US/Canadian Dual Citizen Questions

[Jean-Jacue]

Hello everyone!

I know this has probably been discussed a number of times, but I have been having quite a hard time getting all the details figured out for certain.

I am a 26 year old (born 1991) US citizen and I would like to apply for proof of Canadian citizenship.

Both of my grandparents (1 remaining) are Canadian citizens by birth.

My grandmother moved to the states a long time ago and my dad and his two brothers were born in the states. 1 of them became a dual citizen a long time ago, but my dad and his younger brother never did since they ended up staying in Michigan.

I have always been very proud of my French-Canadian heritage, and I have alot of family near Montreal. I try to take a vacation to Canada atleast once per year and would like the option of one day buying a house in Canada to vacation to or live in when I have more time. Becoming a dual citizen for the time being would make it easier to visit Canada.

My immediate family were the only ones of the family that ended up moving down to the States when my grandmother remarried when my dad was young.

My first question is:
What would the tax implications be for me being a US citizen who lives and works just in the US?

Would I have to pay additional tax each year? Or would the fact that I am listed as a non resident negate that?

Would I have to file a Canadian Tax return even if I am not earning money there?

Are there any other drawbacks or reasons I should consider not becoming a dual citizen?

Question 2:
Would the fact that my grandmother is, and my grandfather was (before death) a Canadian citizen, and my uncle is a dual citizen give me the right to dual citizenship as well?

My dad and other uncle are both curious about this as well, because I initially started asking them these questions and they did not know. But both of them are interested in possibly becoming dual citizens as well like their older brother if there aren't any major drawbacks.

I spoke to the oldest uncle with the dual citizenship and he had some good info, but I am wanting to really be thorough with this.

Would my dad need to become a dual citizen before I did? Or would i be able to do it without him doing so?

Question 3:
If I applied for and got the Canadian citizenship, it won't renounce my US citizenship, right?

I think this question is rather redundant as it looks like I would have to go about doing that separately.

It looks like if I was granted the Canadian citizenship i would automatically become a dual citizen.

I just want to be certain, since my home, immediate family, and work is in the US.

Thank you for taking the time to read this, and I appreciate your input!

 

[links18]

If your dad was born in the United States, you are not a Canadian citizen and have no claim to Canadian citizenship outside immigrating to Canada, obtaining Permanent Residence status and then meeting the naturalization requirements, which currently require 3 out of 5 years physical presence in Canada. That is unless your grand parents were in crown service or some other exceptions when your dad was born.

 

[screech339]

If your dad was born in the United States, you are not a Canadian citizen and have no claim to Canadian citizenship outside immigrating to Canada, obtaining Permanent Residence status and then meeting the naturalization requirements, which currently require 3 out of 5 years physical presence in Canada. That is unless your grand parents were in crown service or some other exceptions when your dad was born.

Currently it's 4/6 years to qualify for citizenship until CIC update it to 3/5 year. It is misleading to say that it currently require 3/5 when it is, in fact, not.

 

[links18]

Currently it's 4/6 years to qualify for citizenship until CIC update it to 3/5 year. It is misleading to say that it currently require 3/5 when it is, in fact, not.

Whoops, right, but it will be 3 out of 5 before it would ever affect OP.

 

[Jean-Jacue]

Thank you for the information guys.

That's a bummer

In the case of my dad and my uncle, if they applied for citizenship, would there be tax implications they would need to look out for?

If my dad became a dual citizen, would that mean I could become a dual as well?

 

[Alurra71]

Thank you for the information guys.

That's a bummer

In the case of my dad and my uncle, if they applied for citizenship, would there be tax implications they would need to look out for?

If my dad became a dual citizen, would that mean I could become a dual as well?

There would be no tax implications for either your dad or uncle if they were granted their Canadian citizenship. Canada is NOT like the US. If you are not residing in Canada you are not required to file Canadian income taxes.

As far as you being granted citizenship if your dad gets it, the answer is no. Your dad would be a first generation born abroad, and since his parents were born in Canada, he should be entitled to Canadian citizenship. You, however, are not because you would be the second generation born abroad. There is a way for you to gain your citizenship through your father but that requires that you meet a whole lot requirements to do so.

1. Your father would need to permanently move to Canada.
2. You would need to be 19 years old currently, or younger. (This means 19 at the time of application. I would be happy to explain further if you meet all other requirements in this list first.)
3. Your father successfully sponsors you for Canadian permanent residence. Once you are a permanent resident (but here you would need to be no older than 18) you could apply for citizenship immediately based on your fathers citizenship.

Hope that helps to answer some of your questions.

 

[canuck_in_uk]

Thank you for the information guys.

That's a bummer

In the case of my dad and my uncle, if they applied for citizenship, would there be tax implications they would need to look out for?

If my dad became a dual citizen, would that mean I could become a dual as well?

Your dad and uncle ARE Canadian citizens. They simply don't have proof of it.

A person outside of Canada needs strong ties to Canada to be considered a resident for tax purposes. Canada doesn't tax based on citizenship.

Your dad can't pass his Canadian citizenship to you regardless.

 

[Jean-Jacue]

I appreciate all the replies and insight!

Atleast I have news for my dad and uncle.

Sounds like I am out of luck though...

 

[scylla]

Yes - you're out of luck. You're one generation too far removed.

If you're interested in becoming a citizen, you'll first need to become a permanent resident. Canada has a number of different immigration streams, each with its own requirements. You can find detailed information here: http://www.cic.gc.ca/english/immigrate/apply.asp

 

[spyfy]

Yes - you're out of luck. You're one generation too far removed.

If you're interested in becoming a citizen, you'll first need to become a permanent resident. Canada has a number of different immigration streams, each with its own requirements. You can find detailed information here: http://www.cic.gc.ca/english/immigrate/apply.asp

Wait, as far as I know, the one-generation limit only applies to children born outside Canada after 2009 but the OP was born in 1991. Back then, wasn't all you need a Canadian parent and his dad is Canadian?!

Not that Wikipedia is the most reliable source but this article here:
https://en.wikipedia.org/wiki/Canadian_nationality_law#Previous_provisions

Says: "Between 15 February 1977 and 16 April 2009, a child of a Canadian citizen who was born abroad acquires Canadian citizenship automatically at birth, regardless of whether the parent was a Canadian citizen by descent."

So, to sum things up:
- The OP's dad has always been Canadian and therefore was Canadian at the birth of the OP
- The OP was born within the above time frame
- The OP therefore should be Canadian

I am fully aware that I am going against the opinion of two very experienced members in this forum and it is very likely that I am in the wrong here, but I would be very interested in what I am probably understanding wrong here?!

 

[Jean-Jacue]

Wait, as far as I know, the one-generation limit only applies to children born outside Canada after 2009 but the OP was born in 1991. Back then, wasn't all you need a Canadian parent and his dad is Canadian?!

Not that Wikipedia is the most reliable source but this article here:
https://en.wikipedia.org/wiki/Canadian_nationality_law#Previous_provisions

Says: "Between 15 February 1977 and 16 April 2009, a child of a Canadian citizen who was born abroad acquires Canadian citizenship automatically at birth, regardless of whether the parent was a Canadian citizen by descent."

So, to sum things up:
- The OP's dad has always been Canadian and therefore was Canadian at the birth of the OP
- The OP was born within the above time frame
- The OP therefore should be Canadian

I am fully aware that I am going against the opinion of two very experienced members in this forum and it is very likely that I am in the wrong here, but I would be very interested in what I am probably understanding wrong here?!

This is what I had learned from my research as well.

When I spoke to my uncle (my dad's brother who is a dual citizen) he did it at the consulate at the time, and when he was granted citizenship he asked about his children, and he was told that they have the right to citizenship as well.

This is what got my hopes up on the matter. His kids would be in the same situation as me, except my dad hasn't claimed citizenship yet.

Initially I was thinking that my dad would have to claim dual citizenship first, then I would be eligible to. Using the info I got from my uncle pertaining to his kids.

But of course perhaps that person was wrong, or information was mis-interpreted, or things have changed since he went through that process.

Of course applying for proof of citizenship is the way to find out for sure, but I am just trying to get as much info in order as possible.

I have learned quite a bit from this post, so I am very grateful for the people who have contributed to this thread.

I found it to be quite daunting to research this just by googling stuff, so it has been a great help to talk to some people with some knowledge on the matter.

 

[scylla]

Wait, as far as I know, the one-generation limit only applies to children born outside Canada after 2009 but the OP was born in 1991. Back then, wasn't all you need a Canadian parent and his dad is Canadian?!

Not that Wikipedia is the most reliable source but this article here:
https://en.wikipedia.org/wiki/Canadian_nationality_law#Previous_provisions

Says: "Between 15 February 1977 and 16 April 2009, a child of a Canadian citizen who was born abroad acquires Canadian citizenship automatically at birth, regardless of whether the parent was a Canadian citizen by descent."

So, to sum things up:
- The OP's dad has always been Canadian and therefore was Canadian at the birth of the OP
- The OP was born within the above time frame
- The OP therefore should be Canadian

I am fully aware that I am going against the opinion of two very experienced members in this forum and it is very likely that I am in the wrong here, but I would be very interested in what I am probably understanding wrong here?!

That's in the section titled "Previous Provisions" - meaning old rules. You need to read above that section where the current rules (Bill c-37) are explained.

 

[picklee]

That's in the section titled "Previous Provisions" - meaning old rules. You need to read above that section where the current rules (Bill c-37) are explained.

If you read the current rules under Bill C-37, it gives an example of a child born before the bill came into effect (2009):

In a scenario, the new rules would apply like this: A child is born in Brazil in 2005 (before the new rules came in effect) to a Canadian citizen father, who himself is a born abroad citizen by descent, and a Brazilian mother who is only a Permanent Resident of Canada. Child automatically becomes a Canadian citizen at birth.

It would seem that OP has a claim to citizenship if dad was a Canadian at birth (even if born abroad).

 

[alphazip]

Wait, as far as I know, the one-generation limit only applies to children born outside Canada after 2009 but the OP was born in 1991. Back then, wasn't all you need a Canadian parent and his dad is Canadian?!

Not that Wikipedia is the most reliable source but this article here:
https://en.wikipedia.org/wiki/Canadian_nationality_law#Previous_provisions

Says: "Between 15 February 1977 and 16 April 2009, a child of a Canadian citizen who was born abroad acquires Canadian citizenship automatically at birth, regardless of whether the parent was a Canadian citizen by descent."

So, to sum things up:
- The OP's dad has always been Canadian and therefore was Canadian at the birth of the OP
- The OP was born within the above time frame
- The OP therefore should be Canadian

I am fully aware that I am going against the opinion of two very experienced members in this forum and it is very likely that I am in the wrong here, but I would be very interested in what I am probably understanding wrong here?!

The OP does not give the year in which his father was born, but considering that the OP was born in 1991, the father was almost certainly born before 1977. That being the case, the father's birth abroad would have had to be registered with Canadian authorities in order for him to have inherited Canadian citizenship from his father, the OP's grandfather. If it was not, then the OP's father was not a Canadian citizen until the changes to the Citizenship Act took effect on April 17, 2009. Although the father was made a citizen retroactive to his birth, this does not help the OP, because the limit on citizenship by descent to the first generation born abroad took effect at the same moment as did the retroactivity.

The OP's father had the ability to make a delayed registration of birth abroad (http://www.cic.gc.ca/english/resources/tools/cit/proof/registration.asp), and thereby become a Canadian citizen, but that possibility expired in 2004. If he had done so [it sounds like that's what the uncle did], the OP would be a Canadian citizen now.

 

[alphazip]

It would seem that OP has a claim to citizenship if dad was a Canadian at birth (even if born abroad).

The OP would have a claim to citizenship if his father was a Canadian citizen when the OP was born, but, unless the father's birth was registered, he was not.