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Citizenship for Children born outside Canada

Citizenship for Children born outside Canada

From July 2020, Canada allows legal parents at birth and biological parents have the right to pass down Canadian citizenship to their children who were born abroad, one parent is a first-generation Canadian at the time the child is born. Once Canadian citizenship is transferred, it cannot be transferred again. This means that if you were born abroad to Canadian parents, your children will not automatically acquire Canadian citizenship if they were also born abroad.

1. Children born outside Canada

Under the Canadian Citizenship Act, parents who have the right to pass down Canadian citizenship to their children include the Legal parents at birth or the biological parents who are listed on the original birth certificate or birth record of a child. Parents who adopted the child after they were born and legal guardians do not have the right to pass down Canadian citizenship to the child.

A child can be a Canadian citizen if at least one (01) parent:

To be sure if a child born outside of Canada is a Canadian citizen, it is necessary that the parents apply for a Canadian Citizenship Certificate to pass down citizenship for the child or obtain a Canadian Citizenship Certificate for the child himself.

How to apply for a Canadian Citizenship Certificate for a parent or for a child born outside of Canada:

Note: an applicant for a Canadian Citizenship Certificate for a Child Born Outside of Canada must be the legal parent at birth or the biological parent.

Application steps:

Processing time: at least 17 months (for applications outside Canada, the processing time will be longer)

Results:

2. An adopted child born outside of Canada

A Canadian parent who adopted a child born outside Canada, the child:

Procedure for a child to be adopted by a Canadian parent outside Canada become a Canadian citizen:

Completing the international adoption process

Parents must meet the adoption requirements of the:

Some countries have suspensions or restrictions on international adoptions such as Argentina, Laos, Iran,... However, Vietnam has no regulations prohibiting or restricting international adoption.

Applying for naturalization for an adopted child

Requirements for an adopted child: not be a Canadian citizen and have at least one adoptive parent who is a Canadian citizen who meets the requirements of the Citizenship Act.

Requirements for adoption: the adoption must meet general requirements for the best interests of the child; create a genuine relationship between parent and child; in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside; not have been entered into primarily for the purpose of acquiring status or privilege in relation to immigration or citizenship; not have occurred in a manner that circumvented the legal requirement for international adoptions.

Adoption application process

Note: Documents, if presented in a language other than English or French, need to be translated into English or French with an affidavit from a certified Canadian interpreter or notary (if conducted outside of Canada). Translations must not be done by the applicants themselves or by members of the applicant’s family.

Registration fees: age dependent and may include: processing fees, the right of citizenship fee

Online payments via credit and prepaid cards from: Visa ®, MasterCard ®, American Express ®, JCB ®, UnionPay®

After making the payment, it is necessary to print the receipt or receive the receipt (if paying in person) and attach a copy of the receipt to the completed application.

Application Location: Citizenship and Immigration Canada (Case Processing Center)

Results: Adoptive parents are confirmed as Canadian citizens. The adopted child will be granted citizenship and receive a Canadian Citizenship Certificate.