Born before January 1, 1947, outside Canada and Newfoundland and Labrador to a parent who became a citizen under paragraph 3(1)(k) or (m),and did not become a citizen on that date [paragraph 3(1)(o)]
Citizen’s date of birth: before January 1, 1947
Paragraph 3(1)(o) sets out that persons are Canadian citizens if they were born outside Canada and Newfoundland and Labrador before January 1, 1947, to a parent who is a citizen under paragraph 3(1)(
k) or (
m) and who did not become a Canadian citizen with the coming into force of the
Canadian Citizenship Act on January 1, 1947. This provision was introduced in the legislative amendments made to the
Citizenship Act on June 11, 2015, and has the effect of retroactively giving citizenship to those described as of January 1, 1947 [pursuant to paragraph 3(7)(
k)].
Limit to citizenship by descent [subsection 3(3)]
The
Citizenship Act limits citizenship by descent to the first generation born outside Canada to a Canadian parent. As of April 17, 2009, in order for a person born outside Canada to be a citizen by descent, that person must be born in the first generation to a Canadian parent.
This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009, and who were born outside Canada to a Canadian parent are
not Canadian if
- their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada); or
- their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada).
Subsection 3(3) of the
Citizenship Act specifies that the limit to citizenship by descent applies to persons who are described under paragraph 3(1)(
b), (
f), (
g), (
h), (
i), (
j), (
q), or (
r) (i.e., born outside Canada to Canadian parents) and for whom only one parent is a Canadian citizen or both parents are Canadians who were,
- at the time of that person’s birth, citizens described under either paragraph 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q), or (r);
- at any time, Canadian citizens under paragraph 3(1)(d), (i), or (j) but who are also citizens by descent and were therefore previously citizens under one of the subparagraphs listed under paragraph 3(3)(b) of the Act;
- on January 1, 1947, Canadian citizens as described under paragraph 3(1)(o) or (q) and the person was born before January 1, 1947; or
- on April 1, 1949, Canadian citizens as described under paragraph 3(1)(p) or (r) and the person was born before April 1, 1949.
There are multiple things that seem to apply. Every scenario seems to lead to my husband's grandfather and father both born before 1947 did not become citizens on that day because they both were living in the US and had served in the military during WWI & WWII thus making them not eligible at first for Citizenship because of serving in another country military where they had become naturalized US citizens. Basically, dual nationality wasn't accepted or allowed. When they changed it and made it legal and acceptable they both were retroactively made Canadian Citizens. Which made my husband first generation in 2009.
My two oldest children are eligible by descent because they were born before 2009 thus making my youngest child not eligible because he was born after April 2009. Which he will have to become a citizen by the way of grant.
Wow reading all this and going over it again and makes my head hurt.
I do know that my husband's grandfather never renounced his Canadian identity in the US because on any and every record he listed himself as Canadian born in the place of asking what his citizenship was. I went back and looked thru everything I could find that would possibly have it.
