Citizenship by decent?

[CarrieB83]

Hi,

Looking for a bit of help please. My mother was born in Canada in 1956 and is a citizen, though her Canadian passport is currently out of date. She moved back to Scotland with my Granny and her siblings in the 1960’s after my granda’s sudden passing. I am listed on said passport but have never had my own one issued I believe I am a citizen by decent.

Am I correct in thinking that?
If I am, do I just contact the case processing place in Nova Scotia direct to get the ball rolling?

Any advice for or against my initial thoughts will be much appreciated. Thanks

 

[meyakanor]

In general, you can derive citizenship by being a child of at least one parent who was born in Canada (there is no residency requirement), but there might (or might not) be nuance or exception in your situation given that your mom was born in 1956 (I'm not all that familiar with the nitty gritty detail of the Citizenship Act governing Canadian citizenship by descent).

But I believe this is a straightforward case, and that you are a citizen (from birth), provided that your mom was a citizen because she was born in Canada (not everybody who was born in Canada was automatically a Canadian citizen), and at the time of your birth, she was still a citizen. It might not be a bad idea to apply for proof of citizenship if it's easy for you to get access to your mom's Canadian birth certificate. It's only 75 CAD, and you'll probably get decision within 6 months

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/about.html

Also, try to use the Canadian citizenship by descent wizard to see if you are probably a citizen. I believe you are

https://na1se.voxco.com/SE/56/amicanadiansuisjecanadien/?lang=en&tui=auto

 

[CarrieB83]

In general, you can derive citizenship by being a child of at least one parent who was born in Canada (there is no residency requirement), but there might (or might not) be nuance or exception in your situation given that your mom was born in 1956 (I'm not all that familiar with the nitty gritty detail of the Citizenship Act governing Canadian citizenship by descent).

I believe this is a straightforward case, and that you are a citizen (from birth), provided that your mom was a citizen because she was born in Canada (not everybody who was born in Canada was automatically a Canadian citizen), and at the time of your birth, she was still a citizen. It might not be a bad idea to apply for proof of citizenship if it's easy for you to get access to your mom's Canadian birth certificate. It's only 75 CAD, and you'll probably get decision within 6 months

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/about.html

Try to use the Canadian citizenship by descent wizard to see if you are probably a citizen. I believe you are

https://na1se.voxco.com/SE/56/amicanadiansuisjecanadien/?lang=en&tui=auto

Thanks you. That’s very helpful and interesting.

Both my mum and Granny are still alive in Scotland and may still have the original birth certificate would that save the need for getting proof of citizenship? My mum found the passport for me in a matter of days so pretty sure if they have it she will find it.

Thanks
Carrie

 

[meyakanor]

Thanks you. That’s very helpful and interesting.

Both my mum and Granny are still alive in Scotland and may still have the original birth certificate would that save the need for getting proof of citizenship? My mum found the passport for me in a matter of days so pretty sure if they have it she will find it.

Thanks
Carrie

Unfortunately, there is no way around getting the proof of citizenship.

Unlike the United States (and maybe some other countries as well), Canada requires all citizens by descent to apply for proof of citizenship if they want to exert the claim of their citizenship (not sure how it would work in the border if you persistently claim you are a citizen without showing this proof).

For example, to apply for a Canadian passport, you would have to provide a proof of citizenship, and your parent(s)'s birth or naturalization certificate will not be accepted as one.

Your parent's birth or naturalization certificate will not be accepted as well when you try to apply for Social Insurance Number (which you will need for employment), healthcare, driver's license, etc.

So yes, you are a citizen, and have been a citizen from the day you were born. You do not need to apply for citizenship, but you still need to apply for a proof of citizenship in order to apply for a passport or do other things that citizens have the rights for.

 

[CarrieB83]

Unfortunately, there is no way around getting the proof of citizenship.

Unlike the United States (and maybe some other countries as well), Canada requires all citizens by descent to apply for proof of citizenship if they want to exert the claim of their citizenship (not sure how it would work in the border if you persistently claim you are a citizen without showing this proof).

For example, to apply for a Canadian passport, you would have to provide a proof of citizenship, and your parent(s)'s birth or naturalization certificate will not be accepted as one.

Your parent's birth or naturalization certificate will not be accepted as well when you try to apply for Social Insurance Number (which you will need for employment), healthcare, driver's license, etc.

So yes, you are a citizen, and have been a citizen from the day you were born. You do not need to apply for citizenship, but you still need to apply for a proof of citizenship in order to apply for a passport or do other things that citizens have the rights for.

That’s really fantastic news and much simpler than I had initially thought!

I’ll get the proof of citizenship process started ASAP.

Really appreciate you taking the time to answer me in such clear and concise detail.

Many Thanks
Carrie

 

[alphazip]

Hi,

Looking for a bit of help please. My mother was born in Canada in 1956 and is a citizen, though her Canadian passport is currently out of date. She moved back to Scotland with my Granny and her siblings in the 1960’s after my granda’s sudden passing. I am listed on said passport but have never had my own one issued I believe I am a citizen by decent.

Am I correct in thinking that?
If I am, do I just contact the case processing place in Nova Scotia direct to get the ball rolling?

Any advice for or against my initial thoughts will be much appreciated. Thanks

Yes, as the child of a Canadian-born parent, you are a Canadian citizen. As stated previously, you will need to get proof of citizenship in order to apply for a passport, etc.