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Citizenship for baby, returning to Canada

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Filed: Citizen (pnd) Country: Canada
Timeline

Hi,

My family lives in NY State. Wife is a USC, I'm a Canadian citizen and US Permanent Resident. We have a baby who is a few months old, born in the US. We recently applied for and got him his US passport. Our long-term plans are in flux because of our job situation. We have better job prospects back in Canada and are thinking of moving back there this summer. I will need to start the sponsorship process for my wife quite soon in that case.

But I don't understand what to do about our child. He is a Canadian citizen too, as my son (first generation born abroad). But I looked up the rules and it appears we need to first obtain a citizenship certificate, and only then get him a Canadian passport. But because we live in the US, we need to apply for the certificate through the Canadian consulate in NYC. I contacted them and they say it takes a year to get it because of application backlogs at CIC.

But we want to move back to Canada in a few months. If we show up at the border with just his US passport, and his birth certificate showing me as his father, will they let him in to stay indefinitely? And how do we go about getting the benefits that he is entitled to, namely health insurance in the province we live in? I know there will be a three month waiting period for him to establish residency in the province, but once that is done he is entitled to be on the province's health plan. Will CIC not fast track his application for a citizenship certificate? I don;t understand how they can deny a citizen of Canada his/her rights just because they have a long backlog of applications.

Any advice would be appreciated. Thanks.

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Filed: Timeline

Yes, he should travel using his U.S. passport until he gets his Canadian passport. Canada does not require its citizens to enter using a Canadian passport, so that's fine. In fact, U.S. law requires U.S. citizens to enter and exit the U.S. using a U.S. passport, so he should use a U.S. passport anyway.

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Filed: Other Timeline

I am no expert but by U being his dad , by virtue of that it should admit him to the country, its a baby so he has to go where his parents go

and cant U then apply for that citizen while you are there, and explain the concerns u have re: your childs benefits, also as a LPR u know U have to

apply for re-admission so u dont abandon your GC while staying in Canada.

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  • 4 weeks later...

Your child will be considered a Canadian citizen via you as the Canadian parent. You will not be require the baby to have the " document proof" of a citizenship card or CND passport as you are the "physical" proof with your Canadian citizenship ID and a birth certificate of your child listing you as the parent. Documentry proof would only be needed at the point the child is not traveling with the Canadian parent. Apply for the citizenship card and you will be fine until it arrives.

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