A question:
My wife and I are first generation Canadians born in the USA. We are waiting for Canadian Citizenship certificates and then will go for our passports and SIN. I work for a International company that has offices in Canada. My wife and I want to relocate to either YVR or YYZ. Since this transfer coild be quick, How difficult would it be to sponsor our 13 year old daughter? should we do inland or outland application or should she go with us as a visitor and apply from within Canada. I would want her to go to school as soon as possible. Has anyone been in this situation and what would be the best way to handle it ?
Thanks !!
How long ago did you apply for your proof of Canadian citizenship? Cause it took 8 months for me to get my childrens. Regardless of that, I'm sure most will tell you to apply outland for her PR. Oooh, and I would move to YVR..lol
If either of you were citizens when she was born you don't need to sponsor her as she's also a citizen by birth.
As of April 2009, second generation 'canadians' born abroad are not entitled to Canadian citizens though
Yes, if they were born after April 2009 - the child is 13 years old
Etoile42 Wrote:As of April 2009, second generation 'canadians' born abroad are not entitled to Canadian citizens though
This comes from information on the CIC website about how to
apply for a citizenship certificate for a child born to Canadian parents outside of Canada.
Quote:If you were born outside Canada and one of your parents was a Canadian citizen when you were born, you need to apply for a citizenship certificate to prove you are a Canadian citizen.
On April 17, 2009, the law changed for people born outside Canada. It limits Canadian citizenship to the first generation of children born outside Canada to Canadian citizens. This means:
- a child born outside Canada in the second or subsequent generation after the new law comes into effect will not become a Canadian citizen automatically at birth, and
- a person born in the second or subsequent generation outside Canada before the new law comes into effect and who is not already a citizen will not become a citizen under the new law.
However, no one who is a citizen when the new law comes into force will lose citizenship as a result of the new law.
Find out more about the new law and who is affected.
My parents and my wife's parents never filled out a RBA for us. They never thought about it I guess. It was ironic that I was working for Canadian Airlines in the USA. When I asked about the RBA with the Canadian Counsalate , I was told My parents had 2 years to submit it, I was not too happy to find out this was extended to 2004. I had no Idea. If my wife and I submitted the RBA before Bill C37 we would have been Canadian Citizens and My daughter would be Canadian now and we could leave Las Vegas now if we wanted too.
Ahh, 13. I'm sorry. I just read what I wanted to..my bad.
Edit to note (after some sleep):
I am now inferring, lasbagman, (again, after some sleep, and taking note of your reference to the 2005 law) that both you and your wife were born before 1977, and without the timely RBA you thus were NOT Canadian citizens until this new law took effect . . . which means your children were not born to Canadian citizens . . . the CIC info, though, is still a bit confusing about the impact of this, since your citizenship, I believe, is now deemed retroactive . . but since you were not Canadian citizens (if I am interpreting your situation correctly) at the time your child was born, even though you automatically, and retroactively, are Canadian citizens now, your child was not a Canadian citizen on April 16, 2009 and having been born second generation abroad is not made a citizen by the new law . . . though this is not entirely certain.
In any event, sponsoring, if necessary, should not be a problem.
Original Post:
It is my strong impression that children born to Canadian citizens abroad prior to April 17, 2009 and after 1947 are themselves Canadian citizens, even if they are the second generation born abroad! They were Canadian citizens prior to April 17, 2009 and the new law does not deprive anyone who was a Canadian citizen on that date of their citizenship. (there are some complications with persons born prior to 1948 which are irrelevant here)
For emphasis: "The new rules will not take citizenship away from a person who was a citizen immediately before the rules came into effect on April 17, 2009."
This means, if the child was a citizen, even if by descent, as of April 16, 2009, that child is still a citizen!
Caveat: I am tired (a long story) and cannot vouch for how clear my thinking about this is, and less so for how well I present my perspective, but I am very confident that there is an important difference between:
1-- being a citizen
versus
2-- proving one is a citizen
and appears lasbagman you may have blurred these distinctions. The question is not whether you have previously done the paperwork to prove you are citizens . . . but whether you were citizens . . . and if you were citizens, even if you are just now applying for certificates of citizenship, your children born before April 2009 are also citizens (regardless of where you were born).
You may need to obtain the certificate of your citizenship before you can submit an application on behalf of your child (though I would check with CIC about this), since the child's application must include proof of the parent's citizenship (and while the important date is the parent's status as of the day the child is born . . . it is the status of being a citizen on that date that is important, not whether or not the parent had proof of citizenship).
The new law purports to "simplify" things, but what it really does, I think, is do away with what amounted to conditional citizenship under the previous law . . . in the various scenarios, one could be a citizen if they did this or that, or lose their citizenship if the failed to do this or that. But that, I think, is irrelevant here.
In other words, I believe you and your children are good to go . . . to go home to Canada!