海外出生的第三代是否仍有加拿大籍?

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海外出生的第三代是否仍有加拿大籍?

文章shwsan » 週日 9月 10, 2006 10:11 am

我聽說, 外國人取得加籍後, 他的第二代不管在哪出生, 無庸置疑當然是加拿大人, 可是他的第三代會因為第二代的出生地而影響到他是否為加拿大籍, 如果第二代在加拿大出生, 那他的小孩(第三代)不管在哪出生都是加拿大人, 如果第二代不是在加拿大出生, 雖然第一代第二代都是加籍, 除非第三代回到加拿大出生, 否則若在海外出生就不是加拿大人了, 我的問題來了, 那是不是說為了子孫著想, 我得讓我的兒子跟孫子都要在加拿大找老婆生小孩囉? 不然的話就只能延到第二代而已, 是這樣的嗎??
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文章eki » 週日 9月 10, 2006 2:19 pm

:sorry:
最後由 eki 於 週日 9月 10, 2006 4:35 pm 編輯,總共編輯了 1 次。
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文章ello » 週日 9月 10, 2006 3:24 pm

嗯.是有這一條,在CIC網頁上閒晃時看過。
海外出生的第三代加拿大人必須在滿28歲以前採取一些行動,否則會失去加拿大籍。 :lol:
http://www.cic.gc.ca/english/citizen/bornout-info.html
內容很長,要如何保住加籍就不貼了。
不過這件事很重要,要放在心上,還得要記得老的時候要告訴孫子輩...呵~
If this does not apply to you, keep in mind that it may apply to your children born outside Canada.

Born Outside Canada to a Canadian Parent
------------------------------------------------------------------------------------
Is one of your parents Canadian? Were you born outside Canada? Are you a Canadian who had a child outside Canada?

Find out if you are a Canadian citizen. Learn about what you might have to do to keep your citizenship.

Born Outside Canada after February 14, 1977
You are a Canadian citizen
You are a Canadian citizen if you were born outside Canada and:

●you were born after February 14, 1977; and
●you had a parent who was Canadian at the time of your birth.

Was your parent also born outside Canada to a Canadian parent?
If your Canadian parent was also born outside Canada to a Canadian parent (your grandparent), you may need to take steps to keep your citizenship. You need to take these steps before you turn 28 years old. If you do not take these steps, you could lose your Canadian citizenship. This is true even if you are living in Canada.
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文章eki » 週日 9月 10, 2006 4:29 pm

謝謝提供資訊
又長一智了
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文章eki » 週日 9月 10, 2006 7:34 pm

基於上篇小弟草率錯誤的回覆
再度:sorry:

花了一些時間研讀
以玆懺悔補救

在移民法第八段中敘述到
Citizenship Act

Section 8. Where a person who was born outside Canada after February 14, 1977 is a citizen for the reason that at the time of his birth one of his parents was a citizen by virtue of paragraph 3(1)(b) or (e), that person ceases to be a citizen on attaining the age of twenty-eight years unless that person

(a) makes application to retain his citizenship; and

(b) registers as a citizen and either resides in Canada for a period of at least one year immediately preceding the date of his application or establishes a substantial connection with Canada.

第三段的3(1)(b)(e)如下
Section3. (1) Subject to this Act, a person is a citizen if

(a) the person was born in Canada after February 14, 1977;

(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;

(c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;

(d) the person was a citizen immediately before February 15, 1977; or

(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act.

所以ello大大的呼籲不容忽視
若你的小孩或下一代是(或將是)屬於這種身分的公民
在滿28歲之前
是否符合條件與需要作保有公民身分的申請
請參閱
ello大大所提供的網頁說明
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文章bb552235 » 週一 9月 11, 2006 5:31 pm

建議版大將這篇文章置頂.
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[轉貼]海外出生加國公民須及時登記 否則喪失身份

文章bb552235 » 週二 1月 16, 2007 11:37 pm

海外出生加國公民須及時登記 否則喪失身份

--------------------------------------------------------------------------------

萬維讀者網 2007-01-13 22:29:30


聯邦《公民法》對1977年2月14日以後在海外出生加國公民,規定了28年的公民身分時限,如果他們在年滿28歲前未向政府重新登記,
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文章bb552235 » 週二 1月 16, 2007 11:42 pm

Citizen cards to feature expiry date


Those born outside Canada reminded of need to re-register by 28th birthday

January 11, 2007
Allan Woods
Ottawa Bureau


OTTAWA–The federal government has started stamping expiry dates on citizenship cards to remind some young Canadians born outside of the country they could lose their rights as citizens if they do not re-register with the government before their 28th birthday.

The Citizenship Act of 1977 requires that second-generation Canadians born outside of Canada re-register for their citizenship to prove an "attachment" to the country and "as a way of safeguarding the value of citizenship," immigration department officials explained.

The rule means that anyone affected by the law – and the first crop would have turned 28 on Feb. 15, 2005 – might have already been stripped of their citizenship if they did not re-register with the government.

"There is no way to tell how many individuals have lost citizenship status because they did not apply to retain their citizenship before their 28th birthday," said Lisa Borsu, an immigration department spokesperson.

Indeed, a Commons committee noted in a 2005 report that many people would be ignorant of "this fairly obscure legal requirement." The MPs recommended that the immigration minister give special consideration to those who may have unwittingly ceased to be Canadian.

Vancouver immigration lawyer Richard Kurland said the issue could become more prominent as more people apply for passports to comply with new U.S. requirements for air travellers that take effect Jan. 23. Many people may soon find out they have lost their Canadian citizenship, he said this week.

Some MPs suspect this move is part of a citizenship review launched by former immigration minister Monte Solberg to look at the "rights and responsibilities" entailed in holding citizenship. The review, launched after the evacuation of Canadians from Lebanon last summer, was believed to be looking at issues related to dual citizenship.

"All of a sudden when he (Solberg) started studying it they found out there's a loophole," said Scarborough Liberal MP Jim Karygiannis, a member of the Commons citizenship and immigration committee.

"(The requirement) was around forever, but it was not something that was, let's say, enforced. All of a sudden they find a sleeper out there and they say `Okay, let's activate it.'"

Philippe Mailhot, a spokesperson for new immigration minister Diane Finley, said the measures are not linked to the review, nor are they reflective of a get-tough approach.

The expiry date has been deemed a more practical way of reminding people of the rules than trying to track them down as their 28th birthday nears.

http://www.thestar.com/article/170011
最後由 bb552235 於 週日 3月 25, 2007 11:41 pm 編輯,總共編輯了 1 次。
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Expiry Date on Canadian Citizenship

文章bb552235 » 週三 1月 17, 2007 5:50 pm

Expiry Date on Canadian Citizenship
Issue
Recent articles in Canadian newspapers allege that some Canadians could unknowingly lose their citizenship under a decades-old law that is only now being enforced.

Fact
The requirement that certain Canadians born abroad take steps to confirm their Canadian citizenship has existed in some form since Canadian citizenship was first granted in 1947. It is meant to ensure that people who wish to remain citizens retain links to Canada.

Since 1977, the law requires that some Canadians born abroad (only those who are part of the second and subsequent generations born outside of Canada) take action prior to their 28th birthday to confirm their Canadian citizenship. If they do not, under section 8 of the Citizenship Act, they automatically cease to be citizens.

The first time such persons could lose their citizenship under the Citizenship Act was on February 15, 2005, that is, 28 years after the Act was implemented.

It is not true that this 30 year old law is only now being enforced. The requirement does not apply to every Canadian born abroad. It only applies to those who are part of the second and subsequent generations born outside of Canada. Section 8 of the 1977 Citizenship Act states:

Certain Canadian citizens who were born outside Canada on or after February 15, 1977, to a parent who was also born outside Canada to a Canadian parent automatically cease to be citizens on their 28th birthday, unless they take formal steps to retain Canadian citizenship.

A somewhat similar but not identical requirement existed between 1947 and 1977.

Persons who apply for a citizenship certificate and who are subject to the retention requirement receive a letter advising the holder that steps must be taken before their 28th birthday in order to retain Canadian citizenship.

Effective January 1, 2007, as an additional reminder for these citizens to retain their citizenship, and in response to recommendations from the House of Commons Standing Committee on Citizenship and Immigration and stakeholders, certificates for these Canadians now include a date by which they must act to remain Canadians. Citizenship and Immigration Canada is taking steps to remind people of this requirement, and will continue to do so.

People who ceased to be Canadian citizens when they were adults can apply to resume Canadian citizenship. For more information about resumption, please see Resumption of Canadian Citizenship.

For more information about retaining your Canadian citizenship, please see Retention of Canadian Citizenship
http://www.cic.gc.ca/english/citizen/retention.html


http://www.cic.gc.ca/english/facts/expiry-date.html
最後由 bb552235 於 週日 3月 25, 2007 11:40 pm 編輯,總共編輯了 1 次。
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文章gladiator » 週五 3月 09, 2007 7:44 pm

各位大大先進好,有個朋友問了我以下的問題,我看了網站中文和英文的報導,可能是我中文在退化中,英文又還不夠好,只好厚著臉皮來請教這個困惑不以的問題, :oops:
:?
就是究竟是我朋友的女兒還是我朋友的孫子會面臨 28 歲保留公民身份的問題呢?

1. 我朋友出生于1977年02月14日以前(嘿嘿,否則現在當不了阿公阿媽),朋友實際年齡保密,出生地非加拿大
2. 朋友的女兒出生于 1981年(符合出生於 1977年02月14日以後的要件),今年是26歲,出生地非加拿大
3. 朋友的孫子(也就是朋友女兒的兒子),出生于2002年(符合出生於 1977年02月14日以後的要件),今年是 5歲,出生地非加拿大
4. 朋友是在 1990年取得加拿大公民身份,當然,他女兒也在同時(1990年)取得了加拿大公民身份,朋友的孫子雖然不是在加拿大出生,因為媽媽是加拿大公民,所以孫子現在也是加拿大公民

朋友前幾天問我,在上面這種情形下,到底是他的女兒還是他的孫子有 28歲公民身份的問題?我看了網站的相關討論,還是不敢確定,只好來求救了 :wink:
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文章ocean » 週六 3月 10, 2007 12:45 am

以下是我純屬個人的意見,僅供參考:

我認為會有問題的是屬於自然擁有加拿大公民的小孩,也就是你朋友的孫子。

因為你朋友的孩子是跟隨父母一起移民來的,他們有經過考試而拿到公民,所以

應該沒有問題。有問題的是一出生就擁有加拿大公民而出生地非加拿大的小孩。

如果我的觀念有錯,請大大糾正! :twisted:
Everything happens for the Good!
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文章Svensk » 週六 3月 10, 2007 3:52 am

ocean 寫:有問題的是一出生就擁有加拿大公民而出生地非加拿大的小孩。

附議!而且是從未回加拿大,並與加拿大沒有任何關聯的海外加拿大公民。
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文章gladiator » 週日 3月 11, 2007 4:45 pm

謝謝2 位大大的指導,現在清楚了,也就是說會面臨到在 28 歲以前保留加拿大公民身份的問題要符合以下兩個要件:
1.當事人出生於 1977年02月14日以後
2.當事人出生地非加拿大,而且出生時是因為其父親或母親已經是加國公民的情形下而取得加國公民身份
只有同時符合以上二個條件才會有28 歲保留加拿大公民身份的問題,所以朋友的女兒沒這個問題,朋友的孫子才會有這個問題
太感動了,這樣終於清楚了,這樣朋友可以放心了,謝謝各位大大
8)
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文章bb552235 » 週日 3月 25, 2007 11:30 pm

D. Loss and Resumption of Citizenship

The Act provides that a person can lose Canadian citizenship in several ways. People who were born outside Canada after 1977, and who are citizens because one of their parents has Canadian citizenship also on such grounds, lose their citizenship when they turn 28 unless they make an application to retain it, have registered as a citizen, and have either lived in Canada for at least one year prior to the application or can establish that they have a substantial connection to Canada.(31) This is called derivative citizenship.

In its 1994 report, the Standing Committee criticized these derivative citizenship rules and called for citizenship to be restricted to the first generation born abroad.(32) The Committee concluded that affording citizenship to people who have minimal connections to Canada does nothing to enhance the value of Canadian citizenship or build a strong community in this country. The report also noted the difficult administrative and evidentiary issues that can arise with the current provisions.(33)

http://dsp-psd.pwgsc.gc.ca/Collection-R ... enship(txt)
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Re: 海外出生的第三代是否仍有加拿大籍?

文章gladiator » 週六 1月 17, 2009 6:01 am

這是明報今天的頭條新聞“公民權不能再「世襲」 兩代海外出生國籍不保”,看起來又有新規定了,有興趣的朋友可以詳細看看
http://www.mingpaovan.com/htm/News/20090117/vaa1h.htm
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