New rules seriously impact Children of Canadian Expats

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canexpatCanuckAbroad RegularUser avatar
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New rules seriously impact Children of Canadian Expats

Post Fri Jan 30, 2009 7:45 am

For those that haven't heard- a new law coming into effect April 17th will mean that kids born abroad to Canadians who themselves were born outside of Canada will no longer be elligible for Canadian citizenship.

Go to the Canadian Expat Association page or
the Expat Expert blog-

Sorry, I'm not able to post linkable URL's yet.
Allan Nichols
The Canadian Expat Association
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StevenCanuckAbroad VIP
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Re: New rules seriously impact Children of Canadian Expats

Post Fri Jan 30, 2009 10:29 pm

That's not accurate.

http://www.cic.gc.ca/english/citizenshi ... enship.asp

The new law extends citizenship to certain limited categories of people (who are no longer subject to the "retention" rule), it doesn't remove anything. In most cases the retention rule still works the same way.
Steve.
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canexpatCanuckAbroad RegularUser avatar
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Re: New rules seriously impact Children of Canadian Expats

Post Tue Feb 03, 2009 6:36 am

Steven wrote:That's not accurate.


Yes it is accurate: "This means that children born in another country after the new law comes into effect will not be Canadian citizens by birth if they were born outside Canada to a Canadian parent who was also born outside Canada to a Canadian parent." from your link.

This is not the case currently as any Canadian citizen, even 2nd generation born abroad, can pass on cititizenship.
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StevenCanuckAbroad VIP
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Re: New rules seriously impact Children of Canadian Expats

Post Tue Feb 03, 2009 10:41 am

But they wouldn't be anyway unless they complied with the retention rule, they're removing the retention rule for that category of people (people born after 1977) is how it reads to me. You have to move to Canada now for a year to retain it, so it's not that big of a deal because you would have to have been a Canadian who never lived in Canada for your children to be affected by it, if I'm reading all the blurb correctly (and I may not be, I admit).
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RebaModerator
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Re: New rules seriously impact Children of Canadian Expats

Post Wed Feb 04, 2009 5:18 am

But really, why should anyone two generations removed be eligible for citizenship anyhow?
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canexpatCanuckAbroad RegularUser avatar
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Re: New rules seriously impact Children of Canadian Expats

Post Sun Feb 15, 2009 5:06 pm

Reba... Both of my children were born in Japan but we promptly moved back to Canada. They both go to school and will probably end up working here. However, given the international flavour of their parents (their mom is Japanese) and the fact that they are bilingual, the likelihood of them going back to Japan even temporarily is highly likely. As far as I or anyone else is concerned, my children are as Canadian as I am. Hovewever, if either of them (or both) find someone special in Japan (or anywhere else in the world outside of Canada) and end up having a child, they will not be able to pass on Canadian Citizenship. Even if they intend on moving back to Canada to raise their family.

Why are we denying them the same rights (or their children) as me?
Allan Nichols
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RebaModerator
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Re: New rules seriously impact Children of Canadian Expats

Post Mon Feb 16, 2009 5:09 am

I don't think its any different than any other country's citizenship laws.

I'll just leave it there shall I, and agree to disagree.
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StevenCanuckAbroad VIP
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Re: New rules seriously impact Children of Canadian Expats

Post Tue Feb 17, 2009 12:27 pm

canexpat wrote:Why are we denying them the same rights (or their children) as me?


They're not, their children would be entitled to Canadian citizenship because one of their parents lived in Canada. Where you were born isn't the main criteria, it's how long they spent in Canada that is, if I'm understanding it correctly. If you as a Canadian citizen have children abroad and they basically NEVER live in Canada (or less than a year), their children won't be entitled to Canadian citizenship, which sounds perfectly sensible to me.

At this moment in time if your child is in Canada then their children will be entitled to Canadian citizenship, regardless of where your child was born or where their children are born, is how it reads to me.
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canexpatCanuckAbroad RegularUser avatar
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Re: New rules seriously impact Children of Canadian Expats

Post Sun Feb 22, 2009 11:47 am

entitled to Canadian citizenship because one of their parents lived in Canada


Residence has no bearing on citizenship of children born abroad according to the new rules.

The new rules that come into effect on April 17th are very clear on this point. If a child is born abroad to a Canadian parent that was also born abroad (regardless of the amount of time that parent subsequently spends in Canada), they will not receive Canadian Citizenship.

Living in Canada after being born abroad will have no effect on the citizenship of you children. This is what is so upsetting about the new rules. They are intended to stop citizenship from being passed on to individuals that have neither connection nor ties to Canada. However, they fail to recognize individuals with deep and meaningful connections.

My children for example, were both born in Japan. According to CIC (and yes, I have checked with them directly) if they have children while abroad (and their partner is either 1st gen born abroad or non Canadian) they will not be able to pass on citizenship.

This forum is filled with people in the same boat. I am so surprised that administration of a forum dedicated to Canadians traveling and living abroad is not up on this.
Allan Nichols
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RebaModerator
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Re: New rules seriously impact Children of Canadian Expats

Post Sun Feb 22, 2009 6:21 pm

Everyone is entitled to their own opinion canexpat. And whether or not the administration of this site is "up on this" or not, has nothing to do with CIC's new law. Canuck Abroad has no connection to the government whatsoever as far as I know, its just some guy decided to start up a message forum for Canadians who like to travel. The owner and admin of the site hasn't even posted in this topic, so I don't know exactly who your comment is in regards to. I'm just a volunteer moderator, nothing more.

Again, I will just have to say that I will agree to disagree. I personally do not think that second gen expats should be entitled to citizenship. My father is British by birth, but I am not entitled to UK citizenship just because. I'm sorry you feel your future potential grandchildren are being jipped out of something, for whatever reason, but there's naught we can do here about it.
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