Hello cabopat,
As stated in the disclaimer at the bottom of this page, answers and
comments provided on Google Answers are general information, and are
not intended to substitute for informed professional legal advice.
It appears that, from Canada's perspective, the situation is
straightforward for children born outside Canada after February 14,
1977:
"You are a Canadian citizen if you were born outside Canada and:
you were born after February 14, 1977; and
you had a parent who was Canadian at the time of your birth."
"Born Outside Canada to a Canadian Parent"
Citizenship and Immigration Canada
http://www.cic.gc.ca/english/citizen/bornout-info.html
It also appears that, from the United States' perspective, "a person
who is automatically granted another citizenship does not risk losing
U.S. citizenship" on that basis.
"Dual Nationality"
U.S. Department of State
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html
"Dual Citizenship"
U.S. Consular Services in Canada
http://amcits.com/dual.asp
The situation appears less clear cut up to February 14, 1977.
"Before February 15, 1977, a Canadian citizen who became a citizen of
another country ceased to be Canadian, except in rare circumstances."
"You asked about...immigration and citizenship: Other commonly asked
questions about Canadian citizenship" [under "Can I have dual
citizenship"]
Citizenship and Immigration Canada
http://www.cic.gc.ca/english/pub/you-asked/section-27.html
See also:
"Edited Hansard * Table of Contents * Number 035 (Official Version)"
(November 30, 2004)
Parliament of Canada
http://www.parl.gc.ca/38/1/parlbus/chambus/house/debates/035_2004-11-30/han035_1335-E.htm
"If you were born outside Canada before February 15, 1977, and one of
your parents was a Canadian citizen at the time of your birth, contact
the CIC Call Centre or Canadian embassy in your area for more
information on citizenship."
"Canadian Citizenship" [under "Who is a Canadian citizen?"]
Citizenship and Immigration Canada
http://www.cic.gc.ca/english/pub/citizenship.html
See also "If I was born overseas to a Canadian citizen, am I
automatically a Canadian citizen?" in the document "You asked
about...," cited above.
According to another document:
"The transitional provisions of the Citizenship Act which allow a
person born outside Canada to a Canadian parent between January 1st,
1947 and February 14th, 1977 access to Canadian citizenship if
eligible. These provisions will expire on August 14th, 2004.
Applications under these provisions will no longer be accepted after
that date."
"Birth Registration" (under "Child Born Outside Canada to a Canadian Parent")
Foreign Affairs Canada
http://www.voyage.gc.ca/main/problems/birth_registration-en.asp
If you are a Canadian citizen, it appears that the possibility of
Canadian citizenship for your child would be decided in the same way
as described above -- with one complication, described in detail here:
"Retention of Canadian Citizenship"
Citizenship and Immigration Canada
http://www.cic.gc.ca/english/citizen/retention.html
As for the spouse of a Canadian citizen:
"Marriage to a Canadian citizen does not give you citizenship. You
must first obtain permanent residence, then apply for Canadian
citizenship and meet the same requirements as any other person seeking
naturalization in Canada."
"Do I become a Canadian when I marry a Canadian?" in the document "You
asked about...," cited above.
With the caveat that this is not a professional legal opinion, I
believe the foregoing answers your questions. You may also find
additional helpful information in:
"Dual Citizenship"
Citizenship and Immigration Canada
http://www.cic.gc.ca/english/citizen/dualci_e.html
- justaskscott
Search strategy --
Search terms used on Google, in various combinations:
"dual citizenship"
"dual nationality"
site:gc.ca
site:gov
site:travel.state.gov
canada
embassy
site:usembassycanada.gov
"february * 2005"
"february * 1977"
"where the responsible parent of a minor child ceases to be a canadian citizen" |
