Hello, could anyone answer a question I have about my citizenship? My father was born in Ontario, Canada in 1931. He came with his mother and adopted father to Detroit, U.S.A. as a child. I don't know if he officially became a American citizen. He married my American Mother. I know he never renounced his Canadian citizenship. I was born in the U.S. in 1961. Am I, and are my children, (born 1998 and 2000) Canadian citizens?? I cannot talk to anyone that knows 100% for sure if I am or my children could be.
Am I Canadian?
- Thread starter courcoozi
- Start date
This is from the Canadian government website FAQ:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=365&t=5
I am Canadian. My children were born outside Canada. Are they Canadian?
On April 17, 2009, the rules changed for people born outside Canada. Children born to Canadian parents while the parent are outside Canada will only be Canadian at birth if:
one parent was born in Canada, or
one parent became a Canadian citizen by immigrating to Canada and was later granted citizenship (also called naturalization).
There is an exception to this rule. It does not apply to children born outside Canada in the second or subsequent generation if, at the time of their birth, their Canadian parent is working outside Canada as an employee of the Canadian government or a Canadian province or territory, or serving outside Canada with the Canadian Forces.
If you are unsure of your children’s citizenship, you may wish to consult the online self assessment tool, Am I a Canadian Citizen? This tool helps individuals determine whether they are Canadian citizens.
If required, you can apply for a proof of citizenship or a grant of citizenship under the adoption provision.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=365&t=5
I am Canadian. My children were born outside Canada. Are they Canadian?
On April 17, 2009, the rules changed for people born outside Canada. Children born to Canadian parents while the parent are outside Canada will only be Canadian at birth if:
one parent was born in Canada, or
one parent became a Canadian citizen by immigrating to Canada and was later granted citizenship (also called naturalization).
There is an exception to this rule. It does not apply to children born outside Canada in the second or subsequent generation if, at the time of their birth, their Canadian parent is working outside Canada as an employee of the Canadian government or a Canadian province or territory, or serving outside Canada with the Canadian Forces.
If you are unsure of your children’s citizenship, you may wish to consult the online self assessment tool, Am I a Canadian Citizen? This tool helps individuals determine whether they are Canadian citizens.
If required, you can apply for a proof of citizenship or a grant of citizenship under the adoption provision.
You can also take the following quiz for both yourself and your children:
http://www.cic.gc.ca/english/citizenship/rules/tool_04.asp
You are a Canadian citizen but there's a good chance your children are not.
http://www.cic.gc.ca/english/citizenship/rules/tool_04.asp
You are a Canadian citizen but there's a good chance your children are not.
Actually, scylla, the citizenship law that would affect his children wasn't in place until after 2009, so his kids are probably Canadian. For his kids specific situation, the calculator/quiz literally gives the answer:
"Based on the information you provided, we are not able to assess your citizenship status at this time."
courcoozi, the laws have changed a lot recently, so you really need to contact a Canadian embassy to get it all worked out.. You are probably a canadian citizen though.
"Based on the information you provided, we are not able to assess your citizenship status at this time."
courcoozi, the laws have changed a lot recently, so you really need to contact a Canadian embassy to get it all worked out.. You are probably a canadian citizen though.
Thank you all! Actually I am female, Christy is my name. I thought perhaps I must be Canadian. I can't believe I could be. I wish I had known years ago. I would have spent much more time in the beautiful country. And my deceased husband that always jokingly teased me when I would say (ehh?) so much like my Dad, would have loved to have known this too.I have sent in for my fathers birth certificate now. I hope I did it correctly. Then if I get it I will see if I am eligible for a certificate for proof of citizenship. I hope to go to the places my Dad and Grandparents where born and farmed. Again, thanks for your kindness.
courcoozi said:
Before you be a Canadian citizen, your Father's citizenship has to be confirmed by CIC. There is a law that if your Father or Grand parent whether became citizen of another country before 1947? if the answer is NO then law says your Father was a Canadian citizen, if the answer is YES, then law says, you have to apply 1st to get the proof of his citizenship.
Once your Father citizenship proof is obtained then you are a Canadian citizen based on following factors:
You have not renounced your Canadian citizenship - If No
Your citizenship was never revoked for fraud - If No
You were born outside Canada - If Yes
You were not granted Canadian citizenship on or after January 1, 1947 - If No
You were born between January 1st, 1947, and February 14, 1977, and at least one of your parents was a Canadian
citizen at the time of your birth - If yes
As for your children, they are Canadian citizen if you were already a Canadian citizen before the new law came in effect on April 17,2009. But if you became citizen after the new law then they are not Canadian citizen. In your case, you have to determine whether you were a citizen before April, 2009 or not.
So the best option will be to check with CIC for the step by step process to follow..
I think most likely your father did not loose his Canadian citizenship even he accepted US citizenship. Most probably you were also Canadian citizen before 2009 and thus your children also may be Canadian citizen. I would suggest you to visit your nearest Citizenship office to discuss the matter with an officer to follow all the procedures.courcoozi said:
This is exactly the topic I was looking for! 
But, now for something a little different.
I have an ancestor, David Ferguson who immigrated to Canada in 1837, thirty years before Canada became a country. He lived most of his life in Canada, was married and had five children in Canada. My direct descendent, John Wilton Ferguson was born in Sheene, Ontario, a now extinct community. David and John both eventually immigrated to the United States; however, my lawyer thinks that I can apply to become a Canadian citizen through my great, great, great grandfather, especially because his immigration happened before Canada was a country and my direct descendent was born in Canada. Do you believe this to be true?
But, now for something a little different.
I have an ancestor, David Ferguson who immigrated to Canada in 1837, thirty years before Canada became a country. He lived most of his life in Canada, was married and had five children in Canada. My direct descendent, John Wilton Ferguson was born in Sheene, Ontario, a now extinct community. David and John both eventually immigrated to the United States; however, my lawyer thinks that I can apply to become a Canadian citizen through my great, great, great grandfather, especially because his immigration happened before Canada was a country and my direct descendent was born in Canada. Do you believe this to be true?
courcoozi said:
If your father became a U.S. citizen as a child (before 1947), he would have lost his British subject status (Canadian citizenship did not exist until 1947) at that time. If so, he would not have become a Canadian citizen in 1947 and, therefore, could not have passed citizenship on to you. If he did NOT become a U.S. citizen before 1947, he would have become Canadian in 1947, but lost Canadian citizenship if he ever did become a U.S. citizen before 1977. Dual citizenship was not allowed before that year. Even if your father was a Canadian citizen, your birth in the U.S. would have had to be registered at the Canadian consulate for you to have acquired Canadian citizenship BEFORE 2009 and passed it on to your children. (Or, you could have made a delayed registration of birth abroad up until 2004.) As of 2009, the children of Canadian citizens who were born abroad in the first generation gained Canadian citizenship. However, this did not include people who never were Canadian citizens (because they lost their British subject status before 1947). With the passing of Bill C-24 this year, Canadian citizenship was given to people who were born in Canada, but who did not become citizens in 1947, and to their children. All of this is to say that you are now a Canadian citizen (either as of 2009 or as of this year), but your children are not.
CMacFergus said:This is exactly the topic I was looking for!
But, now for something a little different.
I have an ancestor, David Ferguson who immigrated to Canada in 1837, thirty years before Canada became a country. He lived most of his life in Canada, was married and had five children in Canada. My direct descendent, John Wilton Ferguson was born in Sheene, Ontario, a now extinct community. David and John both eventually immigrated to the United States; however, my lawyer thinks that I can apply to become a Canadian citizen through my great, great, great grandfather, especially because his immigration happened before Canada was a country and my direct descendent was born in Canada. Do you believe this to be true?
Nope - I don't agree with your lawyer at all.
CMacFergus said:This is exactly the topic I was looking for!
But, now for something a little different.
I have an ancestor, David Ferguson who immigrated to Canada in 1837, thirty years before Canada became a country. He lived most of his life in Canada, was married and had five children in Canada. My direct descendent, John Wilton Ferguson was born in Sheene, Ontario, a now extinct community. David and John both eventually immigrated to the United States; however, my lawyer thinks that I can apply to become a Canadian citizen through my great, great, great grandfather, especially because his immigration happened before Canada was a country and my direct descendent was born in Canada. Do you believe this to be true?
No. The Canadian Citizenship Act (1946) set out exactly who became a Canadian citizen on January 1, 1947. In addition to people born in Canada, and other British subjects resident in Canada, children born outside Canada to a Canadian father (not grandfather, great-grandfather, etc.) became Canadian citizens (the latter, only if their births were registered). Later, this definition was expanded to include the children of Canadian mothers, but still not to additional generations in the past.
If anyone with a Canadian-born ancestor could claim Canadian citizenship, it would include millions of Americans.
CMacFergus said:This is exactly the topic I was looking for!
But, now for something a little different.
I have an ancestor, David Ferguson who immigrated to Canada in 1837, thirty years before Canada became a country. He lived most of his life in Canada, was married and had five children in Canada. My direct descendent, John Wilton Ferguson was born in Sheene, Ontario, a now extinct community. David and John both eventually immigrated to the United States; however, my lawyer thinks that I can apply to become a Canadian citizen through my great, great, great grandfather, especially because his immigration happened before Canada was a country and my direct descendent was born in Canada. Do you believe this to be true?
Your lawyer is an idiot. No one can claim Canadian citizenship through a great, great grandparent.
Also, the word "descendent" refers to those born in your line AFTER you, i.e. your children, grandchildren etc.
canuck_in_uk said:
With all do respect, please don't call my lawyer and idiot. That's rude and unprofessional.
Now, with that aside, I would like to double check against another website, which says:
"A new law amending the Citizenship Act will come into effect on April 17, 2009. The new law will give Canadian citizenship to certain people who lost it and to others who will be recognized as citizens for the first time... The law restores citizenship to people who: became citizens when the first citizenship act took effect on January 1, 1947, including people born in Canada prior to 1947 and war brides. It also applies to other British subjects who had lived in Canada for at least five years before 1947, became citizens on January 1, 1947, and who then lost citizenship."
Now, I take that to mean that my great, great, great grandfather, who was a British Subject that moved to a British territory that eventually became Canada, not only maintained his subject status, but also gave me the opportunity to apply for Canadian citizenship via descent. I would post the link in my reply, but I am being told I am not allowed to post links in this thread. Nonetheless, is the quote from the website just a misrepresentation of the law? What source are you using to counter my argument?