No birth certificate exists for Canadian father born in 1895. What documents can be substituted?

[FunFriend]

Hello.

I am seeking a canadian citizenship certificate. I was born in US in 1947 and my father was born in New Brunswick in 1895. Even though my father bbecame a naturalized USA citizen in the 1930's, it is my understanding that I am still a citizen of Canada by nature of my fathers birthplace.

In researching I found many documents that "prove" my fathers birthplace and date. These included county birth records, WW1 enlistment papers, 1901 & 1911 census records, and USA border records from 1918.

The birth record is a line recorded in a large book that notes all the births in his county for the year. It has my fathers name, my grandparents name and the birth date recorded on his row. I believe this was the records at the time and birth certificates as we know them were not yet existing.

Also, my personal US (puerto rico) birth certificate lists my fathers birthplace as canada.

What is the best way to proceed submitting a citizen certificate application in light of the non-existent modern birth certificate for my father.

Thank you for the response.

 

[mpsqra]

Hello.

I am seeking a canadian citizenship certificate. I was born in US in 1947 and my father was born in New Brunswick in 1895. Even though my father bbecame a naturalized USA citizen in the 1930's, it is my understanding that I am still a citizen of Canada by nature of my fathers birthplace.

In researching I found many documents that "prove" my fathers birthplace and date. These included county birth records, WW1 enlistment papers, 1901 & 1911 census records, and USA border records from 1918.

The birth record is a line recorded in a large book that notes all the births in his county for the year. It has my fathers name, my grandparents name and the birth date recorded on his row. I believe this was the records at the time and birth certificates as we know them were not yet existing.

Also, my personal US (puerto rico) birth certificate lists my fathers birthplace as canada.

What is the best way to proceed submitting a citizen certificate application in light of the non-existent modern birth certificate for my father.

Thank you for the response.

I think it is not going to be easy.

before 1947, Canadian Citizenship did not exist at all. The status of "Canadian citizen" was first created under the Immigration Act, 1910.

I am not sure if your father was granted the Canadian Citizenship as we know.

You can prove he was born in Canada 1895, but I think that's not entitled him as Canadian, He was British.

I think you should go to an immigration lawyer.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/acquisition-loss/acquisition.html

https://www.bac-lac.gc.ca/eng/discover/immigration/citizenship-naturalization-records/Pages/introduction.aspx

Requests for searches of naturalization/citizenship indexes and records from 1854 to the present should be signed and mailed to:

Immigration, Refugees and Citizenship Canada (IRCC)
Access to Information and Privacy Division
Ottawa, ON K1A 1L1

Please note that the following conditions apply:

• The application for copies of records should indicate that it is being requested under Access to Information. It must be submitted by a Canadian citizen or an individual residing in Canada. For non-citizens, you can hire a freelance researcher to make the request on your behalf. Fee: $5.00, payable to the Receiver General for Canada.
• The request must be accompanied by a signed consent from the person concerned or proof that he/she has been deceased 20 years.

Proof of death can be a copy of a death record, a newspaper obituary or a photograph of the gravestone showing name and death date.

Please note that IRCC requires proof of death regardless of the person’s year of birth.

Your request should include the full name, date and place of birth, and if possible, the Canadian citizenship number or naturalization certificate number.

Important Note: To request a search of your own records for proof of your status or to obtain a citizenship certificate, you must submit an Application for a Search of Citizenship Records or an Application for a Citizenship Certificate to Immigration, Refugees and Citizenship Canada.

Many Provincial and Territorial Archives hold records relating to citizenship and naturalization.



http://americanlaw.com/cdncitborn.html

http://americanlaw.com/canadiancitizenshipbirthabroad.html

 

[k.h.p.]

This one will be tough. You can try to request a birth certificate from New Brunswick - they may be able to give you a modern extract of the records. From there, you can try.

However - before 1977, people born in Canada who obtained another citizenship had their Canadian citizenship revoked. Dual citizenship was not recognized.

In 1947, the laws changed in Canada to grant people born in Canada Canadian citizenship, distinct from British citizenship. However, your father had acquired American citizenship in 1930 - meaning he lost British citizenship.

Further:

Persons born before January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador), who did not become Canadian citizens on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador), due to the loss of their British subject status did not acquire Canadian citizenship under the 2009 legislative amendments, nor did their children.

So what you need is some proof somehow that your father became a Canadian citizen on January 1, 1947. However:

In order to acquire Canadian citizenship with the coming into force of the Canadian Citizenship Act on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador), a person had to be a British subject on that date. The Naturalization Act (Local Act) and Naturalization Act (Imperial Act), which came into force on May 22, 1868, and January 1, 1915, respectively, set out who was a British subject. The Local Act and the Imperial Act also contained several provisions for automatic loss of British subject status. For example, loss could occur through naturalization outside Canada for a woman upon or during marriage or as a minor when her parent lost their British subject status. Persons who had not acquired or had lost British subject status under either the Local Act or the Imperial Act therefore did not acquire Canadian citizenship on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador).

Personally, I'm concerned that your father lost British nationality in 1930 with acquisition of American citizenship and thus never became a Canadian. If he took no actions before 2009 to re-obtain Canadian citizenship, he did not re-obtain it, nor did you, in 2009.

 

[mpsqra]

Find an IRCC application package or form
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides.html

Library and Archives Canada
https://www.bac-lac.gc.ca/eng/discover/genealogy/Pages/links-related-research.aspx#d

 

[FunFriend]

Thank you for this. Your help is very much appreciated. I assume Campbell Cohen is a good firm to consult with?

 

[k.h.p.]

Thank you for this. Your help is very much appreciated. I assume Campbell Cohen is a good firm to consult with?

They're kind enough to host this forum!

 

[mpsqra]

Thank you for this. Your help is very much appreciated. I assume Campbell Cohen is a good firm to consult with?

Yes it could be, take your time for your evaluation.

use this general ideas to evaluate any lawyer

Questions to Ask Your Canadian Immigration Lawyer Before You Hire Them

Once you're ready to contact an immigration lawyer, here are some of the questions you should be prepared to ask them.

1) What are Their Credentials?

To become a lawyer in Canada, your lawyer needs to complete 2-4 years of an accredited law program. They should have received a law degree from this school, then they have to complete a period of articling, a bar admission course, a bar exam. On top of that, they must have a license to practice in the province where they are working.

If your lawyer does not meet all those requirements, you should seek counsel with someone else.

When you're selecting your lawyer, it doesn't really matter where in the country they practice law. They can be from any province, but choosing a lawyer who practices near you is a good rule of thumb.

The only place where you need to hire a specific lawyer is in Quebec. Because Quebec has its own immigration policy, your lawyer must practice law in Quebec.

2) How Long Have They Been Practicing?

As a client, you want a Canadian immigration lawyer who has at least 10 years of experience. Ideally, all ten of these years should be in immigration law. Don't hire anyone with under five years of immigration law experience.

If your lawyer is working at a large firm, ask them how long they've been working with the firm and what their experience has been. You'll want to work with a firm that has a good reputation for treating their clients well and winning cases.

3) Have They Handled Cases Like Yours?

Experience as a lawyer is important, but so is experience with cases like yours. You want to know that your lawyer has the information they need to help you all ready to go.

For example, if you are a divorced mother with a child in joint-custody, you'll want a lawyer experienced in immigration law as well as family law. Keep in mind that the family laws in your country of origin might be different than in Canada.

Similarly, a Canadian immigration lawyer who's had several clients from your home country will be aware of what cultural and legal matters are in play with your visa. Nothing will be able to take them by surprise.

4) Ask Them Frankly If They Think Your Case Will Be Successful

An experienced lawyer will be able to recall their years of law practice and give you a thoughtful answer. They might even be able to recall specific examples of cases where your situation applies.

However, don't expect a definite "yes" or "no" from your lawyer. If you were dealing with definite answers, you probably wouldn't have contacted them in the first place. Still, expect them to remain hopeful and helpful. They're experts in this field.

5) Ask Who Specifically Will Be Representing You

If you're working with a law firm, then there's a slight chance that the lawyer you're speaking to is not the one who will represent you. If that is the case, then feel free to ask to meet with the person representing you. Don't be afraid to ask them all the same questions you've already asked.

If you're uncomfortable with the person you've met, then ask the original lawyer for another recommendation. You may also ask members of the immigration community for more recommendations.

Remember, just because you aren't a citizen of Canada yet doesn't mean you're trapped. You're the one who will be paying your lawyer for their help. You should pay for the person who you trust the most.

6) How Much Will It Cost and How Will They Bill You?

Most lawyers will charge you by the hour, but be sure to read the contract before you sign it. You might be charged for court fees or other expenses.

Your contract should contain a detailed breakdown of payment. Again, read this carefully before you sign anything. If there are any questions, make sure to ask your lawyer to clarify the point. You're paying for everything, so don't before afraid to find out exactly what you're paying for.

Most lawyers will have you pay them or the law firm "in trust." This means that your fees are held in a separate trust account monitored by the Professional Order. If you're not asked to pay "in trust," you should be asking serious questions about the reliability of that law firm.

7) How Frequently Will the Lawyer Contact You?

Immigration applications involve a lengthy process. It can take months to years to process, so you're probably not going to hear from your lawyer very often.

That being said, your lawyer should be open to communication with you. They should be able to answer your questions, phone calls, and e-mails in a timely manner. That doesn't mean they'll be available to you 24 hours a day, seven days a week, but they won't ignore your attempts to contact them either.

Ask your Canadian immigration lawyer about their hours, and what the best way is to contact them. They probably already have a system set up for lawyer-client contacts.

What Do You Do If Your Lawyer Says They Have "Connections"?

If at any point your lawyer tells you that you'll win your case because of their "connections," either in immigration, Refugees and Citizenship Canada, or a particular visa office, run, don't walk, out of that office.

Unlike other countries in the world, the law requires Canadian immigration officials to be impartial without any outside influence. This is to make sure the immigration board runs legally, without any corruption or bribery.

If your lawyer tries to break this law by using their personal influence to win your case, it could ruin you financially and jeopardize your application. It might be tempting to do this but trust the Canadian immigration system. You'll be okay.

Are You In Need of a Canadian Immigration Lawyer?

Remember that while you might not need a Canadian immigration lawyer, having one on your side can be extremely helpful. They are working with you on your case, setting you up for success in the Canadian immigration process.

If you're in the middle of a complicated family situation, are unsure how to proceed, or if your residency has already been denied, then hiring a lawyer can be the best thing you've done.


https://freedomlaw.ca/2018/05/24/8-questions-to-ask-before-hiring-canadian-immigration-lawyers/

http://www.artim.ca/

 

[trk1]

Thank you for this. Your help is very much appreciated. I assume Campbell Cohen is a good firm to consult with?

I guess the first step is to start with this..

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/search-records.html

 

[mpsqra]

Is there a reason you are pursuing citizenship at your age before you spend a bunch of money on lawyers?

this question is very descriminatory
https://www.chrc-ccdp.gc.ca/eng/content/preventing-discrimination
https://laws-lois.justice.gc.ca/eng/acts/h-6/fulltext.html

Purpose of Act
Purpose

2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

 

[scylla]

This is a job for @hawk39

 

[hawk39]

The birth record is a line recorded in a large book that notes all the births in his county for the year. It has my fathers name, my grandparents name and the birth date recorded on his row. I believe this was the records at the time and birth certificates as we know them were not yet existing.

If that is the birth record from the county in New Brunswick from where he was born, I think you could just apply for your father's birth certificate as @k.h.p. recommended. The application does not ask for a great amount of detail; just his name, date of birth, place of birth and his parents' names with their birthplaces. You will also need to include your father's death certificate, per the criteria for applying for a deceased person.

 

[hawk39]

Personally, I'm concerned that your father lost British nationality in 1930 with acquisition of American citizenship and thus never became a Canadian. If he took no actions before 2009 to re-obtain Canadian citizenship, he did not re-obtain it, nor did you, in 2009.

People that lost British subject status prior to 1947 or 1949 in Newfoundland were included in 2015, and are in the current Citizenship Act under paragraphs 3(1)(k) through (r). So the OP's father became a retroactive Canadian citizen posthumously in 2015, provided that he had not officially renounced his British subject status, and the OP him/herself became eligible at the same time as the first generation born abroad.

 

[k.h.p.]

People that lost British subject status prior to 1947 or 1949 in Newfoundland were included in 2015, and are in the current Citizenship Act under paragraphs 3(1)(k) through (r). So the OP's father became a retroactive Canadian citizen posthumously in 2015, provided that he had not officially renounced his British subject status, and the OP him/herself became eligible at the same time as the first generation born abroad.

Thank you! I hadn't seen the 2015 summary. Does that include people who lost it due to acquiring a foreign citizenship?

 

[hawk39]

Thank you! I hadn't seen the 2015 summary. Does that include people who lost it due to acquiring a foreign citizenship?

As long as they did not go through the official procedure to renounce their Canadian citizenship to acquire the foreign citizenship, then yes, their Canadian citizenship was restored under 3(1)(f).