Am I Canadian?

[CMacFergus]

If anyone with a Canadian-born ancestor could claim Canadian citizenship, it would include millions of Americans.

No disrespect, but Canada is the 2nd largest geographical country in the world. The largest nation by territory is Russia; however, Canada does not even have a third of Russia's population. Maybe Canada could use a few more people?

 

[alphazip]

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?

Let's just say that your lawyer is ill informed in regard to citizenship law. With rare exception, we can't just pick ancestors many generations in the past and claim citizenship through them. (Some countries, such as Ireland, go back as far as a grandparent.) Please read my earlier post explaining who is and who is not a Canadian citizen. Yes, your g-g-g-grandfather would have been a British subject, but any descendant of his who relocated to the USA and became naturalized as a U.S. citizen before 1947 would have ceased to be a British subject and therefore would never have become a Canadian citizen. I would ordinarily refer you to a tool that used to be on this page (http://www.cic.gc.ca/english/citizenship/rules/index.asp), but it is currently being updated. Still, there is some useful information there.

 

[scylla]

Hope you haven't paid that lawyer! If so, you should ask for your money back. It doesn't sound like he's qualified / familiar enough with Canadian law to be consulting you.

 

[CanV]

No disrespect, but Canada is the 2nd largest geographical country in the world. The largest nation by territory is Russia; however, Canada does not even have a third of Russia's population. Maybe Canada could use a few more people?

No we have enough

 

[alphazip]

"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."

...is the quote from the website just a misrepresentation of the law?

No, it's just that you don't understand what the quote means.

Which specific British-subject ancestor of yours was living in Canada on December 31, 1946 (and had been living there for at least 5 years), and thus became a Canadian citizen on January 1, 1947? Do you have such an ancestor (father, grandfather)? If not, and you only have an ancestor that left Canada in (say) 1899, then you are not included in any Canadian citizenship legislation.

 

[saria1]

I'm just going to say, if you think your entitled to Citizenship through your GGGGGG grandfather, then fill out the form, pay your $75 and wait for your answer.

http://www.cic.gc.ca/english/information/applications/certif.asp

 

[CMacFergus]

Hope you haven't paid that lawyer! If so, you should ask for your money back. It doesn't sound like he's qualified / familiar enough with Canadian law to be consulting you.

Well actually, I use a legal insurance service called Legalshield. It allows me to have any consultation I want with a lawyer for a low monthly fee. The lawyer I was speaking to also advised me to acquire a visitors visa -- business class because I want to open a corporation in British Columbia. I figured that was going to be the more realistic path, but I thought why not travel down another route just in case. Sounds like, however, at one time in Canadian immigration history, you could pass citizenship down from generation to generation. Too bad that changed...

Anyway, thank you for your help.

 

[alphazip]

Sounds like, however, at one time in Canadian immigration history, you could pass citizenship down from generation to generation. Too bad that changed...

Well, considering that Canadian citizenship only came into being in 1947, we're not talking about too many generations. However, yes, before 2009, Canadian citizenship could, under certain conditions, be passed on to several generations of children born outside of Canada. (As of April 17, 2009, it was limited to one generation.) It still wouldn't have worked in your case, though, because, as far as I can tell, you had no ancestor who became a Canadian citizen on January 1, 1947. There are still some citizenships in the world (Italian, for example) that descend endlessly to foreign-born descendants of an Italian ancestor, but those are few and far between.

 

[CMacFergus]

Is there a requirement that the ancestor be paternal or can the ancestor be maternal? 1947 would mean I'd need a parent, grand parent or maybe a great grand parent to have become Canadian, correct?

 

[alphazip]

Is there a requirement that the ancestor be paternal or can the ancestor be maternal? 1947 would mean I'd need a parent, grand parent or maybe a great grand parent to have become Canadian, correct?

The requirement in 1947 was that one's father (not grandfather or great-grandfather) had to be a Canadian citizen for a child born outside Canada to become a Canadian citizen. Not only that, but the child's birth had to be registered with Canadian authorities. Being born to a Canadian mother, let alone grandmother, did not make a person a Canadian citizen (unless the birth was out of wedlock). Of course, things have changed since then, but in your case we're talking about ancestors from generations ago, so we have to go back to the origin of Canadian citizenship. Having an ancestor who was born or lived in Canada is very common for Americans. Here's an article about Madonna and Ellen DeGeneres: http://www.canada.com/entertainment/Madonna+Ellen+DeGeneres+distant+cousins+with+Canadian+roots/2749366/story.html However, neither one of them inherited Canadian citizenship. For that, you need a Canadian parent.

 

[diamondjoe]

Hello Everyone,

My situation is a bit complicated, and I don't know I am a canadian citizen or not?

I was born in Canada in 1990, but none of my parents are canadian. They (my parents) arrived Canada in 1989 and claimed for refugee status. They got a temporary resident visa (or something like this, I dont know the name of the document), and they lived and worked there. After my birth the situation changed in my country, so they moved back, when I was appr 6 months old. They never had a permanent status in Canada.

I have an expired passport, and all the documents from the hospital, but not a legal birth certificate.

Am I canadien?

 

[scylla]

Hello Everyone,

My situation is a bit complicated, and I don't know I am a canadian citizen or not?

I was born in Canada in 1990, but none of my parents are canadian. They (my parents) arrived Canada in 1989 and claimed for refugee status. They got a temporary resident visa (or something like this, I dont know the name of the document), and they lived and worked there. After my birth the situation changed in my country, so they moved back, when I was appr 6 months old. They never had a permanent status in Canada.

I have an expired passport, and all the documents from the hospital, but not a legal birth certificate.

Am I canadien?

Yes - you're Canadian by virtue of being born in Canada.

 

[diamondjoe]

Yes - you're Canadian by virtue of being born in Canada.

Thanks for your answer. Now, I have the next question: How can I prove my citizenship?

I have talked to the Canadien Consulate, but they don't know. They couldn't answer if am I a citizen.

I have no legal documents, only my papers from the hospital. Any idea?

 

[links18]

Thanks for your answer. Now, I have the next question: How can I prove my citizenship?

I have talked to the Canadien Consulate, but they don't know. They couldn't answer if am I a citizen.

I have no legal documents, only my papers from the hospital. Any idea?

Get a copy of your birth certificate and then apply for a Canadian passport?

 

[alphazip]

Get a copy of your birth certificate and then apply for a Canadian passport?

Yes, figure out the province you were born in and apply for your birth certificate from that province (Ontario, for example: https://www.orgforms.gov.on.ca/eForms/start.do). That is your proof of citizenship. If you want to come back to Canada, use your birth certificate to apply for a passport (http://www.cic.gc.ca/english/passport/apply/new/apply-how.asp).