Citizenship By Decent

[santina91]

I have multiple questions regarding citizenship by descent.

My great-grandmother was born in Ontario in 1896 but moved at a young age to the U.S. where she eventually married an American. Her son (my grandfather - now deceased) was born in 1926. I am under the impression that this means that my grandfather was 1st generation Canadian born outside of the U.S. My mother was born in 1953 and based on discussions with an immigration service, I am under the impression that she is also a Canadian citizen. We are currently working on putting her paperwork together to request proof of Canadian citizenship.

My sister and I (born 1993 and 1991 respectively) are also interested in pursuing Canadian citizenship if we are eligible, but I'm not clear if we are or not. Since we were both born prior to the 2009 Citizenship Act changes, it seems like the 1st generation limit should not apply to us. But since my mom is just applying for her proof of citizenship now, not before our birth, I'm not sure if that has an impact.

Is there anyone who can help clarify some of these questions for me? I'm also not even 100% sure that I have the correct understanding for my mother's case, so please feel free to ask any clarifying questions necessary or point out any errors in my reasoning. Thank you in advance!

 

[scylla]

I have multiple questions regarding citizenship by descent.

My great-grandmother was born in Ontario in 1896 but moved at a young age to the U.S. where she eventually married an American. Her son (my grandfather - now deceased) was born in 1926. I am under the impression that this means that my grandfather was 1st generation Canadian born outside of the U.S. My mother was born in 1953 and based on discussions with an immigration service, I am under the impression that she is also a Canadian citizen. We are currently working on putting her paperwork together to request proof of Canadian citizenship.

My sister and I (born 1993 and 1991 respectively) are also interested in pursuing Canadian citizenship if we are eligible, but I'm not clear if we are or not. Since we were both born prior to the 2009 Citizenship Act changes, it seems like the 1st generation limit should not apply to us. But since my mom is just applying for her proof of citizenship now, not before our birth, I'm not sure if that has an impact.

Is there anyone who can help clarify some of these questions for me? I'm also not even 100% sure that I have the correct understanding for my mother's case, so please feel free to ask any clarifying questions necessary or point out any errors in my reasoning. Thank you in advance!

@hawk39

 

[armoured]

My great-grandmother was born in Ontario in 1896 but moved at a young age to the U.S. where she eventually married an American. Her son (my grandfather - now deceased) was born in 1926. I am under the impression that this means that my grandfather was 1st generation Canadian born outside of the U.S.

Since both were born before Canadian citizenship even existed, this start of the thread of a claim to citizenship is not at all obvious. Your great-grandmother would definitely at the time have lost her status as a British subject / Canadian when she married, and possibly before that (depending on what her parents did). The first citizenship act in 1947 wouldn't have granted that status to either her nor your grandfather, as far as I can tell.

But I defer to @hawk39 as well, because the various changes to the citizenship act since then have periodically had retroactive effect to provide that opportunity to some who wouldn't have had it at the time, and I find it all a bewildering thicket. It seems not at all obvious to me that those changes have reached back quite that far.

What was the 'immigration service' you consulted?

In the meantime you can try this tool:
https://ircc.qualtrics.com/jfe/form/SV_3pJ5oXgZNBj0r1c?Q_Language=EN

I think it would require that your grandfather '...was a Canadian citizen (or a British subject, born or naturalized in Canada before 1947) who was employed outside Canada as a Crown servant.' Your grandfather doesn't seem to meet either of those tests, not born or naturalized in Canada before 1947, nor ever a Crown servant.

But again, i defer to others who may know better than me.

 

[hawk39]

I would recommend that anyone in the second or subsequent generation gather their documents but hold off on submitting their applications until C-71 is actually put into law, which would be in a little over a month per the judge's deadline; there is also the possibility of it being challenged, delayed, or scrapped by a higher court. Granting automatic citizenship retroactively across multiple generations is not a trivial exercise and can set a major broad precedent, so I would not be surprised if a challenge is brought up.

In response to @santina91, under the current law, your mother is considered second generation and is not eligible for citizenship and neither are you and your sister. As @armoured pointed out, under the British Nationality and Status of Aliens Act 1914, your great-grandmother ceased to be a British subject upon marrying her American husband and did not become a Canadian citizen in 1947. Her and your grandfather's citizenships were granted with the 2015 Act. In order for someone to not be hindered by the first-generation limit, the previous generation needed to have been a citizen at the time of their child's birth, and not by legislative retroactivity.