JulieElora

Hello,
I am Canadian and living in the UK. I will be visiting Canada this summer with my kids and I am confused about whether I need to get them Canadian citizenship and passports. They are British and have UK passports, but according to the info I can find they are probably Canadian Citizens because I am. I am hoping that because I have never applied for their citizenship, they can just use their UK passports and eTA - does anyone have experience with this? Thanks

Former Lancastrian

Where was the Canadian citizen born? If born in Canada then yes your children are probably citizens of Canada as well if they haven't been registered or applied for proof of citizenship IMHO legally they are not Canadian citizens until they have a document that says they are. On the flip side of the coin you arrive in Canada absolutely love it and wanted to stay would you then be claiming that your kids are Canadian citizens?

https://www.canada.ca/en/immigration...y-citizen.html

christmasoompa

Sounds like they're already Canadian citizens, no need to apply 'for their citizenship'. If so, you can't get an ETA for them - https://www.cic.gc.ca/english/helpce...um=1100&top=16

HTH.

christmasoompa

Disagree with this, sorry FL! As an example, my grandmother never applied for a passport or any kind of proof of her citizenship. She was still a British citizen though, if the OP was born in Canada then her children don't need to be registered to be citizens, they already have been since birth.

JulieElora

Thanks for your quick response!.
I was born in the UK, but moved as a child to Canada where I became a citizen. I moved back to the UK in my 30's and had children with a UK citizen. So I guess what I need to know is whether they are considered citizens automatically and therefore have to have a Canadian Passport - or, if because I have never applied for their citizenship they can travel with their UK passports?

Now in terms of the flip side as you call it, well we do love Canada and all our relatives and friends there - when the kids were little (and we had more money) we visited all the time - but moving back is a different matter. You never know what will happen in life, so I will probably apply for their citizenship, but I don't want to risk it right now in case it doesn't all happen before the flights. That would be very costly.

christmasoompa

Sounds like they're already citizens then and have been since birth. So shouldn't need to apply for citizenship, they simply need passports.

It will depend on some finer details though, you can check here - https://na1se.voxco.com/SE/56/amican...ng=en&tui=auto

HTH.

Engineer_abroad

Former Lancastrian

I would be looking at this link as you were born outside of Canada but became a naturalized citizen and then had kids born outside Canada.

https://www.canada.ca/en/immigration...2009-2015.html

christmasoompa

I guess you could view it that way. Same as with many other countries though, but at least Canada doesn't ask anything of its citizens unlike some other countries. I once worked for somebody who was a US citizen simply by virtue of their mother, it meant she had to submit US tax returns every year despite never having lived there and never intending to! At least she wasn't male though and didn't have to sign up for SS as well.

Edit: just spotted your thread in the US forums, seems your daughter may be in the same situation as my ex-boss!

Engineer_abroad

christmasoompa

But if you look on the positive side, she's lucky enough to have three very coveted citizenships. Many people would dream of just one of them, I'm sure she'll be happy with that later in life.

She can of course, renounce any of those citizenships if really wanted.

Engineer_abroad

christmasoompa

It doesn't recognise it, but it also doesn't stop it or have any rules against it. So she's got 3 nationalities, up to her when she's old enough to renounce any of them if she wishes.

Former Lancastrian

I understand your comments but from my perspective though the Citizenship Act under Section 3(1) It statesPersons who are citizens

• 3 (1) Subject to this Act, a person is a citizen if
  
  There are then multiple ways of how a person is a citizen.
  
  https://laws-lois.justice.gc.ca/eng/...1.html#docCont
  
  Section 5(1) deals with grant of citizenship which reads 5(1) The Minister shall grant citizenship to any person who
  
  Then gives examples.
  
  So John/Jane Doe arrives at a land border crossing from the United States seeking entry into Canada. States to the BSO I am a Canadian citizen. BSO asks for some proof. John/Jane says I don't have any any proof as my mum is a Canadian citizen but I was born abroad. The Act says I am a Canadian citizen as I was born outside Canada to a Canadian parent but I have no documents. BSO says well I need to see something that satisfies me that you are a Canadian citizen. John/Jane says well I don't have anything and cant get anything so what do we do now?
  
  From IRCC Manual ENF4 Chapter 9.4 states
  
• Establishing citizenship without documents
  
• Canadian citizens arriving at land borders, however, will frequently be without satisfactory documentary proof of Canadian citizenship. In these cases, the border services officer should question the person until the border services officer is satisfied with the person’s claim of Canadian citizenship. Once the border services officer is satisfied that the person is a Canadian citizen, the person must be allowed to enter Canada without further delay.
  
  Should I allow this person into Canada, defer the examination and allow them into Canada or send them back to the United States as they have no other documents on them.
  Remember according to the Act they are a Canadian citizen by virtue of section 3(1)(b) and the person is telling me that one parent was a Canadian citizen and they John/Jayne was born outside Canada on 24 November 1994.
  
• (b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;
  
  Also worth noting that the OP would have to apply for a Canadian passport if we say the child is a Canadian citizen but guess what to apply for a Childs passport outside of Canada or the United States it states
  
  If your child was born outside of Canada, you need to submit a citizenship document issued by IRCC, such as a:
  
• Canadian citizenship certificate
• Contact us to apply for a Canadian citizenship certificate
  
  https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/children/documents-submit.html
  
  So which citizenship should take priority for a dual citizen especially when the person wasn't born in Canada?
  

BritInParis

Being a citizen ≠ proving it