Children of Lost Canadians

[LostinBC]

My mother was born in 1945 to a Canadian Mother and an American father. She was born in the US and was one of the "Lost Canadians." She was not recognized as a Canadian Citizen until 2014.

I was born in the US in 1970. We obviously have many family members in Canada, we own property in Canada, and spend part of the year in Canada, and part of the year in the US.

Can I now claim Canadian citizenship based on my mother finally being recognized as a citizen? What about my children born in the US?

 

[itsmyid]

My mother was born in 1945 to a Canadian Mother and an American father. She was born in the US and was one of the "Lost Canadians." She was not recognized as a Canadian Citizen until 2014.

I was born in the US in 1970. We obviously have many family members in Canada, we own property in Canada, and spend part of the year in Canada, and part of the year in the US.

Can I now claim Canadian citizenship based on my mother finally being recognized as a citizen? What about my children born in the US?

Since she was born outside Canada , doesn’t seem like you can claim Canadian citizenship... I could be wrong but similar scenarios have been discussed here many many times

 

[LostinBC]

I've read conflicting things, and the number of changes in the law since 1947 makes it very confusing. Almost all of the information I've found relates to people born AFTER 1947 (does not apply to her), so it is not clear to me if her citizenship was simply recognized in 2014 (and she was a citizen all along) or if she was granted (new) citizenship in 2014.

 

[LostinBC]

Also, it would appear that Bill C-24 would apply to both her and to me:

"Of the many changes, Bill C-24 extended citizenship automatically on that date to more people who were born before the Canadian Citizenship Act took effect on January 1, 1947 (April 1, 1949, in the case of Newfoundland and Labrador), who did not acquire Canadian citizenship on either of those dates, as well as to their children who were born outside Canada in the first generation."

 

[Copingwithlife]

Then send in an application to the IRCC, only they can definitely tell you if you qualify for citizenship

 

[alphazip]

My mother was born in 1945 to a Canadian Mother and an American father. She was born in the US and was one of the "Lost Canadians." She was not recognized as a Canadian Citizen until 2014.

I was born in the US in 1970. We obviously have many family members in Canada, we own property in Canada, and spend part of the year in Canada, and part of the year in the US.

Can I now claim Canadian citizenship based on my mother finally being recognized as a citizen? What about my children born in the US?

Because your mother was born abroad to a Canadian mother and not a Canadian father, she was not recognized as a Canadian citizen under the terms of the original Citizenship Act (unless she was born out of wedlock). Therefore, she did not become a Canadian citizen on January 1, 1947. This example of gender discrimination was corrected in the 1977 Citizenship Act, but was not made retroactive. What the 1977 Act did do, however, was to create the possibility for your mother to apply for a non-retroactive grant of citizenship. This possibility expired in 2004, and would not have helped you anyway, since you were born before 1977. (Only children born to your mother after the date of the grant would have become Canadian citizens.) Your mother did finally become a Canadian citizen in 2009 (by descent, not by grant), retroactive to January 1, 1947. Unfortunately, that still doesn't make you a citizen, though, because at the same time as your mother's citizenship was recognized, citizenship by descent was limited to the first generation born abroad, and you are the second.

See more information here: http://americanlaw.com/canadiancitizenshipbirthabroad.html

 

[itsmyid]

Because your mother was born abroad to a Canadian mother and not a Canadian father, she was not recognized as a Canadian citizen under the terms of the original Citizenship Act (unless she was born out of wedlock). Therefore, she did not become a Canadian citizen on January 1, 1947. This example of gender discrimination was corrected in the 1977 Citizenship Act, but was not made retroactive. What the 1977 Act did do, however, was to create the possibility for your mother to apply for a non-retroactive grant of citizenship. This possibility expired in 2004, and would not have helped you anyway, since you were born before 1977. (Only children born to your mother after the date of the grant would have become Canadian citizens.) Your mother did finally become a Canadian citizen in 2009 (by descent, not by grant), retroactive to January 1, 1947. Unfortunately, that still doesn't make you a citizen, though, because at the same time as your mother's citizenship was recognized, citizenship by descent was limited to the first generation born abroad, and you are the second.

See more information here: http://americanlaw.com/canadiancitizenshipbirthabroad.html

Learn something new each time with discussion on this topic... this should really be on the citizenship test!

 

[LostinBC]

Because your mother was born abroad to a Canadian mother and not a Canadian father, she was not recognized as a Canadian citizen under the terms of the original Citizenship Act (unless she was born out of wedlock). Therefore, she did not become a Canadian citizen on January 1, 1947. This example of gender discrimination was corrected in the 1977 Citizenship Act, but was not made retroactive. What the 1977 Act did do, however, was to create the possibility for your mother to apply for a non-retroactive grant of citizenship. This possibility expired in 2004, and would not have helped you anyway, since you were born before 1977. (Only children born to your mother after the date of the grant would have become Canadian citizens.) Your mother did finally become a Canadian citizen in 2009 (by descent, not by grant), retroactive to January 1, 1947. Unfortunately, that still doesn't make you a citizen, though, because at the same time as your mother's citizenship was recognized, citizenship by descent was limited to the first generation born abroad, and you are the second.

See more information here: http://americanlaw.com/canadiancitizenshipbirthabroad.html

Thank you for these insights. As I have been reading about all the various law changes over the years, I've found it very difficult to piece together the actual ramifications. This is very, very helpful. Thank you.