Am I Canadian?

[political20]

Hello CanadaVisa users!
I am wondering if I am a Canadian citizen by decent. However, I am now unsure if I am because I have read summaries of the 1947,1977,2009 and 2015 Citizenship Acts and I am unsure how they would affect me. Let me give you a bit of background:

-My grandfather was born in Canada in the 1910's before Canadian citizenship was on the books
-My grandfather immigrated to the US in the 1920-30's and his father naturalized as an American citizen in the same time frame
-My grandfather (with his American wife) gave birth to my mother in 1940
-My mother (and her American husband) gave birth to me in the 1960's
-I gave birth to my children (with my American husband) in the 1990's

Would either my mother, children or I be eligible for Canadian citizenship?

Thank you so much for your help!

 

[links18]

Doubtful. I think that if your great grandfather and grandfather had become aliens before 1947 by naturalizing as Americans, they didn't qualify for Canadian citizenship under the 1947 Act--so your grandfather couldn't pass citizenship onto your mom. Do you know if your grandfather was naturalized as American when your great grandfather did? Was he a minor at the time? At any rate, your mom was born a US citizen and therefore would have been an alien at the adoption of the 1947 Act as well and therefore likely did not become Canadian. Citizenship By Descent is complex and therefore you may want to get a professional opinion....

 

[alphazip]

Your grandfather was a British subject at birth, but he lost that status when he became a U.S. citizen through his father's naturalization when your grandfather was a minor (under 21). Or, if he wasn't a minor, through his own naturalization before 1947. Therefore, being an alien, your grandfather did not become a Canadian citizen in 1947 and therefore could not pass Canadian citizenship on to his daughter.

However, as of 2015, Canadian citizenship was extended to persons who were born in Canada and did not become Canadian citizens in 1947, and to their children in the first generation. (You are the second generation born abroad.) So, your grandfather (who is likely deceased) and your mother are Canadian citizens. You and your children are not.

http://news.gc.ca/web/article-en.do?crtr.sj1D=&crtr.mnthndVl=12&mthd=advSrch&crtr.dpt1D=6664&nid=832249&crtr.lc1D=&crtr.tp1D=930&crtr.yrStrtVl=2008&crtr.kw=&crtr.dyStrtVl=1&crtr.aud1D=&crtr.mnthStrtVl=1&crtr.page=3&crtr.yrndVl=2014&crtr.dyndVl=31&_ga=1.221695384.1608117812.1421168230

"...Bill C-24 would give Canadian citizenship to individuals who were born or naturalized in Canada...but who were not eligible for Canadian citizenship when the first Canadian Citizenship Act took effect."

"The changes would also retroactively give Canadian citizenship to the children of these “Lost Canadians” who were born abroad in the first generation."

 

[Canadiandesi2006]

Hello CanadaVisa users!
I am wondering if I am a Canadian citizen by decent. However, I am now unsure if I am because I have read summaries of the 1947,1977,2009 and 2015 Citizenship Acts and I am unsure how they would affect me. Let me give you a bit of background:

-My grandfather was born in Canada in the 1910's before Canadian citizenship was on the books
-My grandfather immigrated to the US in the 1920-30's and his father naturalized as an American citizen in the same time frame
-My grandfather (with his American wife) gave birth to my mother in 1940
-My mother (and her American husband) gave birth to me in the 1960's
-I gave birth to my children (with my American husband) in the 1990's

Would either my mother, children or I be eligible for Canadian citizenship?

Thank you so much for your help!

With due respect, I strongly recommend you consult with CIC officials with all available documents for confirmation.

The forum readers may share their personal opinions which may NOT necessarily be the CIC's official policy.

Consider contacting your MP's office and let your MP's office send a petition to CIC on your behalf with all the supporting documents. That way be assured to an official response from CIC.

Dont try to approach the CIC on your own, you may NEVER get any response or would take for ever.

Wish you all the best.

 

[alphazip]

With due respect, I strongly recommend you consult with CIC officials with all available documents for confirmation.

The forum readers may share their personal opinions which may NOT necessarily be the CIC's official policy.

Consider contacting your MP's office and let your MP's office send a petition to CIC on your behalf with all the supporting documents. That way be assured to an official response from CIC.

Dont try to approach the CIC on your own, you may NEVER get any response or would take for ever.

Wish you all the best.

The OP is an American, so would not have an MP. In any case, the correct procedure to get an official response is to apply for a citizenship certificate. It would take a while (months) and cost $75, but CIC would not ignore her application. More here: http://www.cic.gc.ca/english/information/applications/guides/CIT0001ETOC.asp

 

[scylla]

The OP is an American, so would not have an MP. In any case, the correct procedure to get an official response is to apply for a citizenship certificate. It would take a while (months) and cost $75, but CIC would not ignore her application. More here: http://www.cic.gc.ca/english/information/applications/guides/CIT0001ETOC.asp

100% agreed. An MP can't help at all in this situation. The OP either qualifies for citizenship or not and the MP can't change this. Submitting the application to CIC will determine if the OP has any claim to citizenship. No point involving the MP.

 

[Shortie]

The forum readers may share their personal opinions which may NOT necessarily be the CIC's official

An amusing comment from someone who consistently gives out bad advice based on their own personal opinion

 

[links18]

An amusing comment from someone who consistently gives out bad advice based on their own personal opinion

Indeed. If OP wants to be Canadian they should contact a skilled lawyer who would look at every angle to see if there is any possible claim to citizenship. That will cost alot more than $70 though.

 

[nope]

With due respect, I strongly recommend you consult with CIC officials with all available documents for confirmation.

The forum readers may share their personal opinions which may NOT necessarily be the CIC's official policy.

Consider contacting your MP's office and let your MP's office send a petition to CIC on your behalf with all the supporting documents. That way be assured to an official response from CIC.

Dont try to approach the CIC on your own, you may NEVER get any response or would take for ever.

Wish you all the best.

I've found, when reading your answers to other people's questions, that the parts in bold tend to be wrong -- it's nice of you to make them stand out like that.

 

[alphazip]

Indeed. If OP wants to be Canadian they should contact a skilled lawyer who would look at every angle to see if there is any possible claim to citizenship. That will cost alot more than $70 though.

Yes, it would cost much more to consult with a lawyer than to apply for a citizenship certificate, and what would be the benefit? Let's assume that a lawyer thinks the OP has a good case for citizenship by descent. Would the lawyer just ring up CIC and have them issue her a citizenship certificate? No. She would have to apply for a certificate just the same. So, why not do it first? Then, if she were refused (and I think she would be), she would only be out $75. At that point, she could decide whether to consult with a lawyer, and, if the lawyer thinks she has a good case, contest CIC's decision in court (costing many thousands).

This particular case is not that unusual: a person born in the second generation seeks citizenship, but it is precluded by the restriction (to 1st generation) imposed by the 2009 law. Your opinion above ("Doubtful...") is correct. All that you forgot is Bill-C24, which in 2015 gave citizenship to persons born in Canada who did not become citizens in 1947 (the OP's grandfather) and their children in the 1st generation (the OP's mother). All CIC can do is apply the law as written, and the law did not allow an alien (non-British subject) to become a Canadian citizen in 1947. It also would not have allowed the OP's birth to be registered in the 1960s (remember...that was a requirement before 1977) even if her mother WAS a Canadian citizen, because mothers could not pass citizenship on to their children (born in wedlock). Therefore, the OP could not have been a Canadian citizen before the 2009 restriction on citizenship by descent went into effect. There are just too many impediments to get over for the OP to claim Canadian citizenship.

 

[Canadiandesi2006]

I've found, when reading your answers to other people's questions, that the parts in bold tend to be wrong -- it's nice of you to make them stand out like that.

What's your problem ??? I mentioned that CIC is not prompt in responding to individuals, so suggested to seek your area MP to get prompt reply.

I know MP's does NOT have any authority even to expedite the process of their own constituents leave alone who is NOT sure about his/her status.

Yes, I uses the bold to stress that point, why you are getting offended by my comments ???

 

[Canadiandesi2006]

An amusing comment from someone who consistently gives out bad advice based on their own personal opinion

Reading regularly for last 4 years on this forum, when applications are processed as "Non-Routine", though the CIC says it take 36 months to process but it dragged them well over 4 years.

Historically, CIC drags such cases to hearing with the Citizenship Judge, who eventually rejects on eligibility criteria, ignoring all other factors. Do you think, knowing that very well and let someone waste his/her years just waiting ? At least, my conscious does not allow that.

Please read all old comments from year 2012 onward, how candidates were made to wait some of them well over 5 years without any updates and then rejected them. If these candidates were informed in time, would have withdrawn and re-applied long time back.

I suggested if eligible under the new rules, they can consider withdrawing previous application and re-apply to get it in 8 months.

Do you think, its bad advise ??? What would you have suggested, wait endlessly, get rejected and then re-apply ???

 

[nope]

What's your problem ??? I mentioned that CIC is not prompt in responding to individuals, so suggested to seek your area MP to get prompt reply.

I know MP's does NOT have any authority even to expedite the process of their own constituents leave alone who is NOT sure about his/her status.

Yes, I uses the bold to stress that point, why you are getting offended by my comments ???

Well, when you give general advice, it's either useless, obvious, or a waste of time; and when you give specific advice, it's wrong. I'm not offended by your comments, I'm warning the OP not to listen to you. Either learn more about Canadian immigration or get a grip on your own limitations, confidence without knowledge is a terrible combination.

 

[Ilhamuni]

Hi! Am married to a canadian men and am Tanzanian we had a baby he is now 3month we want to apply for his citizenship what should we do?

 

[scylla]

Reading regularly for last 4 years on this forum, when applications are processed as "Non-Routine", though the CIC says it take 36 months to process but it dragged them well over 4 years.

Historically, CIC drags such cases to hearing with the Citizenship Judge, who eventually rejects on eligibility criteria, ignoring all other factors. Do you think, knowing that very well and let someone waste his/her years just waiting ? At least, my conscious does not allow that.

Please read all old comments from year 2012 onward, how candidates were made to wait some of them well over 5 years without any updates and then rejected them. If these candidates were informed in time, would have withdrawn and re-applied long time back.

I suggested if eligible under the new rules, they can consider withdrawing previous application and re-apply to get it in 8 months.

Do you think, its bad advise ??? What would you have suggested, wait endlessly, get rejected and then re-apply ???

Looks like you need to spend a lot more time reading. Non-routine CITIZENSHIP APPLICATIONS can take 36+ months. This is not a citizenship application. Citizenship applications are submitted by permanent residents who want to become citizens. People who want to determine if they are already citizens submit CITIZENSHIP CERTIFICATE APPLICATIONS. Totally different process. Totally different processing times. Your advice is wrong and doesn't apply.