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Parents' citizenship status at birth of child

slamberts

Newbie
Jun 22, 2018
5
0
My mother was born in Canada and moved to the U.S. during the 1950's to teach at a university. She met my father, married, then became a U.S. citizen. Less than a year later, I was born.

I want to apply for the citizenship certificate, but have read conflicting requirements around parents' citizenship status at the time of birth of their child. Would the fact that she gave up her Canadian citizenship before I was born cause my application to be rejected?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
My mother was born in Canada and moved to the U.S. during the 1950's to teach at a university. She met my father, married, then became a U.S. citizen. Less than a year later, I was born.

I want to apply for the citizenship certificate, but have read conflicting requirements around parents' citizenship status at the time of birth of their child. Would the fact that she gave up her Canadian citizenship before I was born cause my application to be rejected?
Do you know for certain that she actively renounced Canadian citizenship? It's not automatic on becoming a US citizen. Timing is everything. What citizenship did she hold at the moment you were born?
 

slamberts

Newbie
Jun 22, 2018
5
0
She was a US citizen at the time of my birth. At her citizenship ceremony she had to verbally swear allegiance to the U.S. and verbally state that she’d give up all ties to her birth country (her words). Is that considered “renouncing” Canadian citizenship? At that time, in 1961, dual citizenship was not allowed, according to my mother.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
She was a US citizen at the time of my birth. At her citizenship ceremony she had to verbally swear allegiance to the U.S. and verbally state that she’d give up all ties to her birth country (her words). Is that considered “renouncing” Canadian citizenship? At that time, in 1961, dual citizenship was not allowed, according to my mother.
I don't think that just saying that makes it so, especially in the eyes of the Canadian government. It's to Canada that she would have to formally renounce her citizenship. She is probably still a Canadian citizen. Check with a lawyer to confirm her exact circumstances.
 

hawk39

Hero Member
Mar 26, 2017
690
285
I think that even if your mother lost her citizenship, it was restored in 2009 and she is now a citizen under 3(1)(f) of the current Citizenship Act. Restoration under this section is retroactive to the date of loss, so it is as if she never lost it in the 1950s. Therefore, you would now be a citizen by descent under 3(1)(g). However, because of the first generation limit in section 3(3), any children you had that were not born in Canada would not be able to claim citizenship by descent through you.
 
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alphazip

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May 23, 2013
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I think that even if your mother lost her citizenship, it was restored in 2009 and she is now a citizen under 3(1)(f) of the current Citizenship Act. Restoration under this section is retroactive to the date of loss, so it is as if she never lost it in the 1950s. Therefore, you would now be a citizen by descent under 3(1)(g). However, because of the first generation limit in section 3(3), any children you had that were not born in Canada would not be able to claim citizenship by descent through you.
Correct. The OP is a Canadian citizen.