Are my children eligible for citizenship?

[Ruben]

My mother is Canadian and I took Canadian citizenship when I was 15.

I was born overseas and have never lived in Canada.

My children were born overseas before April 17 2009 and they have never lived in Canada.

I am unclear whether they are Canadian or can apply for citizenship.

Is the rule that to be eligible they must have applied prior to April 17 2009, or that they must have been born prior to this date?

[SettlementOrgMod]

Hello,

Thank you for sharing your question and situation with us.

We can appreciate that you would be interested in this type of information. It is true that this information is quite confusing.

You can find some helpful information in the Guide CIT 0003 - Application for Canadian Citizenship - Minors (under 18 years of age). Here is an excerpt,

Is your child already a citizen?

In general, a child born to a Canadian parent outside Canada before April 17, 2009, is a Canadian citizen. However, a child born to a Canadian parent outside Canada on or after April 17, 2009, is a Canadian citizen at birth only if that child is born in the first generation outside Canada, that is, at the time of their birth, their Canadian parent:

• was born in Canada, or - became a Canadian citizen by immigrating to Canada (becoming a permanent resident) and being granted citizenship (also known as naturalization).

If your child is a Canadian citizen, use the Application for a Citizenship Certificate under section 3 (CIT 0001).

You can find some additional information on the Parliament of Canada website. Here is an excerpt,

Second-generation children born abroad

Bill C-37 changed the way citizenship by descent can be passed on to children of Canadian parents born abroad. Under the new subsection 3(3) of the Citizenship Act, citizens may not pass on citizenship to their children of the second or subsequent generation who are born abroad. An exception is for persons born to a Canadian parent who is working abroad as part of or with the Canadian armed forces, for the federal government or for a provincial government, except if the parent was hired locally (subsection 3(5)). The government maintains that this provision is intended to ensure that Canadian citizenship is not passed on indefinitely to persons with no ties to Canada.

If you have any additional questions, you may want to to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly at:

1-888-242-2100 (In Canada Only)

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org