1st & 2nd Generation Canadian Citizen Questions

[alphazip]

So, I was right originally except that the crown service must be active at the birth of the child not the grandchild?

This is something that is so new (2009) that I've never encountered it, but, yes, it appears that the Canadian-citizen grandparent must have been serving Canada (or a province) abroad when that person's child was born...then the child (as an adult) has a child also born abroad. Because of the grandparent's service, the grandchild is Canadian. I guess the thinking must be that since service to Canada took the grandparent abroad, where his/her child was born, the grandchild should not be deprived of Canadian citizenship based on being the 2nd generation born abroad.

 

[alphazip]

The more dig into this the more complex it seems to get as there is some implication that the mothers birth whenever that was needed to be registered not just as UK but also Canada. http://www.cic.gc.ca/english/resources/tools/cit/proof/registration.asp

As has been recommended the mother should just apply as we could all over think this continuosly finding more contradicting documentation in the bowels of the government websites.

Yes, according to the Citizenship Act in effect when the mother was born, her birth would have had to be registered (as I originally pointed out). However, the 2009 changes dispensed with that requirement retroactively. That's why we can say that virtually ANY child of someone born in Canada is now a Canadian citizen. However, if the "grandparent in Crown service" clause were retroactive (which I don't believe it to be), the OP might qualify for citizenship. I don't think any of us (other than the OP) think that he does qualify, but if he's willing to spend $75, he can submit an application and find out for sure.

 

[stickyfingers85]

Thanks again for the advice.

So a little bit more information, not sure if it makes any difference, my Grandfather was born in 1915 and served in Europe for the Canadian forces during the WW2, and then left shortly after the end of the war. My Mother was born in 1951.

I didn't realise that the Gradparent had to be actively serving abroad at the time of my mothers birth. It seems I'm not entitled but I may apply anyway as its only $75 and the rules seem open to interpretation.

My mother will go ahead and apply as I believe she is technically already classed as a Citizen.

 

[links18]

Thanks again for the advice.

So a little bit more information, not sure if it makes any difference, my Grandfather was born in 1915 and served in Europe for the Canadian forces during the WW2, and then left shortly after the end of the war. My Mother was born in 1951.

I didn't realise that the Gradparent had to be actively serving abroad at the time of my mothers birth. It seems I'm not entitled but I may apply anyway as its only $75 and the rules seem open to interpretation.

My mother will go ahead and apply as I believe she is technically already classed as a Citizen.

There is no doubt about your mother's status. She is Canadian already. As for you, it seems unlikely you will qualify, but like you said it only costs $75 to get an official decision.

 

[cempjwi]

Hello

New to this forum but already found it very helpful, but I have a few questions relating to my mother and I being 1st and 2nd generation Canadians born outside Canada. Hope you don't mind.

First, a little background to make it easier:

Grandfather: Canadian Citizen, Born in Canada in the 1910's (don't have exact date to hand), fought in the Canadian Armed Forces abroad (UK, France, Italy).
Grandmother: British Citizen, married my Grandfather in the UK and lived for a time in Canada with him, before eventually moving back to UK with him to settle.

My Uncle: Born in Canada, has duel Canadian and British Citizenship
My Mother: Born in the UK. She has always lived in the UK and never looked into if she was a Canadian Citizen or not

My Sister: Born in UK in 1987
Me: Born in UK in 1985

Now a few questions:

• Is my Mother automatically classed as a Canadian Citizen? Is she entitled to this or does she have to apply? Is she classed as 1st generation born outside?
• I am aware that the new rule states that its only 1st generation, but there appears to be an exception that if the Grandfather was in the armed forces, the 2nd generation is a citizen. Does that mean I am or can apply to be a Canadian Citizen? My sister also.
• If any of us are Canadian, or can apply to be a citizen, are we entitled to a Canadian Passport?
• How do we apply? Are we applying for proof of citizenship only?
• I have been reading the document checklist, but I was confused as to which Scenario my Mother or I would be applying under?
• If my mother is, or can apply to be a Canadian Citizen, can her husband, my father, also apply as the spouse of a Canadian?

Thanks very much in advance for any advice you can give, it really is appreciated.

Andrew

My 2 cents. I hope it sheds a different light.

Based on the facts you have outlined:
Grandfather: Born in Canada in the 1910's
Mother: Born in the UK in 1951
You: Born in UK in 1985

By the Canadian Citizenship Act of 1946 (effective 1947) your grandfather was granted Canadian citizenship (as before that he was only a British subject).

Between 1947 and 1977 citizenship was generally acquired by registration of a child born outside Canada to a Canadian "responsible parent" (being the father, if the child was born in wedlock, or the mother, if the child was born out of wedlock and was residing with the mother, if the father was deceased or if custody of the child had been awarded to the mother by court order). Consequential loss of citizenship could occur on the person's 22nd birthday unless the person had filed a declaration of retention between their 21st and 22nd birthday and renounced any previous nationality they possessed.

Therefore, during that period, your mother was not a Canadian citizen if she was not registered, at least not until 1977, when the Canadian Citizenship Act of 1976 came into force in 1977, and she was able to regain her citizenship automatically to the day of her birth. Special attention must be taken if your grandfather naturalized a UK citizen. If your grandfather naturalized while your mother was still a minor (by Canadian law) then she lost her Canadian citizenship. However, the Canadian Citizenship Act of 1976 could have reinstated it as well.

There seems to be confusion about the first generation limit outlined in the 2009 amendment. Apparently, second-generation born-abroad “Canadians” whose 28th birthday occurred before 17 April 2009 (effective date of the amendment) lost their Canadian citizenship on their 28th birthday if they did not successfully apply to maintain their Canadian citizenship. You were born in 1985, after your first-generation born-abroad mother was reinstated her Canadian citizenship, so she effectively passed onto you before the 2009 amendment took place and you did not lose that citizenship because your 28th birthday did not occur before 2009 (your 28th birthday would have occurred in 2013).

A clear example is given: A child is born in Brazil in 2005 (before the [2009] new rules came in effect) to a Canadian citizen father, who himself is a born abroad citizen by descent, and a Brazilian mother who is only a Permanent Resident of Canada. Child automatically becomes a Canadian citizen at birth. Another child born after 17 April 2009 in the same scenario would not be considered a Canadian citizen.

So, unless anyone knows that the 2009 amendment was retroactive to 1977, indeed you are a Canadian citizen.

For your father, only your mother's sponsorship could make him a Canadian PR (if she can prove she will return to Canada as soon as he becomes a PR). You could also sponsor him if you move to Canada (if you turn out to be a citizen, of course). Granting of immediate Canadian citizenship only existed for foreign women that married a "Canadian" man before 1947 and was a landed immigrant before that year.

 

[alphazip]

Therefore, during that period, your mother was not a Canadian citizen if she was not registered, at least not until 1977, when the Canadian Citizenship Act of 1976 came into force in 1977, and she was able to regain her citizenship automatically to the day of her birth. Special attention must be taken if your grandfather naturalized a UK citizen. If your grandfather naturalized while your mother was still a minor (by Canadian law) then she lost her Canadian citizenship. However, the Canadian Citizenship Act of 1976 could have reinstated it as well.

Sorry, but that's incorrect. The 1976 (effective 1977) Citizenship Act was not retroactive. It didn't suddenly make Canadian citizens of everyone whose births had not been registered or whose citizenship had been lost. There was a temporary (expired in 2004) measure that would have allowed the child of a Canadian citizen father to make a delayed registration of birth abroad, but it does not appear that the OP's mother availed herself of that opportunity. So, the OP was not a Canadian citizen before 2009, when a limitation (to the first generation born abroad) was put on citizenship by descent. For that reason, the OP is not a Canadian citizen.