is my baby eligible for a Canadian Passport/citizenship?



ORIGINAL POST
Posted by Armadillo 9 yrs ago
Hi All,

i wonder if anyone can help. Im trying to workout if my baby (yet to be born) is eligible for a Canadian citozenship or not. Not one single guide actually refers to my situation, and ive contacted the consulate, and they just sent me a link to the same guide. I will set up an an appointment to ask in person if i have to, but i would rather get the answer before i go through the bother.

My husband was born in september 1977 in the UK. He never obtained a UK passport, but he obtained a Canadian passport at birth via his father. - effectively he is eligible for a UK passport but has never had one. I therefore gather he is a Canadian by birth and not naturalized. The only passport he has ever held is a Canadian one. I think he is referred to as a born-abroad citizen by decent.

His father was born in 1941 in the USA, but like my husband only ever received a Canadian passport. Like my husband I believe he is Canadian by birth and not naturalized. The only passport he has ever held is a Canadian one. He might also be a a born-abroad citizen by decent. However there were changes to the law in 1949 so im not sure if he is considered the 'first generation" or not.

This is where is gets confusing, all guides refer to someone who was born in canada - or naturalised. Im not sure my husband or his father fit that category. I am not sure if Canadian by decent is the same as naturalization. or if that falls into a different category.

Some guides say that anyone born after 1977 (by husband was born IN 1977) and has a canadian parent is eligible for a canadian citizenship. Some guides say that only 1st generation non-canadian soil BORN can carry on a citizenship. But im unsure if my husbands father is even considered in the application.

ThIs is what the website says :-
Amendments to the Citizenship Act limit citizenship by descent

On April 17, 2009, the rules for Canadian citizenship changed for persons born outside Canada to Canadian parents and who were not already Canadian citizens when the rules changed.

These rules did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect.

Canadian citizenship by birth outside Canada to a Canadian citizen parent (citizenship by descent) is now limited to the first generation born outside Canada.

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if:

their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada), or
their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada)
unless their Canadian parent or grandparent was employed as described in one of the following exceptions to the first generation limit.

However the consulate sent me this :-

Per the current Citizenship Act (Canada), a person born outside Canada (after 1977) is a Canadian citizen if, at the time of birth, one of the birth parents is a Canadian citizen (by birth in Canada or by naturalization). Please refer to the following web link for info on eligibility for Canadian citizenship:
Eligibility for Citizenship: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=365&t=5

Anyone in the same situation and can shed some light on this matter?

Many Thanks




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