Another 2nd Gen Question

[MissingOttawa]

My father is a Canadian born citizen who emigrated to the US in 1964. I was born in the US in 1966 and at the time was "registered born abroad" and I am told the appropriate paper work was filed in Canada however that documentation was lost some time ago. In 2013 I applied for "proof of citizenship" and received my certificate in early 2015. The effective date on the certificate is 1966. I have two children ages 22 and 20 who were born in the US in 1997 and 1999 respectively. Are they 1st or 2nd generation and would they not be Canadian Citizens?

When I received my certificate there was a statement enclosed stating " You are a Canadian citizen who was born outside Canada before April 17, 2009 to a Canadian citizen. That means you obtained Canadian Citizenship as a person who had a Canadian citizen parent at the time of your birth". Presumably this would make me the 1st generation born outside Canada and my kids the 2nd.

However, in 1997 and 1999 where not my kids automatically Canadian citizens based on the law in effect at that time?

Also it seems that my registration born abroad does not make a significant difference when it comes to my status but it seems like it might when it comes to theirs. When I sent in my application, I specifically stated I was requesting proof of citizenship base on that earlier registration and was seeking a record search for that registration back in 1966. This seemed to get ignored with no deliberate response. Is that something that would be worth digging further into and would it likely make a difference in my kids case.

They are both interested in returning to Canada.

Thank you for any insight.

S

 

[PMM]

HI

My father is a Canadian born citizen who emigrated to the US in 1964. I was born in the US in 1966 and at the time was "registered born abroad" and I am told the appropriate paper work was filed in Canada however that documentation was lost some time ago. In 2013 I applied for "proof of citizenship" and received my certificate in early 2015. The effective date on the certificate is 1966. I have two children ages 22 and 20 who were born in the US in 1997 and 1999 respectively. Are they 1st or 2nd generation and would they not be Canadian Citizens?

When I received my certificate there was a statement enclosed stating " You are a Canadian citizen who was born outside Canada before April 17, 2009 to a Canadian citizen. That means you obtained Canadian Citizenship as a person who had a Canadian citizen parent at the time of your birth". Presumably this would make me the 1st generation born outside Canada and my kids the 2nd.

However, in 1997 and 1999 where not my kids automatically Canadian citizens based on the law in effect at that time?

Also it seems that my registration born abroad does not make a significant difference when it comes to my status but it seems like it might when it comes to theirs. When I sent in my application, I specifically stated I was requesting proof of citizenship base on that earlier registration and was seeking a record search for that registration back in 1966. This seemed to get ignored with no deliberate response. Is that something that would be worth digging further into and would it likely make a difference in my kids case.

They are both interested in returning to Canada.

Thank you for any insight.

S

1. If you use the "Am I a Canadian?" https://na1se.voxco.com/SE/default.aspx
2. It would appear that both your children have a claim to citizenship.

 

[hawk39]

Also it seems that my registration born abroad does not make a significant difference when it comes to my status but it seems like it might when it comes to theirs. When I sent in my application, I specifically stated I was requesting proof of citizenship base on that earlier registration and was seeking a record search for that registration back in 1966. This seemed to get ignored with no deliberate response. Is that something that would be worth digging further into and would it likely make a difference in my kids case.

Yes it would be worth digging into because it would determine their eligibility. To IRCC, applying for a certificate and seeking a record search are two different processes that you have to apply for separately. There is a space on the application form where you are to explain why you are seeking a search, so I would say this is where you would ask if you got your citizenship from registration abroad in 1966.

My father is a Canadian born citizen who emigrated to the US in 1964. I was born in the US in 1966 and at the time was "registered born abroad" and I am told the appropriate paper work was filed in Canada however that documentation was lost some time ago. In 2013 I applied for "proof of citizenship" and received my certificate in early 2015. The effective date on the certificate is 1966. I have two children ages 22 and 20 who were born in the US in 1997 and 1999 respectively. Are they 1st or 2nd generation and would they not be Canadian Citizens?

They are considered second generation today, but their eligibility would be based on how IRCC determined your citizenship was derived from.

However, in 1997 and 1999 where not my kids automatically Canadian citizens based on the law in effect at that time?

If you can determine that your birth was registered in 1966, then yes, this would be how your children would be eligible for citizenship today.

When I received my certificate there was a statement enclosed stating " You are a Canadian citizen who was born outside Canada before April 17, 2009 to a Canadian citizen. That means you obtained Canadian Citizenship as a person who had a Canadian citizen parent at the time of your birth". Presumably this would make me the 1st generation born outside Canada and my kids the 2nd.

When I received my citizenship certificate, I also received a letter with the subject line "Important information about the Citizenship Act and children born outside Canada" that details the generation limit and explicitly states that "any child born to you outside Canada is/will not be a Canadian citizen by descent at birth". I do not know if they include this letter with every certificate they send out to citizens by descent regardless of how citizenship was derived, because one of the exceptions that is listed is if "the child was a Canadian citizen prior to April 17, 2009", which would apply to your children if your birth was registered.