HELP: US or Canada citizen?

Old Jan 16th 2002, 12:36 pm
  #1  
Leo
Guest
 
Posts: n/a
Default

Hi,

I have been living in Ontario, Canada for 4 years and will get my Canadian
citizenship very soon. My wife has been living in the US for many years as a US
citizen through naturalization. We got married last year in the US and are
expecting a baby.

My questions are:

1. We are about to send our her application for Canadian PR. How long will it take
for her to get the approval? Would the fact that she's pregnanent affect her
application?

2. When can she apply for the Ontario Health Insurance Plan coverage? I remember
there was a three-month waiting period when I became a landed immigrant.

3. Would our child have dual citizenship, no matter where she's born? If she's born
in the US, will she have Canadian citizenship at birth too, since I will become a
Canadian citizenhip by then? What about give birth in Canada? Will our child have
US citizenship at birth?

Thank you very much.

Leo
 
Old Jan 16th 2002, 3:07 pm
  #2  
Rich Wales
Guest
 
Posts: n/a
Default

"Leo" wrote:

> I have been living in Ontario, Canada for 4 years and will get my Canadian
> citizenship very soon. My wife has been living in the US for many years as a US
> citizen through naturalization. We got married last year in the US and are
> expecting a baby. . . . Would our child have dual citizenship, no matter where
> she's born?

Maybe.

First, consider Canadian law. Under the Citizenship Act, anyone born in Canada gets
automatic Canadian citizenship at birth, regardless of the status of the parents.
Also, anyone born outside Canada with a Canadian parent gets automatic Canadian
citizenship at birth.

So, your child will have Canadian citizenship at birth if he/she is born in Canada,
or if you become a Canadian citizen before your child's birth.

Now, consider US law. If your child is born in the US, he/she will get automatic US
citizenship at birth. If your child is born outside the US, things are more
complicated, because the US citizenship law contains some complicated rules designed
to prevent an endless proliferation of generation after generation of foreign-born
and -raised "Americans" with no real ties to the US.

You (Leo) didn't say anything about your current citizenship. If it happens that you
are a US citizen, then your child (if born outside the US) will get US citizenship
at birth, because a non-US-born child of two US citizens gets automatic US citi-
zenship as long as either of the parents has ever lived in the US before the child's
birth, for any length of time -- a con- dition which you said has been satisfied by
your wife.

If you are not a US citizen, then your child (if born outside the US) will get US
citizenship at birth if your wife has spent at least five years in the US --
including at least two years after she reached the age of 14.

If you, and/or your wife, are a citizen of some country other than the US, it's
possible (depending on that country's laws) that your child could also have that
country's citizenship too. Potentially, then, your child could have "triple"
citizenship. Note that, even though your wife became a naturalized US citizen, it is
possible that her "old country" may continue to consider her to be one of its
citizens. Similarly for your "old country", even after you become a Canadian citizen.

Whichever country your child is born in, if he/she has a claim to citizenship in the
other country as well, then you should contact officials at a consulate or embassy of
the other country as soon as possible after your child's birth, in order to get the
right forms to file in order to document his/her citizenship.

Rich Wales [email protected] http://www.richw.org
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old Jan 17th 2002, 12:43 am
  #3  
Stephen C. Gallagher
Guest
 
Posts: n/a
Default

    >
    >
    >
    >
    >
    >
    >
    >
    >
    >

It varies, but approval can take 6 to 12 months. The health examination requires a
chest x-ray and pregnant women are advised against having x-rays.

    >
    >
    >

She can APPLY for OHIP immediately after she is admitted to Canada for permanent
residency. Her coverage would not take effect until three months following that date.

    >
    >

If born in Canada, the child would be a Canadian citizen.

In order for the child to be a US citizen depends on a few factors. If you and your
wife are both US citizens, then your child would be a US citizen. If only your wife
is a US citizen, then the child would be a US citizen as long as your wife has been
present in the US for at least five years in her lifetime, with two of those years
being after age 14.

The US citizenship is conferred automatically, but you should register the birth at a
US consulate in order to obtain proof of the child's citizenship.

    >
    >

Yes. She would be a Canadian citizen as long as you are a Canadian citizen by then.
You would have to get her a Certificate of Canadian citizenship as proof. A Canadian
consulate would have the application forms. Again, in this case the Canadian
citizenship would be automatic. The certificate is simply proof.

Stephen Gallagher
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.