Immigration Corner | Is my daughter eligible for a Canadian passport?

Dear Miss Powell,

My daughter was born in Jamaica and her father is a Canadian citizen. He was with me when she was born, and his name is on her birth certificate. He wants her to visit with his family in Canada and I’m about to apply for her passport; but someone said she may be entitled to a Canadian passport. Can you tell me if this could be true, and how to get the passport for her?

DE

Dear DE,

If your daughter was born in Jamaica and her father is a Canadian citizen, you are correct to ask if she is entitled to Canadian citizenship and passport.

In Canada, citizenship is primarily determined by descent, meaning that a child born outside Canada to a Canadian parent may acquire Canadian citizenship automatically, if you are able to prove certain things. I will outline below a step-by-step process.

IS YOUR DAUGHTER A CANADIAN CITIZEN?

Since your daughter’s father is a Canadian citizen, she may be eligible for Canadian citizenship by descent under Canada’s nationality laws. However, there are certain conditions that must be met.

First, there is the First-Generation Limit Rule, which states that if your daughter’s father was born in Canada, or became a naturalised Canadian citizen before your daughter was born, she is likely a Canadian citizen automatically.

If your daughter qualifies as a Canadian citizen by descent, she is entitled to a Canadian passport. However, before applying for a passport, you must first obtain proof of her Canadian citizenship.

Second, we need to assess how your child’s father acquired his citizenship. If your daughter’s father himself was born outside Canada and acquired citizenship by descent, that is, he inherited his citizenship from his parents, then he cannot pass down Canadian citizenship to her. However, he can apply to sponsor his child.

HOW TO APPLY

The application is a two-step process. Let us assume your child qualifies for citizenship. Since she was born outside Canada, she will need a Citizenship Certificate to confirm her Canadian citizenship. This is an official document issued by Immigration, Refugees and Citizenship Canada (IRCC). Once she has the citizenship certificate, then you can apply for the Canadian passport for your child

First, you will need to gather all the supporting documents. You will need her original Jamaican birth certificate (showing her parents’ names), her father’s Canadian citizenship certificate or birth certificate as proof of his status, a copy of her father’s passport or government-issued ID, a signed consent form from her father if he is not submitting the application himself.

Once you have all the document, then you are required to fill out the Application for a Citizenship Certificate for Adults and Minors Form, which is available on the IRCC website. The form must be carefully completed to avoid your application being returned or delayed.

After you have completed the application, you may submit the application online through the IRCC portal or mailed to the appropriate processing office. The processing time varies, but it typically takes several months, so it is important for you to apply well in advance of any planned travel.

When your daughter receives her Citizenship Certificate, you or her father can apply for a Canadian passport.

PASSPORT APPLICATION

The second step requires you to complete a Child Passport Application (for minors under 16). This form is available on the government of Canada’s website. You must provide the following supporting documents: Original Citizenship Certificate, Jamaican birth certificate, parental consent (both parents may need to sign), passport photos meeting Canadian requirements, and the required processing fee.

After you have paid all the necessary fees online, you may also book an appointment online to present your documents in person to the High Commission of Canada in Kingston.

If you need further assistance, consider consulting with a Canadian immigration lawyer or check the government’s website.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. Send your questions via WhatsApp to 613-695-8777 or via Facebook.