Got my proof of citizenship certificate... does this allow my children to apply?

[colind1977]

Did a quick search and can't find a definitive answer.

My certificate arrived last week (21/04/2022) and is dated 1977 (effective date of citizenship). Does this effectively allow my children, born 2002 and 2005 to apply for citizenship by descent at some point in the future as I was "effectively a citizen" at the time of their birth according to my certificate?

 

[armoured]

On what basis were you granted citizenship?

 

[colind1977]

By descent via my Grandfather who was a crown servant in WW2.

 

[armoured]

By descent via my Grandfather who was a crown servant in WW2.

Then I do not know. Possible they would not be eligible (since the 2009 law change, citizens by descent cannot pass on citizenship), but your specific scenario of how you got citizenship, with children born before that amendment - well, I just don't know, I'm sure there are members here who know the details better than I do.

[If you sponsor them to become PRs in Canada before they turn 22, they could then qualify on their own, but that would have to be as dependents of you and you all actually moving to Canada etc. I prsume that's not what you're asking but there is potentially a pathway.]

 

[hawk39]

Did a quick search and can't find a definitive answer.

My certificate arrived last week (21/04/2022) and is dated 1977 (effective date of citizenship). Does this effectively allow my children, born 2002 and 2005 to apply for citizenship by descent at some point in the future as I was "effectively a citizen" at the time of their birth according to my certificate?

Sorry, but the retroactivity of your citizenship by becoming a citizen by descent does not supersede the generational limit of the Citizenship Act.

By law, you are a Canadian citizen by descent under 3(1)(b) or (g) of the current Act since your date of birth in 1977, but you are also of the second generation in relationship to your grandfather. Your children would be described under 3(1)(b), but the generational limit under 3(3) precludes (b) children from getting citizenship by descent from (b) or (g) parents.

@armoured suggestion is the only guaranteed way for your children to get Canadian citizenship at this point. After they turn 22, they will have to immigrate on their own merits, or you could only sponsor one of them under the 'lonely Canadian' stream, which would require you to not have any living Canadian relatives.

 

[colind1977]

Sorry, but the retroactivity of your citizenship by becoming a citizen by descent does not supersede the generational limit of the Citizenship Act.

By law, you are a Canadian citizen by descent under 3(1)(b) or (g) of the current Act since your date of birth in 1977, but you are also of the second generation in relationship to your grandfather. Your children would be described under 3(1)(b), but the generational limit under 3(3) precludes (b) children from getting citizenship by descent from (b) or (g) parents.

@armoured suggestion is the only guaranteed way for your children to get Canadian citizenship at this point. After they turn 22, they will have to immigrate on their own merits, or you could only sponsor one of them under the 'lonely Canadian' stream, which would require you to not have any living Canadian relatives.

Thank you so much for clarifying this. Very helpful.