I think the answer is "no" but follow up because my granddaughter has opportunities in Europe which might be enhanced with Canadian citizenship.
- I was born in Vancouver, BC, in 1949 to an English born father, and a Canadian born mother. I hold citizenship by birth in Canada, by right of descent in the UK, and by naturalization in the USA.
- My daughter was born in the USA in 1969. Although we've never filed paperwork, I understand that she is a Canadian citizen retroactive to her birth.
- My granddaughter was also born in the USA in 1997. If I have read the rules correctly, because of changes in the law in 2009, my granddaughter is not eligible to apply for Canadian citizenship.
Do I have this correct? Thank you in advance.
Unfortunately, you are correct. Under the current Citizenship Act today, your daughter can claim citizenship by descent as the first generation born abroad retroactive to her birth, but your granddaughter can not as the second generation because the first generation limit supersedes the retroactivity.
For your granddaughter to be eligible today, if you are her grandfather, you would have needed to have registered her mother's birth with the Canadian government when she was born, or her mother needed to have registered her own birth during the delayed registration period afforded by the 1977 Act before it's expiry in August 2004; or if you are her grandmother, her mother needed to have applied for a special grant of citizenship afforded by the 1977 Act before your granddaughter's birth.
