dtc

I tried reading http://www.cic.gc.ca/english/citizenship/rules_2009.asp but I'm stumped at 2015 section with the "first generation" rule and the statement "to a parent who became a citizen on January 1, 1947". (I think there's a typo since usually they say "before" or "after")

Here's my scenario:

• I'm a US citizen.
• My wife is a Canadian citizen/passport holder, but originally born in Hong Kong, and currently living in the US
• Our child was born in the US this year.

Does my child qualify?

Apologies if this should be in OMNI or some other area.

TheMadBrewer

How did your wife receive her Canadian Citizenship? Was she naturalized or did she receive it thru her parents?

For example, my mother is Canadian and I was born in the US. When I was born, Canada didn't recognize citizenship thru the mother. That was changed in the 70's but not made retroactive until 2008 or so. While I am now considered a Canadian from birth, my children (if I had any) would not have any right to Canadian citizenship if they were born outside of Canada.

I wouldn't make an decisions based on anything here -- contact an attorney who knows Canadian citizenship law. It is a very complicated subject.

And I would like to find the immigration agent who gave me so much trouble when I was studying at the University of Waterloo and say to him "Hah! I really was Canadian all along"

Badenoch

It depends on when your child was born and when you wife become a citizen.

http://www.cic.gc.ca/english/citizen...ules/index.asp

RCyyz

This is actually correct. Prior to Jan 1 1947, people born in Canada were classified as British. The Canadian Citizenship Act of 1946 was the first time a "Canadian citizen" was codified as a separate legal entity. As such, the Act (when it became law on Jan 1 1947) reclassified a bunch of people from British to Canadian.

RCyyz

P.S. As for the citizenship possibilities for your child, I agree with others. Get a lawyer to get the real answer! Just think of it as yet another investment in your kid.

mkjr

as RCyyz said, get a lawyer.

what might also complicate matters is to consider whether your child's child may or may not be entitled to be a citizen depending on the route they take to become a citizen given they were born outside of Canada.

i was screwed by Steve Harper's government on this one.

my child is a second class citizen given she was born outside of Canada and applied for citizenship directly. had we known that Steve Harper was at the same time we filled out the paper going to make her a second class citizen, we would have kept the original sponsorship application and had her become a PR first and then citizen later.

but Steve Harper screwed our child royally. thanks Steve.

dtc

Oh is that the 2015 rule?

dhuey

Slightly related question: are children who are born and raised in the USA with a Canadian father and American mother entitled to the same university benefits as Canadians, generally? Our former babysitter is the American in that situation.

YVR Cockroach

By that, do you mean university education and fees? If she (or he) has Canadian citizenship, then the fees will be the lower one for Canadians (there does not appear to be in or out of province fees for Canadian citizens). If not, the higher fee appears to apply even for permanent residents.

In adjacent states and provinces, there used to be reciprocal agreement for tuition fees, so for example BC resident were entitled to WA instate resident fees and v-v. Not sure if these still exist.

AA_EXP09

Yes; I have friends whose sons/daughters were raised overseas and came back to UBC to study.
(Quebec is one exception I believe, though I've never lived there so can't comment further.)

TheMadBrewer

That came up when I establishing my Canadian citizenship. My mother was quite affronted to find out she was born a "British Subject" and not a Canadian citizen

mkjr

no. my reference was from changes made in 2009.

dhuey

Thanks. I was hoping that was the answer. It would be UBC for the kids. They don't have a lot of money, so this would be a huge benefit for the family.

dtc

What?? You don't think your child will be able to afford tuition of $118k per year?

[Based on historical growth over the last 20 years, that's what a year of my alma mater will cost when my child goes to college]

MSPeconomist

It's the former babysitter's kids that are being discussed. Maybe he didn't pay the babysitter enough, just the going market rate.