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Canadian Citizendship for baby born in USA

Canadian Citizendship for baby born in USA

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Old Dec 30th 2010, 2:26 am
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Default Canadian Citizendship for baby born in USA

Just found out that the mrs is pregnant again What will the citizenship status of the baby be from Canada's prospective if born in the US?

We are both British with Canadian PR and citizenship applications currently being processed, but are temporarily living in US on L1 visas. If baby is born before we get Canadian Citizenship formally granted does that make a difference?
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Old Dec 30th 2010, 2:33 am
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Default Re: Canadian Citizendship for baby born in USA

I believe that any baby born on US territory (and that includes a US-registered plane) is automatically a US citizen (but hey, they can run for President!)
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Old Dec 30th 2010, 2:41 am
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Default Re: Canadian Citizendship for baby born in USA

Originally Posted by YoshiPal2010
I believe that any baby born on US territory (and that includes a US-registered plane) is automatically a US citizen (but hey, they can run for President!)
Yes - that is correct, and presumably also eligible for British citizenship also. I'm more concerned about Canadian status beacuse we plan to move back at some point.
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Old Dec 30th 2010, 2:53 am
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Default Re: Canadian Citizendship for baby born in USA

Hi

Originally Posted by Rob_999
Yes - that is correct, and presumably also eligible for British citizenship also. I'm more concerned about Canadian status beacuse we plan to move back at some point.
If you are not citizens at the time of the birth, the child will not have any status in Canada.
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Old Dec 30th 2010, 3:00 am
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Default Re: Canadian Citizendship for baby born in USA

Originally Posted by PMM
Hi



If you are not citizens at the time of the birth, the child will not have any status in Canada.
Could we then sponsor baby for PR? What restictions would we have moving back to Canada.

Also what happens if we are citizens by time of birth, or if one parent is and one isn't?
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Old Dec 30th 2010, 3:04 am
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Default Re: Canadian Citizendship for baby born in USA

According to CIC website, a Permanent Resident can sponsor a dependent child for residency in Canada. So I guess there shouldn't be a problem.
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Old Dec 30th 2010, 3:07 am
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Default Re: Canadian Citizendship for baby born in USA

If you don't get citizenship in time then;

Permanent residence can be applied for, for the child. In the meantime s/he can be admitted as a visitor, just ask for a year at the border, not as if s/he is going to work (The CBSA officer should apply common sense here) Then once PR is granted you can immediately apply for Citizenship (no 3 year wait) - provided at least one parent has citizenship or a pending citizenship application.

Don't believe you can skip the PR stage though

Sort of tells you this in the Age section here: http://www.cic.gc.ca/english/citizen...ligibility.asp
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Old Dec 30th 2010, 3:20 am
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Default Re: Canadian Citizendship for baby born in USA

Excellent - thanks!
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Old Dec 30th 2010, 3:28 am
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Default Re: Canadian Citizendship for baby born in USA

Originally Posted by Rob_999
Could we then sponsor baby for PR? What restictions would we have moving back to Canada.

Also what happens if we are citizens by time of birth, or if one parent is and one isn't?
Let's assume the baby is born in the US. It will be a US citizen at birth (assuming the parents are not foreign diplomats). If either parent is a UK citizen, the baby will also be a UK citizen (assuming that both parents did not gain UK citizenship by descent through being born outside the UK).

If either parent is a Canadian citizen (and has not obtained this by descent - which would not be the case here since you are obtaining Canadian citizenship through naturalization), then the baby is also a Canadian citizen at birth (by descent).

If neither parent is a Canadian citizen, then you can sponsor the baby for Canadian PR (assuming one of you is still a Canadian PR):

http://www.cic.gc.ca/english/immigra...sor/spouse.asp

My daughter was born in the US. My wife and I are UK citizens who became Canadian citizens through naturalization before our daughter was born. So our daughter has US, Canadian and UK citizenships. Actually she also has Irish citizenship through me as well!

Last edited by MarylandNed; Dec 30th 2010 at 3:32 am.
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Old Dec 30th 2010, 8:53 am
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Default Re: Canadian Citizendship for baby born in USA

What they said - and massive CONGRATULATIONS!!
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