Kentonmag

The plan is to get dual citizenship for baby. Baby has her own British passport. Our Son's PR card has expired but certainly from what we are hearing from his GF on her visit here they have no intentions of returning to Canada anytime soon, and are thoroughly enjoying life on the English Northeast coast. My Son is obviously aware if the relationship ever sours he would have a lengthy process to go through to return to Canada.

christmasoompa

The baby is already a dual citizen, and has been since birth. The point we're trying to make is that legally, she MUST enter Canada on her Canadian passport, all citizens have been required to since the law changed. From this link https://www.canada.ca/en/immigration...it-canada.html "Dual Canadian citizens can no longer travel to or transit through Canada by air with a non-Canadian passport"

So they need to be very careful, and I'd suggest getting the baby's Canadian passport asap. They were very lucky the baby was allowed in to Canada, I wouldn't suggest they risk it a second time.

Gozit

They're in now, and nobody will be asking for the Cdn PP on the way back to UK. Just apply for it as soon as they get back to UK and enjoy vacation. Up until last week when someone challenged it in court you couldn't even apply for a Canadian passport within Canada unless you had "valid urgent" travel reasons due to covid-19

christmasoompa

They are in now, but presumably because the baby got an ETA which she shouldn't have been eligible for! Hence why I said don't risk it a second time, next time they want to visit the baby must have a Canadian passport.

christmasoompa

Also, just re-read this bit - as long as your son is living with his Canadian citizen spouse/partner, he will keep his PR status.

Gozit

Yep, I agree. I suspect they got lucky due to COVID the CBSA are probably more preoccupied with other things. Although my cousin (Maltese born in Canada) did the same thing for her at the time I think 6 month old they just travelled on the baby's Maltese passport with an eTA, maybe they are just lenient when it comes to babies. That would make sense to me. (this was long before covid)

Former Lancastrian

Nothing to do with CBSA per se. We only need to be satisfied that the person entering Canada is admissible and has the required documentation. Now the fact that someone has the right of Canadian citizenship means they have a right to enter Canada. Now when Canada introduced the Canadian citizens must travel back to Canada using a Canadian passport I knew it would cause problems and there would be a loophole.
Now at a POE if you are claiming that you are a Canadian citizen but don't have a Canadian passport then that person better be prepared to show how they have Canadian citizenship. Onus is on the person entering to prove citizenship. Babies don't pose a problem as unlikely to be inadmissible however with those 18 or over could be a problem especially if convicted of offences outside of Canada.
Cant prove citizenship then I don't have to let you in simple.

christmasoompa

It's not that they are more lenient with babies, but if there is a valid ETA there's no reason to know that the child is a citizen and should be travelling on a Canadian passport unless they dig deeper. The problem is that a citizen shouldn't be able to get an ETA!

Gozit

It's a catch 22. If the parents haven't yet reported the birth to the Canadian embassy/consulate and gotten a citizenship certificate then the Canadian government does not know the baby exists outside of his/her UK passport/eTA application. Therefore, the application is approved.

If they had already registered the baby and at that time did not get a Canadian passport then I would guess the eTA would be flagged and denied and they would be told to apply for a Canadian passport or urgent special authorization.

christmasoompa

Well, sort of, except that the parents shouldn't be applying for an ETA for a Canadian citizen in the first place!

Gozit

Correct, but I think of all the possible contraventions in immigration law applying for an entry authorisation for a baby instead of a Canadian passport is not a great threat to national security. Bigger fish to fry and all that.

NZ offers an electronic citizen endorsement that's attached to a dual citizen's other passport number, i've said since the beginning of eTA that Canada should do this as well. It is less administrative headache, would cost the country less money and it would be easier for people to apply for since it is all electronic. You could even leverage the existing eTA application system for it.

It would also make it easier for dual citizens who aren't necessarily as well-versed in immigration law and which passport to show where as those of us on BE are to have the endorsement and just use whatever passport they prefer for a given trip.

christmasoompa

Oh I totally agree. The requirement for Canadians to enter on Canadian passports was only introduced a few years ago with the ETA's, but it's still a legal requirement and I would never recommend messing around with immigration, even for something that we think isn't a great threat to national security.

Gozit

Agreed, I wouldn't want to risk it or mess around either way. Better safe than sorry in that regard imo.

Revin Kevin

The baby would aquire the right to Citizenship at birth but it would need to be applied for so the eta could be got by answering honestly that the baby had never held citizenship.

christmasoompa

No need to apply for citizenship if born a citizen. Not sure what your citizenship is, but let's say it's British and you've been a citizen since birth - your parents wouldn't ever have applied for your citizenship!