Born in Canada - Citizen?

[Wheaty879]

Hello my Name is Gordon from Germany. I was born in 1979 in Brandon Manitoba.

My father was a German Soldier in Shilo and was stationed in Shilo from 1977 to 1980. My mother was housewife for this time.

Am I a Canadian citizen?

I have an original Certificate of Birth from the Province of Manitoba!

Thank you for your help!

Best regards

Gordon

 

[Pureminded]

You cannot use your birth certificate as proof of citizenship if you were:
-born in Canada after February 14, 1977, and
-when you were born, your parents were not Canadian citizens or permanent residents, and
-at least one parent had status as a diplomat in Canada.

 

[Wheaty879]

Thanks for the informations.

I had contacted an immigration consulter in Alberta last month. The consulter told me, that I am a Canadian citizen by birth and I do not need to apply for a PR or WP to live and work in Canada. I only have to apply for the passport.

My parents never had a diplomatic status in Canada.

 

[joy4u]

Thanks for the informations.

I had contacted an immigration consulter in Alberta last month. The consulter told me, that I am a Canadian citizen by birth and I do not need to apply for a PR or WP to live and work in Canada. I only have to apply for the passport.

My parents never had a diplomatic status in Canada.

Go through the following link. I afraid you got wrong info on this.
http://www.international.gc.ca/protocol-protocole/circular-note_note-circulaire_xdc-0543.aspx?lang=eng

 

[Wheaty879]

Thank you very much....I know this link already

My parents and all the other German soldiers in Shilo never had a diplomatic status in Canada and they never had any diplomatic privileges or immunities.

The status was governed by an agreement between the Government of Germany Bonn (now Berlin) and the Canadian Government in Ottawa in January 1974. But I can´t find anything about it.

I know that many many German children from German soldiers who were born in Brandon are Canadians and Germans.

 

[boasorte]

Thank you very much....I know this link already

My parents and all the other German soldiers in Shilo never had a diplomatic status in Canada and they never had any diplomatic privileges or immunities.

The status was governed by an agreement between the Government of Germany Bonn (now Berlin) and the Canadian Government in Ottawa in January 1974. But I can´t find anything about it.

I know that many many German children from German soldiers who were born in Brandon are Canadians and Germans.

Well, if you talked to an Immigration Consultant, go with whatever he said. Though, it's always recommended to get a second opinion. Try an immigration lawyer too.

 

[Wheaty879]

I had talked to an immigration consulter last month in Alberta and last weekend with an immigration consulter in Manitoba.

I had also email contact with an immigration lawyer from Kelowna in B.C right now.

Everyone says, apply for the passport you´re Canadian.

Is it so simple?

 

[boasorte]

I had talked to an immigration consulter last month in Alberta and last weekend with an immigration consulter in Manitoba.

I had also email contact with an immigration lawyer from Kelowna in B.C right now.

Everyone says, apply for the passport you´re Canadian.

Is it so simple?

Getting a passport when you are a citizen is as easy as 1, 2, 3.. The catch for you, however, will be to prove your citizenship.

 

[Wheaty879]

Getting a passport when you are a citizen is as easy as 1, 2, 3.. The catch for you, however, will be to prove your citizenship.

That´s my problem

I have absolutely no idea how to prove the status of my parents for their time in Canada.

I have talked to the Canadian Consulate in Dusseldorf (Germany), to the German Administration of Defense, to the German Army, to the Ministry of Defense and to the German Embassy in Ottawa.....nothing

Only former German soldiers are sure, that they never had a diplomatic status in Shilo because of the agreement between the both Governments. And my mother got a stamp "unlimited" in her passport in April 1979, when she entered Canada after a holiday in Germany.

But what does it mean?

 

[rayman_m]

You can download passport application applying from outside Canada: http://www.ppt.gc.ca/form/pdfs/pptc040.pdf

Check section 3 & 4. Under 3, you check NO (no passports issued before) and under section 4 (b), check you were born in Canada and fill up your birth certificate registration no and date of issue.

As for guarantor, most consulate accepts signature from your local bank officer with sign and seal. Submit application and original birth certificate copy to your consulate. Hopefully, they will process and issue a passport to you. Once you have the passport that will be your ID as proof of citizenship to use in and outside Canada for all purpose..

 

[Wheaty879]

You can download passport application applying from outside Canada:
Check section 3 & 4. Under 3, you check NO (no passports issued before) and under section 4 (b), check you were born in Canada and fill up your birth certificate registration no and date of issue.

As for guarantor, most consulate accepts signature from your local bank officer with sign and seal. Submit application and original birth certificate copy to your consulate. Hopefully, they will process and issue a passport to you. Once you have the passport that will be your ID as proof of citizenship to use in and outside Canada for all purpose..

thank you very much

 

[sept15]

Hello my Name is Gordon from Germany. I was born in 1979 in Brandon Manitoba.

My father was a German Soldier in Shilo and was stationed in Shilo from 1977 to 1980. My mother was housewife for this time.

Am I a Canadian citizen?

I have an original Certificate of Birth from the Province of Manitoba!

Thank you for your help!

Best regards

Gordon

Gordon, based on the information you have provided and I did a quick selfassessment, looks like you are a Canadian. Here is a link. There are 4-5 questions. answer them and it tells you if you are a Canadian or not. http://www.cic.gc.ca/english/citizenship/rules/index.asp

or more specifically this link http://www.cic.gc.ca/english/citizenship/rules/tool_04.asp

 

[Wheaty879]

@sept15 thank you very much for this link....

Thats sounds good for me

 

[sept15]

@ sept15 thank you very much for this link....

Thats sounds good for me

You are very welcome. This is what I got for you: [size=10pt][size=10pt]Based on your answers, you are likely a Canadian citizen. [/size][/size]

 

[Msafiri]

Citizenship Act

Persons who are citizens

3. (1) Subject to this Act, a person is a citizen if
(a) the person was born in Canada after February 14, 1977;
....

(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was
(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;
(b) an employee in the service of a person referred to in paragraph (a); or
(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).

It comes down to whether a visiting force as that employing your father was is considered to fall under (a) and/ or (c) with emphasis on the granting of diplomatic privileges and immunities. The Visiting Forces Act ties closely to the NATO Agreement regarding the status of Forces (the VFA almost lifts word for word clauses from the NATO version) including limitations on Canada's law enforcement and judicial systems on prosecuting for crimes, waiver of duties and taxes, exemption from immigration formalities (hence your mother's unrestricted entry).

If it looks like a duck, walks like a duck etc. My take is that Visiting Forces have diplomatic status and/or conditions similar thereto. The only conclusive response would be from the Protocol Office and I don't see them rushing out a response in your favor. You can trawl through Federal Court case law too. I do recall case law on someone born in Ottawa who got a Canadian Passport and 20 years later their renewal application was bounced as CIC found his father was a consular officer so Passport Canada can revoke when the situation is clarified or comes to their attention.

Apply you have nothing to lose.