Familiar Scenario with a twist

[MRStone]

Hello:
Father born in Canada in 1924. He was abandoned and lived in a foundling home in Montreal until the age of two. He was adopted by my grandparents (both US citizens) in 1926 and brought to Massachusetts where he was raised. He remained in the US until his death in 1997. He married my mother (US citizen) in 1951. They had three children born in the US in 1952, 1955 & 1959.
Question 1: Are we (his children) Canadian citizens?
Question 2: There is no birth certificate we are aware of. If one exists, he never had it. I do not know what documentation may exist of his adoption nor do I have documentation of his immigration to the US. How do I proceed in proving his Canadian citizenship...and mine (if applicable).
Thanks,
Mark

 

[hawk39]

Without any documentation, your chances are proving his citizenship are very low. Birth certificates are issued by the provinces, so you need to find out what province he was born in, as there is an chance that even though he was abandoned in Montreal, he might not have born in Quebec. Also, even though your father may have been born in Canada, in 1924 he would have been considered a British subject and be governed under British Nationality and Status of Aliens Act 1914 because Canadian citizenship as a legal status did not exist until 1947 (https://en.wikipedia.org/wiki/History_of_Canadian_nationality_law#Canadian_citizens_and_Canadian_nationals,_1910–1947). You need to find out if he was naturalized by his grandparents as a US citizen before January 1, 1947 because if he was, then he was not a Canadian citizen when the Canadian Citizenship Act 1946 was enacted (section 13 of http://www.legislation.gov.uk/ukpga/1914/17/pdfs/ukpga_19140017_en.pdf), and unfortunately, that would mean neither you nor your siblings would be too.

You have a lot of research to do if you wish to pursue this. Good luck.

 

[MRStone]

Thanks. Might the 2009 amendments have retroactively changed his status. The term "actively renounced" comes up in some things I've read. I don't know what that means but I don't see how an infant could have done that unless his guardian could have done it for him. To clarify my first post, my word "abandoned" is too strong. We have a certificate of baptism with the names of his biological parents on it dated in the year he was born. I do not know the circumstances of how he got to the foundling home.

 

[hawk39]

Yes, you are correct. The 2015 amendment granted citizenship to those born before 1947 who had lost their British Subject status involuntarily or as a minor (section 3(1)k of http://laws-lois.justice.gc.ca/eng/acts/C-29/section-3.html, https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/loss-canadian-british-subject-status-acquisition-restoration-canadian.html); apologies for that oversight. So yes, you and your siblings are Canadian citizens by descent.

The baptism certificate probably means he was born in Quebec, so you need to apply for your father's birth certificate from the Quebec government (http://www.etatcivil.gouv.qc.ca/en/default.html). Once you get it, you can apply for his Canadian Citizenship certificate (https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/apply.html). Then after you get your father's citizenship certificate, you and your siblings can then apply for your citizenship certificates.

 

[jamie hito]

But his father passed away 2 decades ago?

Is there such a grant as post mortem citizenship?

Have it been done before?

 

[MRStone]

Interesting point but, if I have a rightful claim, it would surprise me if it would be discriminated against because of my father's date of death. Assuming I do have a rightful claim, I've been wondering about the status of my children born in 93 and 95. It seems unlikely because of the recent amendments that limit 2nd generation descendants. I guess one would have to claim that the retroactive nature of my father's citizenship also "grandfathers" in his grandchildren born in the 90's trumping the recent changes.

 

[spyfy]

Interesting point but, if I have a rightful claim, it would surprise me if it would be discriminated against because of my father's date of death. Assuming I do have a rightful claim, I've been wondering about the status of my children born in 93 and 95. It seems unlikely because of the recent amendments that limit 2nd generation descendants. I guess one would have to claim that the retroactive nature of my father's citizenship also "grandfathers" in his grandchildren born in the 90's trumping the recent changes.

Your case is waaaay too complicated and too intricate that you can find qualified insight in this forum on it. If you want to pursue your citizenship, I recommend hiring a lawyer.

 

[MRStone]

Agreed. Just looking for anything obvious I may be missing before spending $$.
Thanks to all.

 

[hawk39]

At the very least, get a head start and apply for your father's birth certificate from the Quebec government as soon as you can before you actually need it for the lawyer or certificate application.