2nd Generation - Citizens?

[alphazip]

Technically you were born Canadian by birth regardless of when you got your citizenship certificate. If you look closely to your certificate, it would say Canadian since "date", your birth date. So since you are canadian at your birth date according to certificate, you were canadian at the time of your son's birth. It shouldnt matter when you gotten proof, you were canadian all along. And since he was born before the new 2009 rule, he should have gotten canadian citizenship. I think CIC seriously dropped the ball on this.

Wrong! If a person born abroad in the 1st generation became a Canadian citizen on April 17, 2009 (and not before) that does not allow him/her to pass citizenship to children born abroad, even if born before 2009. CIC interpreted the 2009 changes to the Citizenship Act correctly in this case.

See: http://www.cic.gc.ca/english/citizenship/rules_2009.asp

"In 2009, you did not become a Canadian citizen if you:

• were born outside Canada to a Canadian parent, were not already a Canadian citizen or you had lost your citizenship in the past, and you were born in the second or subsequent generation (this includes people who failed to retain citizenship)."

 

[screech339]

Wrong! If a person born abroad in the 1st generation became a Canadian citizen on April 17, 2009 (and not before) that does not allow him/her to pass citizenship to children born abroad, even if born before 2009. CIC interpreted the 2009 changes to the Citizenship Act correctly in this case.

See: http://www.cic.gc.ca/english/citizenship/rules_2009.asp

"In 2009, you did not become a Canadian citizen if you:

• were born outside Canada to a Canadian parent, were not already a Canadian citizen or you had lost your citizenship in the past, and you were born in the second or subsequent generation (this includes people who failed to retain citizenship)."

Would you please explain how saria got her citizenship under the 2009 law please.

Like I said in last post when saria cleared it up better, she wasnt canadian at the time of her son's birth thus still cannot pass on citizenship because she never had it at the time. Either her father didnt registered her birth to canadian authorities or she failed to retain her citizenship. However since saria got it citizenship by 2009 law, sounds like her father didnt registered her as canadian. If she failed to retain citizenship by 28 if her father did registered her, she still didnt get citizenship. The law change as you pointed out, you are not canadian if you fail to retain by 28.

 

[screech339]

Alphazip:

I am aware of the rules. I just keep forgetting about the registering Canadian born abroad part that was under the earlier older rules.

The key rule is whether you had citizenship at time of children's birth. Since saria gotten her citizenship as of april 2009 which I wasn't aware of until she cleared it up, she didn't have canadian citizenship to pass on to her children whether they were born before april 2009 or not.

 

[alphazip]

Would you please explain how saria got her citizenship under the 2009 law please.

As I understand it, Saria was born in the U.S. to a Canadian-citizen father. For whatever reason (something her father did or failed to do, or something she failed to do), Saria was not a Canadian citizen until April 17, 2009. On that date, she became a Canadian citizen retroactive to her birth, but at that same moment, the restriction on inheritance of citizenship to the 1st generation born abroad went into effect. Therefore, that restriction cancelled out the retroactivity that would have otherwise given citizenship to her son, who was born in 2008. That is the thing some people don't understand.

Again, it just isn't as simple as saying that the 1st-generation-only restriction doesn't apply to those born before 2009. Yes, that's an important part of it, but there are many other factors that have to be taken into account.

 

[Selenam]

Hello i'm confused by the changes in this law.
I was born in Haiti in 1998, I'm 17 my father was a naturalized Canadian born in Germany. he naturalized in 1960.
He did not have time to register me with the Canadian Consulate and passed away one month after i was born.
I asked the consulate and they seem confused, probably the agent that i talked to doesnt really understand the changes on the law.
Am i eligible for Canadian Citizenship at this point?

Please help me

 

[screech339]

Hello i'm confused by the changes in this law.
I was born in Haiti in 1998, I'm 17 my father was a naturalized Canadian born in Germany. he naturalized in 1960.
He did not have time to register me with the Canadian Consulate and passed away one month after i was born.
I asked the consulate and they seem confused, probably the agent that i talked to doesnt really understand the changes on the law.
Am i eligible for Canadian Citizenship at this point?

Please help me

Since your father was a naturalized Canadian at the time of your birth, you have Canadian citizenship by descent. I dont think your birth had to be registered with Canadian authorities since you were born long after that requirement was removed.

You just have to submit your father's citizenship record and your birth certificate showing that he is your father. Just fill out proof of canadian citizenship application and submit required documents.

 

[alphazip]

Hello i'm confused by the changes in this law.
I was born in Haiti in 1998, I'm 17 my father was a naturalized Canadian born in Germany. he naturalized in 1960.
He did not have time to register me with the Canadian Consulate and passed away one month after i was born.
I asked the consulate and they seem confused, probably the agent that i talked to doesnt really understand the changes on the law.
Am i eligible for Canadian Citizenship at this point?

Please help me

There used to be a rule that a naturalized citizen of Canada could lose citizenship if absent from Canada for a long period of time. Since you were born in Haiti, your father apparently was outside of Canada, but it isn't clear when or for how long. Did he move from Canada before 1977? Here's the form and instructions to apply for proof of citizenship: http://www.cic.gc.ca/english/information/applications/certif.asp

 

[Selenam]

this what is got me confused. My father was born in Germany and naturalized Canadian in 1960. I was born in Haiti in 1998 and only this year i want to apply for canadian citizenship. i'm second generation born abroad

Amendments to the Citizenship Act limit citizenship by descent

On April 17, 2009, the rules for Canadian citizenship changed for persons born outside Canada to Canadian parents and who were not already Canadian citizens when the rules changed.

These rules did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect.

Canadian citizenship by birth outside Canada to a Canadian citizen parent (citizenship by descent) is now limited to the first generation born outside Canada.

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if:

their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada), or
their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada)
unless their Canadian parent or grandparent was employed as described in one of the following exceptions to the first generation limit.

 

[screech339]

this what is got me confused. My father was born in Germany and naturalized Canadian in 1960. I was born in Haiti in 1998 and only this year i want to apply for canadian citizenship. i'm second generation born abroad

Amendments to the Citizenship Act limit citizenship by descent

On April 17, 2009, the rules for Canadian citizenship changed for persons born outside Canada to Canadian parents and who were not already Canadian citizens when the rules changed.

These rules did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect.

Canadian citizenship by birth outside Canada to a Canadian citizen parent (citizenship by descent) is now limited to the first generation born outside Canada.

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if:

their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada), or
their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada)
unless their Canadian parent or grandparent was employed as described in one of the following exceptions to the first generation limit.

I dont understand why you are confused. Your father is a naturalized Canadian (1st generation), thus able to pass on citizenship to you. You are Canadian by descent thus 2nd generation canadian. As second generation canadian, you will not be able to pass on citizenship to your children. Your children can only get citizenship if born inside Canada or born aboard to other parent (your spouse) who is naturalized Canadian or born in Canada.

 

[Selenam]

Thats the thing it says that because of my naturalized father was born outside canada im second generation...

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if:

their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada), or
their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada)
unless their Canadian parent or grandparent was employed as described in one of the following exceptions to the first generation limit.

 

[alphazip]

Thats the thing it says that because of my naturalized father was born outside canada im second generation...

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if:

their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada), or
their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada)
unless their Canadian parent or grandparent was employed as described in one of the following exceptions to the first generation limit.

That refers to a different type of situation, one where your father would have derived his Canadian citizenship from his father (your grandfather). That is not how your father gained Canadian citizenship, but rather by naturalization. That makes you the first (not second) generation born outside of Canada. You haven't said whether your father moved from Canada before 1977, in which case he could have lost his Canadian citizenship, but I assume he did not, and that you were born to a Canadian citizen. Go here and apply for proof of citizenship: http://www.cic.gc.ca/english/information/applications/certif.asp

 

[Selenam]

Thank you for all the answers. i will apply for proof of citizenship alongside with application for search of records as i dont have my fathers certificate of naturalization. i will inform here of the results.
i only have his death certificate and a copy of his canadian passport
this will be in the application with birth certificate.

 

[screech339]

Thank you for all the answers. i will apply for proof of citizenship alongside with application for search of records as i dont have my fathers certificate of naturalization. i will inform here of the results.
i only have his death certificate and a copy of his canadian passport
this will be in the application with birth certificate.

The application will ask for your father's canadian certificate number. Without this, it will be difficult for you to get proof. The application will want all citizenship / naturalization certificate including your father's as listed in the application under scenario 3 on page 9 of 12. You will need record of your father's naturalization record to go along with the application. Your father's passport doesn't prove that he was a naturalized Canadian at time of your birth. CIC needs that specific date when your father became Canadian to determine whether you are Canadian or not.

 

[Selenam]

Thank you for the answer.
It says that 2 applications can be submitted together to help the other one. in this case im sending both the record search for my fathers certificate of naturalization and proof of citizenship. to complete the process. if not then i have to apply first for search of records wait one year for the procesing time and then apply for proof of citizenship...
Otherwise how can i get my fathers (proof)certificate of naturalization if he died?