Ancestry Citizenship?

[hwaetwegardena]

Hello,

I am a U.S. Citizen born in 1998 and my father was born in 1972 to a Canadian woman born in 1941 and an American father, my grandmother has not given up her Canadian citizenship even today. My father never applied for Canadian citizenship but I was wondering if I would be a citizen because my grandmother was a Crown subject and is still only a Canadian citizen? My father and I will be checking our citizenship status at the same time so he would claim his jus sanguinis citizenship no matter what. I am confused because https://nomadcapitalist.com/2018/07/19/how-to-get-canadian-citizenship/ says I would be but the official test says I might not be.

 

[Seym]

More experienced members will chime in, but, if not mistaken, you father is Canadian but cannot transmit his citizenship to you since you're the 2nd generation born abroad.

 

[zardoz]

Hello,

I am a U.S. Citizen born in 1998 and my father was born in 1972 to a Canadian woman born in 1941 and an American father, my grandmother has not given up her Canadian citizenship even today. My father never applied for Canadian citizenship but I was wondering if I would be a citizen because my grandmother was a Crown subject and is still only a Canadian citizen? My father and I will be checking our citizenship status at the same time so he would claim his jus sanguinis citizenship no matter what. I am confused because https://nomadcapitalist.com/2018/07/19/how-to-get-canadian-citizenship/ says I would be but the official test says I might not be.

I think the "official test" is most likely correct.

 

[hwaetwegardena]

I think the "official test" is most likely correct.

The official test only asks for parental status, and If I'm not mistaken one can apply through more distant ancestry? Or is the other material I've read online incorrect.

 

[scylla]

The official test only asks for parental status, and If I'm not mistaken one can apply through more distant ancestry? Or is the other material I've read online incorrect.

The material you've read online is most likely correct - but very confusing since different laws came into place at different times. Having said that, I haven't read the specific link you have provided.

As others have said, your father qualifies for Canadian citizenship through his mother. You, unfortunately, do not as the second generation born abroad.

 

[hwaetwegardena]

The material you've read online is most likely correct - but very confusing since different laws came into place at different times. Having said that, I haven't read the specific link you have provided.

As others have said, your father qualifies for Canadian citizenship through his mother. You, unfortunately, do not as the second generation born abroad.

So does that mean that I am totally barred from ancestry citizenship? Or simply from applying through him alone?

 

[scylla]

So does that mean that I am totally barred from ancestry citizenship? Or simply from applying through him alone?

Sorry - I'm not sure I understand.

You don't have any means of obtaining citizenship through descent. You can't claim Canadian citizienship through your father or grandparents. Your father is the only person who can claim citizenship through descent.

To become a Canadian citizen, you would first need to become a permanent resident of Canada (most likely through qualifying and applying as an economic immigrant) and then you would have to live in Canada for a few year to qualify for citizenship.

 

[hwaetwegardena]

Sorry - I'm not sure I understand.

You don't have any means of obtaining citizenship through descent. You can't claim Canadian citizienship through your father or grandparents. Your father is the only person who can claim citizenship through descent.

To become a Canadian citizen, you would first need to become a permanent resident of Canada (most likely through qualifying and applying as an economic immigrant) and then you would have to live in Canada for a few year to qualify for citizenship.

Ah, fair enough. I read that one can apply through grandparents but I suppose that's only if my father was a citizen at the time of my birth rather than having him claim it after. That's too bad.

 

[itsmyid]

So does that mean that I am totally barred from ancestry citizenship? Or simply from applying through him alone?

There’s no ancestry citizenship - the term is more commonly known as citizenship by descent ， and under the new law only the first generation born outside are eligible

 

[scylla]

Ah, fair enough. I read that one can apply through grandparents but I suppose that's only if my father was a citizen at the time of my birth rather than having him claim it after. That's too bad.

Correct.

 

[mega_option101]

Ah, fair enough. I read that one can apply through grandparents but I suppose that's only if my father was a citizen at the time of my birth rather than having him claim it after. That's too bad.

The issue is more about what your grandmother was doing at the time of your father's birth, than it is about whether or not your father had Canadian citizenship at the time of your birth. For instance, I was born abroad to two Canadians (this makes me first generation born abroad - I am Canadian by descent). My child was subsequently also born abroad (this makes my child second generation born abroad - not Canadian by descent); however, since my father at the time of my birth abroad was a crown servant, I was able to prove this which led to my child receiving Canadian citizenship under Bill C-24.

I hope this makes sense

 

[zardoz]

The issue is more about what your grandmother was doing at the time of your father's birth, than it is about whether or not your father had Canadian citizenship at the time of your birth. For instance, I was born abroad to two Canadians (this makes me first generation born abroad - I am Canadian by descent). My child was subsequently also born abroad (this makes my child second generation born abroad - not Canadian by descent); however, since my father at the time of my birth abroad was a crown servant, I was able to prove this which led to my child receiving Canadian citizenship under Bill C-24.

I hope this makes sense

The "crown servant" bit effectively allows a very significant loophole for a single generation. However these are very niche cases.

 

[alphazip]

The OP said his grandmother was a "Crown subject," not "Crown servant." If born in Canada in 1941, she would have been a British subject at birth, and become a Canadian citizen in 1947. I think the OP is simply using a rather outdated term ("Crown subject") to mean that she is Canadian.

Because only fathers could pass citizenship to their children born abroad in wedlock before 1977, even if the OP's grandmother had wanted to register her son's birth in 1972, it would not have been possible. The OP's father could have applied for a facilitated grant* of citizenship between 1977 and 2004, and if he had done so before the OP was born in 1998, the OP would now be a Canadian citizen. However, he says his father never applied for Canadian citizenship. That being the case, the OP did not inherit Canadian citizenship from his father (who IS now a Canadian), because he is the 2nd generation born abroad.

See "Facilitated grant of citizenship under Paragraph 5(2)(b)" here: 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

 

[SparkleValley]

My grandmother was born in Canada. My mother was born in the US. My mother never did anything formal regarding Canadian citizenship (registry, etc.). I was born in 1978. Am I eligible to become a Canadian citizen? What about my spouse? Spouse and I are both US citizens.

 

[scylla]

My grandmother was born in Canada. My mother was born in the US. My mother never did anything formal regarding Canadian citizenship (registry, etc.). I was born in 1978. Am I eligible to become a Canadian citizen? What about my spouse? Spouse and I are both US citizens.

Your mother is eligible. Unfortunately you are not.