mariosbar

Hi,

I am hoping that someone can help me as I have been waitng a week for an answer from the Canadian embasy and have yet to receive anything.

I am a Canadian citizen by descent (my mother was born in Canada), however, I was not. I am sponsoring my husband from the UK within the family class. My sister emigrated in 2009 and was in exactly the same position as me. She is certain that she did not have to sponsor her kids (no medicals etc) and they received their passports before she left. (this was done automatically with her husbands sponsorship forms).

I am not sure if the law has changed but there seems to be a vast amount of conflicting information on the web as to whether my child would be already classified as a citizen (and therefore I cannot sponsor her), or if I need to do this. I have to say the Canadian immigration website does not seem to shed any light on this particular situation and is in no hurry to answer.

I anyone has been in a similar position any assistance would be gratefully received. I am desperate to get the papers in as our house sold a bit too quickly and we are going to have to live with my parents for far longer then we can cope with.

iaink

Does this online questionaire not help?
http://www.cic.gc.ca/english/citizen...ules/index.asp

iaink

If your kids are not citizens (and I think they cant be if neither parent was born in Canada), then you would have to sponsor them...

http://www.cic.gc.ca/english/immigra...o.asp#children

I wouldnt hold my breath waiting for CIC/ CHC to respond

mariosbar

Hi,

I took the test and it says that she probably is a Canadian citizen. However, when I then clicked on the citizenship pack I saw this message: (Please see below)
Does this mean as she was born prior to 2009 (but did not have citizenship applied for she would have it?) I find this rule so confusing been trying to get this sorted for about 3 weeks now and no furthur forward??

On April 17, 2009, the rules changed for people born outside Canada. Citizenship by birth outside Canada to a Canadian parent (citizenship by descent) is now limited to the first generation born outside Canada.

This means that, in general, children born outside Canada to a parent who was a Canadian citizen at the time of birth will only be Canadian at birth if:

•the parent was born in Canada, or
•the parent became a Canadian citizen by immigrating to Canada (becoming a permanent resident) and being granted citizenship (also known as naturalization)*.
This limitation to citizenship by descent also applies to foreign-born individuals adopted by a Canadian parent. This means that children born outside Canada and adopted by a Canadian parent will only be eligible for a grant of Canadian citizenship under the adoption provisions of the Citizenship Act if:

•the adoptive parent was born in Canada; or
•the adoptive parent became a Canadian citizen by immigrating to Canada and being granted citizenship*.
There are exceptions to these rules. The limitation does not apply to a child born or adopted outside Canada in the second or subsequent generation, if at the time of the child’s birth or adoption, the child’s Canadian parent was working outside Canada as an employee of the Canadian government or a Canadian province or territory, or serving outside Canada with the Canadian Forces.

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.

Siouxie

Edit: After reading your post, I found this.. http://www.cic.gc.ca/english/informa...ules-faq13.asp

New citizenship rules
My children were born before April 17, 2009, in the second generation outside Canada, but I haven’t yet applied for their proof of citizenship (also called citizenship certificate).

Now that the new law is in effect, does this mean that they are not Canadian?

No. Anyone who was a citizen when the law came into force will keep their citizenship, regardless of the generation in which they were born, and regardless of whether they were ever issued a proof of citizenship. You can apply for a proof of citizenship for your child at any time, from inside or outside Canada.

and http://www.cic.gc.ca/english/departm...007-12-10b.asp

8. Second or subsequent generation born abroad after 1977

Fictional case: Maria is a fourth-generation Canadian born abroad:

Maria was born in Belize in 2001 and has never lived in Canada.
Maria’s father was born in Belize in 1978 to a Canadian mother (Maria’s grandmother).
Maria’s grandmother was born out of wedlock in Belize in 1955 to a Canadian mother (Maria’s great-grandmother).
Maria’s great-grandmother was born in Belize in 1937 to a father who was born in Ontario in 1915 (Maria’s great-great-grandfather).

Maria is a citizen today and must take steps and apply to keep her citizenship before she turns 28.
Citizenship status: Under this bill, Maria would remain a citizen and would no longer be required to apply, before her 28th birthday, to retain her Canadian citizenship.

If Maria has children abroad after the bill comes into force, her children would not be citizens.

Looks like your daughter is a Canadian Citizen as she was born before April 17th 2009

iaink

When was she born?

mariosbar

2007, and I was already registered as a Canadian before she was born.

iaink

So you had citizenship before she was born? If thats the case she is indeed canadian. ( I think!)

mariosbar

Cool, I think that is how I read it also, so fingers crossed.

Thanks for you help, much appreciated

nextphase

Can anyone help ...

We landed in Canada sept15th 2010 .
My partner main applicant , me common law and our daughter . we all now have pr and sorted .
When in England our application was 2007 . All our dependants where on our application and all had medicals as it was requested even though they where not intending to come over with us at the time we left . Also police checks done on the eldest .
This is where I am mixed up , angry and very sad to say the least . My 23yr old son in a yr /18mths whishes to join us and if I have heard right or read it right we cannot sponsor him!!!

Or am I totally off key . we where led to believe as long as all where on the application passed medicals blahhhhhh .

Anyone help me , a very sad and led down the garden path mum ...

PMM

Hi

As he is over 22 is no longer a dependent child, unless he has been attending school full time since before 22 and is continuing to attend school. There for you can't sponsor him.

Linlaz

Well just if this adds to the confusion, my husband was born in Greece and raised since he was 9 months old in Canada. He is a registered Canadian citizen and since he came to London, met me and we had our daughter in 2006, got married last year, after 8 years together. He met with the Canadian Embassy in person and they told him they he could apply for canadian citizenship for our daughter, so we would not need to include her in my sponsorship application (I'm British) and then when we receive it, it would only take up to 10 days to get her passport apparently. So that is what we have done and it's all gone off, we are waiting her papers to come back now, as copies of passports etc have already been sent back, so we assume all is satisfactory at this moment.

Essay

Hi Linlaz. Maybe I'm the one who's confused, but I don't see where you should have any problems with this. Your husband is Canadian, regardless of where he was born or where he was living when your daughter was born, and your daughter was born before the new law came into effect. Sounds like you're safe to assume all is satisfactory.

mariosbar

Hi,

as you are in the same situation as me, I would be very grateful for any assistance. I am very confused as to how to get my daughters passport? I know that I should not include her in the sponsorship application for my husband but have read that in order to get a passport you need to apply for citizenship and this can take a year.

My sister emigrated in 2007 and did not have to apply for citizenship there passports (only valid for 2 years) appeared with her husbands PR application. I am just confused as it was after this that the law changed.

Did you fill in a passport application for your child or a citizenship application or do nothing?

If I ever get this right it will be a miracle. I may have to go to Londen to camp outside the Canadian embasy for answers as the new laws have made things really confusing.

Many Thanks in advance

caleo

Our daughters are Canadian (dad was born in canada) and were born in the UK in 2005 and 2007. We have had to apply for proof of citizenship - which took about 7 - 8 months before we could apply for their passport. There is a passport which can be issued in emergencies, but (I think) only for children under 2 - there was a thread about it recently which had this outcome.

Some people have requested faster processing, but whether this actually works or not is not guaranteed.