Proof of Citizenship Denial - 2nd Gen Born outside Canada

[2ndGenBorn]

I applied for a Proof of Citizenship and just got denied. I believe the Citizenship Officer who denied me did not understand the law as it contradicts what I have found. Here is the case:

My Grandma was born in Canada back in the the 30s. She married and moved to the US and my dad was born in the 50s. I was then born in the 80s. Several years ago, my dad applied for the Proof of Citizenship and received it no problem. I then used his citizenship certificate number on my form and applied for Proof of Citizenship.

My understanding is that the 1977 Citizenship Act granted citizenship to those born to Canadian citizens who were outside of Canada. This was then amended in April 2009 by bill C-37 to limit this to only the first generation born outside of Canada but did not revoke citizenship from those born before the bill took effect. Since I was born before 2009, I have citizenship, I am just in the process of trying to prove it and they denied me.

What actions can I take to get them to re-access my case without having to reapply and get denied again?

I have attached a copy of the denial letter with my information removed.

https://imgur.com/a/NwwXokw

 

[hawk39]

Under the 1946 Act, married Canadian women were not able to pass down citizenship to their children, so your father was not a Canadian citizen when he was born in the 50s. The 2009 changes restored or gave citizenship to those that had lost or were previously not eligible under the 1946 Act; these people have been dubbed as "lost Canadians". Thus he was able to apply for his certificate, and he is now a citizen under 3(1)(g). As someone born in the 80s, you would be considered to be under 3(1)(b); but because you are the second generation, section 3(3) limits citizenship to those of the first generation, including children of 3(1)(g) citizens [i.e. your father].

 

[SideshowLoki]

Changes in 2015
In 2015, you became a Canadian citizen if you were:

• born or naturalized in Canada before January 1, 1947, but stopped being a British subject and didn’t become a citizen on that date
  • in Newfoundland and Labrador this date is April 1, 1949
• a British subject usually living in Canada but weren’t eligible for Canadian citizenship on January 1, 1947
  • in Newfoundland and Labrador this date is April 1, 1949
• born outside Canada in the first generation before January 1, 1947, to a parent described above
  • in Newfoundland and Labrador this date is April 1, 1949
• born outside Canada in the first generation before January 1, 1947, to a parent who became a citizen on that date and you didn’t become a citizen on that date
  • in Newfoundland and Labrador this date is April 1, 1949
• foreign-born and adopted before January 1, 1947, and at least one adoptive parent became a Canadian citizen on that date and the adoptive parent is eligible to pass on citizenship by descent
  • in Newfoundland and Labrador this date is April 1, 1949

In 2015, you didn’t become a Canadian citizen if you:

• had your British subject status revoked
• renounced your British subject status
• were born outside Canada after the first generation (unless one of the exceptions to the first generation limit to citizenship by descent apply)

The underlined is why you were denied citizenship. If you had applied prior to 2009, you would have received it. But as you didn't, you are not eligible for it now. (unless there's some stuff you're not mentioning, but even then, it's pretty black and white.

Here are the exceptions to the first generation limit that they mentioned:

Exceptions to the first generation limit
If you were born outside Canada in the second or later generation, the first generation limit to citizenship doesn’t apply to you if:

• at the time of your birth, your Canadian parent was employed outside Canada, other than as a locally engaged person (a crown servant):
  • with the Canadian Armed Forces
  • with the federal public administration
  • with the public service of a province or territory
• at the time of your Canadian parent’s birth or adoption, your Canadian grandparent was employed outside Canada, other than as a locally engaged person (a crown servant):
  • in the Canadian Armed Forces
  • with the federal public administration
  • with the public service of a province or territory

So unless your grandparent/parent were any of the above, you're out of luck.

 

[alphazip]

The underlined is why you were denied citizenship. If you had applied prior to 2009, you would have received it. But as you didn't, you are not eligible for it now. (unless there's some stuff you're not mentioning, but even then, it's pretty black and white.

Actually, if the OP had applied before 2009, he still would not have qualified, because he was not born to a parent who was a Canadian citizen at that time. As hawk39 pointed out, the father only became a Canadian citizen with the 2009 changes to the Citizenship Act.

The 1977 Citizenship Act provided a route to citizenship for people in the OP's father's position, and if he had applied for and received a "facilitated grant" of Canadian citizenship before the OP was born, then the OP would be a Canadian citizen. That avenue is now closed.

Quoting from: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/retention-prior-attaining-28-years-old.html

"Transition clauses in 1977 Act
Two temporary provisions were part of the 1977 Act. One allowed persons who were not registered before February 15, 1977 to register (subsection 4(3)). The second provided for a facilitated grant of citizenship for children born in wedlock to Canadian mothers (paragraph 5(2)(b)). After May 17, 2004, after a Federal Court decision, paragraph 5(2)(b) also applied to children born between January 1, 1947 and February 14, 1977, out of wedlock to Canadian fathers.

The transition clauses expired on August 14, 2004."