abroad in the first generation as well as to children of parents who became citizens on January 1, 1947 (or April 1, 1949), if born abroad in the first generation but who did not themselves become Canadian citizens on those dates.

On June 19, 2014, the exception to the first generation limit to citizenship by descent was extended to children born outside Canada whose grandparent, at the time of the child’s parent’s birth or adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person.

Note: Some naturalized Canadian citizens became Canadian citizens by descent by operation of law under these amendments, which could impact their eligibility to pass on Canadian citizenship to children born outside Canada to them or adopted by them. If you think that this may apply to you and you would like more information, consult the Help Centre at the end of this guide.
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Old 09-18-2016, 12:36 AM
 
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I am 1st generation american born. My mother was born in Hamilton, Ontario. She became a US citizen when she was 5yrs old. About 8yrs ago my uncle (her brother) and my mom got their dual citizenship. I pretty sure that 1st generation children of a canadian born parent can get dual citizenship? So I guess my question is am I elegible for dual citizenship,and how do I go about applying for it? Eager to move to my familys hometown to live & work around my relatives.Thank-You hope you can give me the answers I long to hear!
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