Canada Kicks Ass
Birthright Citizenship without condition

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MacDonaill @ Tue Jan 22, 2008 7:31 pm

All you need to do to prevent anchor babies is require that one of the parents be Canadian, then it doesn't matter where the child is born - if one of the parents is Canadian, so is the child.

If a child is born in Canada to non-Canadians, he should acquire Canadian citizenship either at the moment his parents become Canadian, or when he turns eighteen if at that time he has spent most of his life in Canada. And yes, he would need to swear allegiance to the Canadian Monarch. No exceptions.

It's a Canadian's prerogative to question our link to the monarchy. It's a foreigner's obligation to accept the country whose nationality he is requesting for what it is. You want to become Canadian, you have to show that you care about our history, culture, and institutions by passing a test, and swearing allegiance to our Head of State.

   



kenmore @ Tue Jan 22, 2008 8:45 pm

I agree.... just because you are born in a country shouldnt automatically make you a citizen of that counrty... alot of people would use that as a way to immigrate.. they could come here in the last couple of months of pregnancy and deliver their baby here... hello immigration....this should definately not be allowed

   



Brenda @ Tue Jan 22, 2008 8:49 pm

A child can only sponsor its parent if it is 18 years old, and can proof it has enough funds and promise to not have the parents on welfare for 10 years...

The parents can not stay in Canada if they didn't immigrate.

   



kenmore @ Tue Jan 22, 2008 10:09 pm

what about landed immigrants etc... .. will have to check this out..my sister-inlaw is a immigration lawyer in TO....

   



Brenda @ Tue Jan 22, 2008 10:20 pm

landed immigrants don't need their kids to sponsor them anymore to get the permanent resident status, right?

The minute you are a landed immigrant, you have the same rights as a citizen, except for the fact that you cannot vote. You have the right to work, must pay taxes, must follow the rules and obey the law.

You can become citizen after you have stayed 3 years ( or 1085 days I believe) in Canada, by taking the citizenship test. The only thing that changes, is that you can apply for a Canadian passport (and lose your initial one, in my case :?) and vote.

People on a work visa are not immigrants, and have to leave once their job is gone or their visa expired. The children they got in the mean time, in Canada, are Canadians.

   



MacDonaill @ Tue Jan 22, 2008 10:45 pm

The Dutch don't allow their citizens to acquire another citizenship? So they're a lot like Germany then.

But, if a woman has a child in Canada, for example, the child will be automatically Canadian under normal circumstances. This means the child has an inalienable right to remain in the country. But he can't very well remain here all by himself, so the mother gets to stay.

   



Brenda @ Tue Jan 22, 2008 11:04 pm

Nope. The child can go where the mother goes. The child will also have the nationality of the mother. The mother cannot stay.

   



MacDonaill @ Wed Jan 23, 2008 8:19 am

Brenda Brenda:
Nope. The child can go where the mother goes. The child will also have the nationality of the mother. The mother cannot stay.


The child will also be Canadian. Plain and simple. That's the law. You're born in Canada, you are Canadian. The only exception to that rule is if you're born to foreign diplomats.

Whether or not the child will have his mother's nationality is up to the particular laws of whatever country she comes from.

And as I said, the mother of a child has a valid case if her child is a Canadian. As a Canadian, the child enjoys the right to stay in Canada indefinitely. It's right there in the Charter (Every citizen of Canada has the right to enter, remain in and leave Canada).

This doesn't automatically give her the right to stay, but it gives her a strong basis on which to apply.

   



Brenda @ Wed Jan 23, 2008 8:25 am

No, that is not true. The mother has to leave. Period. The child can stay, but that won't be in the best interest of the child, right? The child can sponsor his/her parents when they become 18.

www.cic.gc.ca

   



MacDonaill @ Wed Jan 23, 2008 9:01 am

Brenda Brenda:
No, that is not true. The mother has to leave. Period. The child can stay, but that won't be in the best interest of the child, right? The child can sponsor his/her parents when they become 18.

www.cic.gc.ca


I concede. You are correct.

However, the whole affair is still a bit odd. Why should the child even be Canadian if he has no real connection to the country except for the fact that he was born there? I was born in Germany, but I'm not a German.

I think Canadian citizenship should be transferred from parent to child, or conferred by the naturalisation process. That is not to say that birth in a place means nothing. Perhaps people born in Canada to foreigners should be given extra privileges during the immigration process. I don't know. However, if being born here by happenstance is your only connection to Canada, you can hardly call yourself Canadian now can you?

On the other hand, having a Canadian parent is a significant connection. Having a Canadian parent (or two) almost always means you have family ties in the country. It also normally means that you are born in Canada as well, since most Canadians actually live here. But even if your parents don't live in Canada and you are born somewhere else, that doesn't make them (or you) less Canadian.

Under present law, children born abroad to at least one Canadian parent are Canadian citizens. That's fair. However, children born abroad to Canadian parents who themselves were born abroad to Canadian parents, are Canadian until the age of 28, when they will lose their Canadian nationality UNLESS they apply to retain it (even if they are living in Canada).

This means for example that, being born outside of Canada myself, if I had a child abroad with a woman who is not Canadian, or like me is a Canadian by descent, then my child would have to apply to retain citizenship before his 28th birthday (even if he grows up here in Canada).

   



Brenda @ Wed Jan 23, 2008 9:12 am

I agree with you that children being born from non-citizens in Canada should not be automatically Canadian. But I also think children born from at least one Canadian outside of Canada and have never lived in Canada, should not be Canadian automatically.

My kids will automatically be Canadian by the time they become 18, because by then, they have lived over 5 years in Canada before their 18th birthday They will stay Dutch also. If I become a citizen, my husband automatically becomes Canadian (and Dutch) because he is married to a Canadian. When I become a citizen, I lose my Dutch nationality (Holland doesn't allow dual citizenship), which means, when I want to go back to Holland, I have to apply for a visa :lol:
I wouldn't mind if my kids would have to choose, and take a citizenship test, by the time they are 18, and become Canadian that way.

Personally, I think you have to live in a country to make you be (in this case) "Canadian".

   



MacDonaill @ Wed Jan 23, 2008 9:41 am

Brenda Brenda:
I agree with you that children being born from non-citizens in Canada should not be automatically Canadian. But I also think children born from at least one Canadian outside of Canada and have never lived in Canada, should not be Canadian automatically.

My kids will automatically be Canadian by the time they become 18, because by then, they have lived over 5 years in Canada before their 18th birthday They will stay Dutch also. If I become a citizen, my husband automatically becomes Canadian (and Dutch) because he is married to a Canadian. When I become a citizen, I lose my Dutch nationality (Holland doesn't allow dual citizenship), which means, when I want to go back to Holland, I have to apply for a visa :lol:
I wouldn't mind if my kids would have to choose, and take a citizenship test, by the time they are 18, and become Canadian that way.

Personally, I think you have to live in a country to make you be (in this case) "Canadian".


It isn't always a question of where you live, but where you have the right to live. You can't live somewhere unless you have the right to live there. Citizenship gives you the right to live in (or not live in) a country, and to take part (or not take part) of that country's processes.

A Canadian born abroad who has never lived in Canada should still always have the right to move to his mother and/or father's homeland if he so chooses, especially if he speaks the language(s). Like I said, he probably has family there anyway.

Can you imagine being a Canadian, and not being able to give your child your own nationality? That wouldn't be fair at all. Or in your case, could you imagine your kids not having the right to live the Netherlands, even though you're Dutch and they probably speak Dutch?

If your parent(s) is/are Canadian, you must be as well. It only makes sense. You may not be living in the country, for whatever reason, but you're not necessarily guaranteed citizenship in whatever country you are born in or are living in anyway. Your only claim to any nationality is usually that of your parent(s)'.

I think the system we have in place now regarding Canadians born abroad works well, because it basically limits foreign births to one generation. The second generation born abroad must prove their connection to Canada before being allowed to retain their citizenship. That is fair to both Canadians living abroad, and to Canadians at home who don't think that Canadian citizenship should be removed from birth/life in the country itself. It's a good compromise.

   



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