Citizenship - 1st or 2nd generation born abroad?

[scylla]

But these new rules only came into effect after 2009 and my children were born before 2009 so I would think that they could apply for citizenship but have to take steps to retain it prior to turning 28?

They are third generation born abroad. So they don't fall under any of these rules.

 

[screech339]

But these new rules only came into effect after 2009 and my children were born before 2009 so I would think that they could apply for citizenship but have to take steps to retain it prior to turning 28?

I believe had you applied for their citizenship before the new citizenship 2009 law kicked in, they would have gotten citizenship. The citizenship applications would have been locked in before the new 2009 law come into effect. Law prior to 2009 allows generational passing of citizenship without limits. The 2009 law also states that it will not take away citizenship from those who already has it (including 3rd gen canadians and beyond) despite no longer qualifying under the new 2009 law. Since your children has not gotten citizenship before the new 2009 law, the law applies to them as well.

 

[alphazip]

I have just returned from my first trip to canada ( I want to go back asap) whilst I was there I went and applied for a canadian passport and managed to pick it up before returning to the uk.

I am a canadian

Now the question is are my children canadian? They were born in 1999 2004 and 2008 I wish i'd asked while I was there!!

Interesting question. Let's review. Your father was granted Canadian citizenship in 1975. You were born abroad in 1978, making you a Canadian citizen at birth. Your children were born before citizenship by descent was limited to the 1st generation born abroad in 2009. None of your children reached age 28 by April 17, 2009. So...your children were born to a Canadian citizen before 2009, making them Canadian citizens, too.

Now, this is all dependent on my initial theory that your father was granted citizenship in 1975, and was therefore not a citizen by descent. He would not have qualified for citizenship by descent, because he was not born to a Canadian-citizen father.

 

[alphazip]

But these new rules only came into effect after 2009 and my children were born before 2009 so I would think that they could apply for citizenship but have to take steps to retain it prior to turning 28?

The requirement to retain by age 28 was eliminated in 2009. The new rules did not take citizenship away from anyone who already had it, including, presumably, your children.

 

[112canadacalling]

It's a shame that I have no clue as to how my father acquired his citizenship. My aunts were not required to resume citizenship and believe it has something to do with when he was born. I'm so pleased to finally have found out that I was not subject to loss after being told for the last 10 years that I was no longer a citizen. I'd like very much to find out for sure what needs to be done for my children. Do you think the best thing to do re my children's citizenship, would be apply and hope for the best?

 

[screech339]

All things considered, I believe your children are canadian citizen on account that they were born to a canadian parent before the 2009 law kicked in despite being 3rd generation Canadian. So there is no harm in applying for citizenship for your children.

 

[links18]

To be clear: You don't apply for citizenship in a by descent situation. Either you are already a citizen or you aren't. You apply for a citizenship certificate at which time, IRCC will decide whether you are a citizen or not based on the facts. If issued, the certificate serves as positive proof of Canadian citizenship-- but you were already Canadian.

 

[alphazip]

It's a shame that I have no clue as to how my father acquired his citizenship. My aunts were not required to resume citizenship and believe it has something to do with when he was born. I'm so pleased to finally have found out that I was not subject to loss after being told for the last 10 years that I was no longer a citizen. I'd like very much to find out for sure what needs to be done for my children. Do you think the best thing to do re my children's citizenship, would be apply and hope for the best?

You mentioned that you visited Canada and picked up a passport, but you never told us that you applied for and received a replacement Certificate of Citizenship. However, I'm sure you must have done so, since I can't see how a Canadian passport would have been issued to you without one. So, on the application for proof of citizenship, did you supply the number of your father's Certificate of Citizenship from 1975? As I mentioned before, a Resumption is a Grant, meaning that your father was not, in 1975, considered to be a citizen by descent, but rather by Grant. In other words, he had the same status as a naturalized citizen. The circumstances of his initial immigration to Canada, his "registration" in 1965, etc. are very unclear, since birth to a Canadian woman before 1977 provided no citizenship status...unless the woman was unmarried.

In any case, the simplest thing to do is to submit applications for your children, making clear that your father was granted Canadian citizenship in 1975.

 

[alphazip]

In a private message, the OP cleared up some of the confusion. She said that she found her original Certificate of Citizenship from 1981 and used that to get a Canadian passport. She also said that her father's father (not just his mother) may have been a Canadian citizen. Since the OP was a Canadian citizen before 2009, her children born before 2009 are too.

 

[screech339]

Glad to hear.