child of Canadian boorn citizen

[STINSONC]

Hi,
My mother was born (1948) in Canada but had to renounce her citizenship before I was born when she married my father. She has since regained her citizenship. My understanding is that with the new rules I now qualify as a citizen since her citizenship status has been restored and backdated to the time she lost it - officially making her a Canadian born citizen at the time of my birth. Is this correct? Thanks in advance

 

[alphazip]

Hi,
My mother was born (1948) in Canada but had to renounce her citizenship before I was born when she married my father. She has since regained her citizenship. My understanding is that with the new rules I now qualify as a citizen since her citizenship status has been restored and backdated to the time she lost it - officially making her a Canadian born citizen at the time of my birth. Is this correct? Thanks in advance

The short answer is "yes, you're a citizen." That's if by "renounce" you mean to foreign (non-Canadian, e.g. U.S.*) authorities as part of the naturalization process. If you mean that your mother applied to Canada to renounce her citizenship...a very rare act...then she would have lost her Canadian citizenship and not regained it under the 2009 changes to the Citizenship Act.

*The U.S. oath: "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen..."

 

[STINSONC]

Thanks alphazip!
Yes, that's right, she had to renounce her citizenship to become a Fijian citizen when marrying my dad. So sounds like we're all good.
Separately to this - my wife is a permanent resident of Canada and has been for 20 years. Recently she hasn't met the residency requirements to retain her PR status. I've just found out that by being married (and living with) me - a citizen - that all the time she's spent with me should count towards her residency requirements, even if she wasn't in Canada. This would only be the case, I assume, if I am a citizen and if I have always been a citizen. From what I read, and from your reply, I gather that is indeed the case? ie. that, while I don't yet have a citizenship certificate, I have indeed been a citizen all along?
My wife's PR status is being reviewed and she needs to attend a meeting next week to show proof of her residency. If I don't yet have my citizenship certificate by then (doubtful as I'm only applying for it now), can we use this rule of being married to a citizen to help her case do you think? We've been married and living together for 8 years and have children together.
thanks.

 

[scylla]

You need to be recognized as a citizen before your wife can request to be considered under this rule. Until you have the citizenship certificate, I don't think they'll regard you as a citizen unfortunately. Having said that, if she loses her PR status, then you can sponsor her once you have your citizenship officially confirmed. So that's the good news.

 

[alphazip]

Thanks alphazip!
Yes, that's right, she had to renounce her citizenship to become a Fijian citizen when marrying my dad. So sounds like we're all good.
Separately to this - my wife is a permanent resident of Canada and has been for 20 years. Recently she hasn't met the residency requirements to retain her PR status. I've just found out that by being married (and living with) me - a citizen - that all the time she's spent with me should count towards her residency requirements, even if she wasn't in Canada. This would only be the case, I assume, if I am a citizen and if I have always been a citizen. From what I read, and from your reply, I gather that is indeed the case? ie. that, while I don't yet have a citizenship certificate, I have indeed been a citizen all along?
My wife's PR status is being reviewed and she needs to attend a meeting next week to show proof of her residency. If I don't yet have my citizenship certificate by then (doubtful as I'm only applying for it now), can we use this rule of being married to a citizen to help her case do you think? We've been married and living together for 8 years and have children together.
thanks.

Regarding your situation, I would refer you to the case of actor Randy Quaid and his wife. Quaid made the rather strange claim that he fled to Canada from the U.S. to avoid so-called "star whackers" (a group of people he claimed were intent on killing movie stars). Canada initially planned to deport him, but once CIC learned that his wife's father was born in Canada, and that she therefore had a claim to Canadian citizenship, they were both allowed to stay. And, this was without the wife having a citizenship certificate or, apparently, even having any previous knowledge that she was Canadian citizen. Quaid was eventually denied PR status, but that was based on other factors, such as his history of criminality.

So, using that as an example, IRCC should take into consideration that your wife has been married to someone who has a prima facie claim to Canadian citizenship by descent. And, based on living with a Canadian citizen spouse, her PR status should never expire. Of course, "should" doesn't mean that your wife will prevail in her hearing. She should definitely take your birth certificate, your marriage certificate, and your mother's birth certificate to the hearing.

Read about the Quaid case here:

https://www.thestar.com/entertainment/2010/10/27/randy_quaid_and_his_wife_released_from_canadian_immigration_custody.html