Canadian or not ?

[KDN]

Hi,

My mother was adopted in Toronto in 1955, by her stepfather
and birth mother. Although my mother was born in Poland, her
mother moved to England and met her stepfather. They then
moved to Canada- they lived there for the rest of their lives and both became canadians. The adoption paper list both 'applicants'
as domiciled in Canada.

Although never having had a Canadian passport , would she be
likely to be a citizen? She does not remember a citizenship ceremony - but surely her parents would have had to satisfy certain criteria before they would have been able to officially adopt her in 1955 in Toronto.


She returned to the UK at around age 17 .
Her younger brother was born in
Canada and is a full Canadian citizen.

Many thanks

 

[PMM]

Hi

Hi,

My mother was adopted in Toronto in 1955, by her stepfather
and birth mother. Although my mother was born in Poland, her
mother moved to England and met her stepfather. They then
moved to Canada- they lived there for the rest of their lives and both became canadians. The adoption paper list both 'applicants'
as domiciled in Canada.

Although never having had a Canadian passport , would she be
likely to be a citizen? She does not remember a citizenship ceremony - but surely her parents would have had to satisfy certain criteria before they would have been able to officially adopt her in 1955 in Toronto.


She returned to the UK at around age 17 .
Her younger brother was born in
Canada and is a full Canadian citizen.

Many thanks

1. To find out if she was naturalized as a citizen, she would have to do a search of the citizenship records. http://www.cic.gc.ca/english/citizenship/search.asp
2. Was her stepfather a Canadian citizen at the time of her adoption?
3. So have her do a search, if negative, then if her stepfather was a Canadian when she was adopted by him, then she may be apply for proof of citizenship.
4. She should also determine if she was an Immigrant to Canada, i.e. became a Permanent Resident when she came to Canada with her mother, as her mother would have required an Immigrant visa.
5. If she emigrated, with her mother, it is quite possible that she was included in her mother's citizenship application, and depending on her age. Children under 14 were not required to attend the citizenship ceremony.

 

[KDN]

Many thanks for this reply.

We have started the process regarding the citizenship certificate- with a letter received 4th November last year from consular services in London, stating that the application was forwarded to Canada. It could be 12-15 months till we hear though, which does seem a long time.

With regards to her parents- it has been impossible to find their paperwork.

I know adoption law is/was more complicated, but if it turns out that she is Canadian - what position would I be in as the first generation born abroad? 1977 is the year of my birth.

 

[PMM]

Hi

Many thanks for this reply.

We have started the process regarding the citizenship certificate- with a letter received 4th November last year from consular services in London, stating that the application was forwarded to Canada. It could be 12-15 months till we hear though, which does seem a long time.

With regards to her parents- it has been impossible to find their paperwork.

I know adoption law is/was more complicated, but if it turns out that she is Canadian - what position would I be in as the first generation born abroad? 1977 is the year of my birth.

1. Well you are going to have to do the search of the citizenship records for your mother as it would appear that you were born abroad "born outside Canada after February 14, 1977, and at the time of his or her birth one of his or her parents, other than a parent who adopted him or her, was a citizen - paragraph 3(1)(b);"
2. So it will all hinge on proof that your mother became a citizen prior to your birth.

 

[KDN]

The result of the citizenship records of my Mothers stepfather/my Grandfather have come through.

It states that he became a citizen on 1st June 1966, which means he would have lived there for 13 years?? before becoming Canadian. I presume that her Mother attained citizenship at the same time.

We have my Mother's offical adoption certificate from 1955, issued in Ontario. How would they have been able to adopt her before they became Canadian?

Should I presume that she will have no legal right to claim to be Canadian, as despite emigrating with my Mother in 1953 they did not officially become residents until 1966?

 

[PMM]

Hi

The result of the citizenship records of my Mothers stepfather/my Grandfather have come through.

It states that he became a citizen on 1st June 1966, which means he would have lived there for 13 years?? before becoming Canadian. I presume that her Mother attained citizenship at the same time.

We have my Mother's offical adoption certificate from 1955, issued in Ontario. How would they have been able to adopt her before they became Canadian?

Should I presume that she will have no legal right to claim to be Canadian, as despite emigrating with my Mother in 1953 they did not officially become residents until 1966?

1. It wasn't necessary to be a citizen to adopt, you only had to be legal, i.e. "landed immigrant". So it appears your mother's stepfather was NOT a citizen of Canada at the time of her adoption (1955) so she would not obtain citizenship through him. Only a citizenship search for the mother, would determine is she became a citizen or not.