Gloria Galloway
OTTAWA — From Tuesday's Globe and Mail Published on Tuesday, Feb. 03, 2009 4:11PM EST Last updated on Thursday, Apr. 09, 2009 11:21PM EDT
"Expatriate Canadians say their children who have been born abroad are being denied the full rights of citizenship under rules that come into effect in April," The Globe's Gloria Galloway reports today in her article Expats fear for children's fate
"Canadians who give birth or adopt in another country will be able to pass along their citizenship to their children.
"But those foreign-born children of Canadians will not be able to bestow that same citizenship on their own children should they also decide to adopt or give birth outside Canada.
"A spokesman for Immigration Minister Jason Kenney said the minister has heard from parents who fear that the new law will limit the options of their children adopted abroad.
"He is aware 'of these concerns, and is seized of the matter,' Alykhan Velshi said. 'Last week, he asked his officials to review this aspect of the legislation.'
"But there do not seem to be similar plans to review the rules that will affect, retroactively, the many people born to Canadians working in foreign countries."
Ms. Galloway quotes Allan Nichols, the executive director of the Canadian Expat Association, as saying: "Hundreds of thousands of Canadians will be affected by these rules. These people may be working or volunteering abroad temporarily.
"My own children will be affected," said Mr. Nichols, whose son and daughter were born outside of Nagoya, Japan, where he was working as a consolidator for a travel agency.
"They were born abroad, but, of course, live in Canada. As bilingual (English-Japanese) children they hope to work in international trade in the future.
"Do I honestly need to tell them that if they have kids while working abroad, they will not be Canadian?"
Ms. Galloway then goes on to note: "The new regulations were released in December, after changes to the Citizenship Act were passed into law last spring. Exemptions have been extended for the children of Canadian diplomats and military personnel.
"But those who have taken jobs overseas with multinational corporations, for instance, or have gone to another country to teach or work with aid groups, will be affected . . .
"In introducing the changes to the Citizenship Act, the government was trying to prevent foreign-born nationals from coming to Canada, obtaining citizenship, then returning to their country of origin and passing along citizenship endlessly from generation to generation.
"But federal officials acknowledge they did not contemplate all of the ramifications when they crafted the legislation."
Whichever side of the argument you are on, it's an important debate for Canada's future.
That's why we at globeandmail.com were pleased that Mr. Nichols joined us online to take your questions on the issue.
Your questions and Mr. Nichols' answers appear at the bottom of this page.
The Canadian Expat Association is a non-government, non-profit community linking all Canadians living abroad under one bilingual platform.
At nearly 9% of the total population of Canada, the estimated 2.7 million Canadians living abroad can connect through the association, regardless of where they are living in the world.
As an advocate for Canadian expats, the association plays a key role representing Canadians that until now have had no collective voice.
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Gloria Galloway: Hello Allan, thanks so much for joining us today to talk about this issue which has caused much concern among parents who have adopted children overseas as well as the people you represent — Canadian expatriates.
When the story first broke, adoptive parents were the most vocal opponents of this legislation. As a result, the government seems prepared to do something to prevent adopted children from being swept up in regulations designed to prevent citizenship from being passed to generations of people who had never set foot here. But the problems facing expatriates' children — and more specifically their grandchildren - have not received the same sort of attention. What has been the reaction among the expatriate community?
Some have suggested that the problem would apply only to a small number of people since it's not that likely that children born overseas would also choose to have children abroad? Is that the case? Is this a more a matter of principle than it is of actual hardship?
Allan Nichols: Let's first define the body of individuals that we are talking about. I'm talking about people that are a part of the internationally mobile work force. These are people that live abroad temporarily and have every intention of returning home. These are people that work for large Canadian companies, Canadian banks or even volunteer organizations. I've received countless e-mails from people that are enraged by what this means to their children and grandchildren. The difficulty is that because they are physically removed from Canada they are not visible nor are they made aware of what is transpiring back in Canada.
This is not a small group of people. The Asia Pacific Foundation estimates the total population of Canadians living abroad at close to 2.7 million. Within this number lies the people that are living abroad temporarily many with families. Network Canada alone, the largest network of Canadians living in the UK, claims to have broad network of over 5000 young Canadians. These are professional people that work in finance, technology and a whole host of other industries. It would be foolish to believe that only a few will get married and have children abroad. This is only one example. There are Canadian Clubs and Chambers of Commerce located in virtually every major city in the world. We are talking about hundreds of thousands of Canadians. That doesn't even begin to count the people that were living abroad but have returned to Canada with children.
Gloria Galloway: Some people have suggested that this could leave stateless those children born in countries that don't automatically bestow citizenship on babies who are born within their borders. The government says there are ways around this — that the children could ultimately apply for landed immigrant status, for instance. Refugee groups have asked how they can apply when they won't have travel documents to come to Canada in the first place. Is your group concerned about the issue of statelessness? Why? Why not?
Allan Nichols: We are indeed concerned about the issue of statelessness. We all know that application for permanent residence can take upwards to a year and a half. There are costs associated with the application as well. Why should it be necessary for Canadians to go through that process? This also doesn't address the issue that an individual with a PR card must then reside in Canada for the majority of the time. It's not practical if they are three years old and their father works for Shell Canada in the UK.
Martin Casey from United States writes: I am a foreign-born Canadian (Naturalization), living and working in the U.S. I am married to an American. Two years ago we had a child. Figured there was no rush to apply for a Canadian Citizenship card at the time of his birth. With these rule changes though I am worried he would lose the right to become a Canadian. If I submit an application before the deadline of April 19th, will he be able to get his citizenship card? Is the date of application for processing the forms taken into account? If April 19th comes and goes and the card is not issued is he out of luck? Also we have another child on the way, due in May. I assume based on these rules that child is not allowed to become a Canadian Citizen? Thank-you for your time.
Allan Nichols: These new rules are complex. Canadian Immigration and Citizenship seems to be confused as well. These questions you've asked are all valid concerns but will need to be brought up with an immigration lawyer.
Gloria Galloway: Can I add in here that I don't believe the date of an application will have any bearing on the matter. The proposed regulations are retroactive. I also believe that, the way the pending rules are structured, if you are a Canadian born outside of Canada and your wife is not a Canadian, then your son is not entitled to Canadian citizenship. But Allan is right. You should consult a lawyer.
CIC Spokesperson from Ottawa writes: re: Martin Casey - A child born outside Canada to a Canadian parent is a Canadian citizen by birth under the current legislation. An application for a 'proof' of citizenship (citizenship certificate) can be made at any time. No one who is currently a Canadian citizen will loose their citizenship when the new law comes into effect on April 17th 2009.
Gloria Galloway: What the response from the CIC official means is that you were right in the first place. And I was wrong. There is some urgency in making sure that you apply for your son's citizenship before April 17.
CIC Spokesperson from Ottawa: re: Martin Casey - Any child born after April 17 2009, outside of Canada, to a naturalized Canadian or a person born in Canada will be Canadian at birth.
R Anderson from the United States writes: Trudeau is rolling over in his grave. By the standards of this new legislation, 'every animal is equal except some animals are more equal than others.' What happened to 'Every citizen of Canada has the right to enter, remain in and leave Canada?' That a foreign born Canadian who has a child born outside of Canada would be denying that child's right to be a Canadian really seems to infringe on their freedom and right to leave Canada.
Allan Nichols: You are absolutely correct. We need to also address the issue that these laws begin to build barriers to our global competitiveness. Canadian Expats represent a huge resource of highly educated individuals. Many are linguistically adept and have knowledge of another culture and business practices in addition to knowledge and experience in a Canadian setting. We need to encourage these people to work abroad for the betterment of Canada. Let's not throw barriers up in their way.
Shane Duff from London, UK writes: Last November, my wife and I were delighted to welcome our first child. We have dutifully completed the paperwork for his Canadian citizenship and passport applications. In the UK, as in much of Europe, citizenship is passed by birth right rather than place of birth. Our son therefore has no claim on British citizenship since his parents are both Canadian. It is extremely disturbing to find that the government now sees our son as somehow less Canadian than his future brothers or sisters who will doubtless be born at home. In today's world pursuing international opportunities seems only sensible. Imagine the scenario where our son were to pursue such an opportunity with a partner of similar background (not so far-fetched considering our social circle) and find that his children are rendered stateless. While the prospect of grandchildren akin to Tom Hanks in The Terminal is good for a few dinner party giggles, the fact that it's about to become reality is preposterous. The government seems to have recognized a difficulty as they have created an exception for their own — "if the Canadian parent is working outside Canada for the Canadian government or a Canadian province or serving outside Canada with the Canadian forces." But what about those of us working for Canadian companies in their global offices? Or those of us temporarily developing our skills and talents abroad for return to the Canadian work force? I simply cannot believe that it is my future grandchildren the government means to preclude from their right to citizenship. I would ask for an urgent review of the amendment and broadening of the exception to the rule (eg. proof of long-term residence in Canada for non Canadian born parents).
Allan Nichols: You are not alone Shane and the points you made are all valid. Today's youth are part of an internationally mobile work force. They all fully intend on moving back to Canada and contributing to our economy and society in a meaningful and constructive way. How can Canada tell these people that they need to think twice about moving abroad to work as an English teacher. The experiences and knowledge that they gain from time spent abroad will benefit all Canadians. And certainly everybody will agree that it is ludicrous to tell these people that they are not allowed to have offspring while abroad. The new rules simply were not thought out with the new global realities in mind.
Andrew Chong from Toronto writes: I would suggest a conversion option. Someone with a citizenship without right of descent could apply to convert to citizenship with right of descent after residing in Canada for a certain number of years, at least learning about Canadian culture. Expats can return to Canada with their children for a period, or send them to school in Canada, and fulfill that requirement.
Allan Nichols: Andrew, there are a number of plausible solutions. The first step however is that this law needs to be stopped before it comes into affect so that it can be revisited with these other issues in mind.
A C from Paris writes: How do I sign up and do you plan a collective action to react? What support would you like to make our voices heard? I have 2 boys who are Canadian, though born in France. I have never imagined my stay here as putting my Canadian citizenship in question, nor that of my children. I have always viewed my return to Canada as a possibility I could achieve at any time, with or without my children who will act when they are of the age to decide for themselves. This law is retroactive in it's application and represents a thinly veiled appeal to populist xenophobic sentiment, of which the core constituency remains the original Reform Party of Canada. Mr Harper would be well advised to recall that he represents a minority government, and as such the views of his constituency remain in the minority. I believe this view of nationality remains in the minority, and I appeal to the opposition parties to react vigorously, despite the divisive nature of such an initiative. Living outside Canada, I have felt ethically bound to abstain from voting in federal elections. In fact the law prohibits it, but can easily be skirted since the wording includes intent, and I am sole judge of my intent. No doubt I will add my vote to those of others who find Mr. Harper's actions despicable.
Allan Nichols: We still have time. The new rules don't come into effect until April. Write to Jason Kenney and let all your friends and relatives in Canada know that they need to write to their MP. Jason Kenney's e-mail address: Kenney.J@parl.gc.ca
Write write write.
CIC Spokesperson from Ottawa writes: re: AC from Paris: To reiterate, the new law will not take away citizenship from anyone who is a citizen when the new law comes into effect.
K Zhang from Vancouver writes: The CanadiansAbroad.ca website has a public poll question that 'Children born abroad to parents who are naturalized Canadian citizens should not automatically gain Canadian citizenship.' The current results show that 23 per cent agree, 67 per cent disagree, 10 per cent not sure. How should Canadian law makers respond considering the new rule is objected to by the majority of the Canadian public?
Allan Nichols: The law makers have not thought this out at all. A giant net has been cast to catch some big fish and with it thousand more are being dragged down.
Sam Mullin from Fredericton writes: I am a Canadian by birth (in Canada). I worked, and lived, abroad for several years and my three children were born in other countries. Their births were, at the time, registered with the Canadian High Commissions or Embassies. All three of them have lived in Canada for many years, are still living here, and have children of their own who were born here. Is there some danger that the citizenship of my children, or my grandchildren, might be questioned under this new regime?
Allan Nichols: Sam, neither your children nor your grandchildren (if they were born in Canada) are in danger of losing their citizenship.
CIC Spokesperson from Ottawa writes: re: Sam Mullin - Those born in Canada are Canadian. To reiterate, no one who is a citizen when the new law comes in to effect will lose their citizenship.
Donald Redhorse from Tampa Bay writes: It is not unreasonable to sense confusion in the Canadian Immigration law and regulations. If a child is born or adopted legally by the Canadian parent, the child should automatically receive Canadian Citzenship and a birth certificate issued; especially in the case of Service people. Where a citizen lives should not affect Canadian rights and privileges. For example the tax laws should not prevent the citizen from taking money abroad. Currently there is some conflict in that situation. Interpretation by different immigration administrators is often the grounds for injustice especially at the Canadian Borders.
Allan Nichols: You are absolutely right. I spoke with three separate individuals from CIC, all had different interpretations of the new rules. It needs to be stopped, revisited, re-worked and explained to all stakeholders.
Gloria Galloway: Thank you so much Allan for joining us today. You can see how complicated this issue can be. The Minister has promised to update the Citizenship and Immigration website with a better explanation for how the new regulations will work. The current site, apparently, provides incomplete and potentially misleading information.
In the interim, he has also promised to consult with Canadians who could be affected by the proposals. So it seems that they are not set in stone. Government officials have made it clear that they had no intention of disenfranchising some of the children who have been caught in this net. Those Canadians who have concerns should express them to Mr. Kenney.
And many thanks to all who participated in this forum.
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