Citizenship by Descent Question

[helical]

Hello, I am an American wondering if it is possible for me to acquire Canadian citizenship through descent. I have looked at the cic website but this specific scenario is a bit unclear (though my conclusion is that I cannot).

My father was born on an American military base in Canada and received dual citizenship in the 50's. He renounced his citizenship in the 70's when he joined the U.S. military.

I was born in 1990 (long after he renounced his citizenship) and my father's citizenship status remains unchanged.

Thank you very much for any assistance or information you might have!

 

[zardoz]

Hello, I am an American wondering if it is possible for me to acquire Canadian citizenship through descent. I have looked at the cic website but this specific scenario is a bit unclear (though my conclusion is that I cannot).

My father was born on an American military base in Canada and received dual citizenship in the 50's. He renounced his citizenship in the 70's when he joined the U.S. military.

I was born in 1990 (long after he renounced his citizenship) and my father's citizenship status remains unchanged.

Thank you very much for any assistance or information you might have!

The only loophole that I can think of is if he didn't "renounce" his Canadian citizenship correctly with due process under Canadian Law. Canada might still consider him to be a citizen, even if the USA doesn't. It's an incredibly long shot but it's worth investigating.

 

[admontreal]

Hi Helical,

The only way to know would be to apply for Proof of citizenship and call CIC before.

However, I think that if your father renounced Canadian citizenship by following the official process, it means he wasn't Canadian when you were born.

 

[alphazip]

There is a general misunderstanding of the term "renounced". If by renounced, you mean your father took an oath to the United States, wherein he renounced all foreign citizenships and allegiances, that's not an official renunciation. An official renunciation is where a person applies to the Government of Canada to no longer be a Canadian citizen. (The process that Tea Party Senator Ted Cruz just followed.) A Canadian law that took effect in 2009 returned Canadian citizenship to Canadian-born persons who had lost their citizenship (such as your father) and to their children (first generation only). So, check to see how your father “renounced”. If it was to U.S. officials only, you’re likely Canadian.

 

[saria1]

Hello, I am an American wondering if it is possible for me to acquire Canadian citizenship through descent. I have looked at the cic website but this specific scenario is a bit unclear (though my conclusion is that I cannot).

My father was born on an American military base in Canada and received dual citizenship in the 50's. He renounced his citizenship in the 70's when he joined the U.S. military.

I was born in 1990 (long after he renounced his citizenship) and my father's citizenship status remains unchanged.

Thank you very much for any assistance or information you might have!

Something tells me this is the scenario that applies most to you, and I would say you sound like you would be a citizen by descent in the first generation born abroad. I'd apply, it's only $75 and 6 months of waiting. Also, since you have not had proof of citizenship, I'm assuming you don't have an SIN, so you can request urgent processing based on that.

"5. Adult dual citizen took an oath to another country between 1947 and 1977

Fictional case: Daniel was born in Alberta in 1952 to U.S. citizen parents. He was a dual citizen at birth since he was born in Canada and he obtained U.S. citizenship through his parents.

In 1974, he applied for a citizenship certificate from the U.S. authorities to have proof of his U.S. citizenship. When he picked up his certificate from the U.S. consulate in Canada, he signed a U.S. form in which he renounced all other citizenships. As a result, he automatically lost his Canadian citizenship.

Daniel has lived all his life in Canada. He contacted the CIC Call Centre to ask about his citizenship status and it was determined that he had lost his citizenship in 1974 when he got his U.S. citizenship certificate. Daniel was invited to apply for a special grant of citizenship and became a citizen in the spring of 2007.

Citizenship status: Though Daniel is a citizen today, this bill would restore citizenship to him back to the date he lost it in 1974."

http://www.cic.gc.ca/english/department/media/backgrounders/2007/2007-12-10b.asp

Good luck and let us know how it turns out.

 

[screech339]

Something tells me this is the scenario that applies most to you, and I would say you sound like you would be a citizen by descent in the first generation born abroad. I'd apply, it's only $75 and 6 months of waiting. Also, since you have not had proof of citizenship, I'm assuming you don't have an SIN, so you can request urgent processing based on that.

"5. Adult dual citizen took an oath to another country between 1947 and 1977

Fictional case: Daniel was born in Alberta in 1952 to U.S. citizen parents. He was a dual citizen at birth since he was born in Canada and he obtained U.S. citizenship through his parents.

In 1974, he applied for a citizenship certificate from the U.S. authorities to have proof of his U.S. citizenship. When he picked up his certificate from the U.S. consulate in Canada, he signed a U.S. form in which he renounced all other citizenships. As a result, he automatically lost his Canadian citizenship.

Daniel has lived all his life in Canada. He contacted the CIC Call Centre to ask about his citizenship status and it was determined that he had lost his citizenship in 1974 when he got his U.S. citizenship certificate. Daniel was invited to apply for a special grant of citizenship and became a citizen in the spring of 2007.

Citizenship status: Though Daniel is a citizen today, this bill would restore citizenship to him back to the date he lost it in 1974."

http://www.cic.gc.ca/english/department/media/backgrounders/2007/2007-12-10b.asp

Good luck and let us know how it turns out.

Based on the example in the Daniel case, it appears that the OP cannot get Canadian citizenship on account that the father like the Daniel example lost his Canadian citizenship when he renounced his Canadian citizenship at US authorities. Since the father wasn't Canadian at time of OP's birth, it may likely that the OP may not have Canadian by descent.

I am not saying that this is true or not. Just making an observation based on the example posted previously.

Screech339

 

[saria1]

Based on the example in the Daniel case, it appears that the OP cannot get Canadian citizenship on account that the father like the Daniel example lost his Canadian citizenship when he renounced his Canadian citizenship at US authorities. Since the father wasn't Canadian at time of OP's birth, it may likely that the OP may not have Canadian by descent.

I am not saying that this is true or not. Just making an observation based on the example posted previously.

Screech339

Screech, yes he will. Go to the link provided, then go to the next example down, 6, which is partly him too:

"6. People who lost their citizenship between 1947 and 1977 by becoming citizens of another country (adults and minors)

Fictional case: Jamal and his parents were all born in Canada. The family moved to the U.S. in 1951 and all became U.S. citizens on March 1, 1956, when Jamal was 10 years old. Jamal lost his Canadian citizenship when his parents chose to make the family U.S. citizens. Jamal remained in the U.S. and is now 61 years old with a wife, children and grandchildren who are U.S. citizens, having been born there.

In 2005, the Act was amended to allow people who lost citizenship as minors to resume citizenship without first becoming a permanent resident and residing in Canada (Bill S-2). Jamal applied for and resumed his Canadian citizenship in 2006.

Citizenship status: Though he is a citizen today, this bill would restore citizenship to Jamal (and his parents if living) back to the date they lost citizenship in 1956.

Jamal’s children are the first generation born abroad and would automatically obtain citizenship under the bill back to their date of birth.

His grandchildren born in the U.S. would not obtain citizenship under the bill since they are the second generation born abroad."

 

[screech339]

Screech, yes he will. Go to the link provided, then go to the next example down, 6, which is partly him too:

"6. People who lost their citizenship between 1947 and 1977 by becoming citizens of another country (adults and minors)

Fictional case: Jamal and his parents were all born in Canada. The family moved to the U.S. in 1951 and all became U.S. citizens on March 1, 1956, when Jamal was 10 years old. Jamal lost his Canadian citizenship when his parents chose to make the family U.S. citizens. Jamal remained in the U.S. and is now 61 years old with a wife, children and grandchildren who are U.S. citizens, having been born there.

In 2005, the Act was amended to allow people who lost citizenship as minors to resume citizenship without first becoming a permanent resident and residing in Canada (Bill S-2). Jamal applied for and resumed his Canadian citizenship in 2006.

Citizenship status: Though he is a citizen today, this bill would restore citizenship to Jamal (and his parents if living) back to the date they lost citizenship in 1956.

Jamal's children are the first generation born abroad and would automatically obtain citizenship under the bill back to their date of birth.

His grandchildren born in the U.S. would not obtain citizenship under the bill since they are the second generation born abroad."

The example you posted does not apply to OP's situation for three reasons.

1: Jamal was born in Canada. OP was born in US

2: Jamal's parents were Canadian at time of Jamal's birth, OP's father was not Canadian at time of birth.

3: Jamal lost citizenship as a minor due to acquiring US citizenship, OP never had Canadian citizenship to begin with due to number 2 above.

The Jamal's example doesn't apply to OP's situation. The David's example fit OP's situation more so.

Screech339

 

[saria1]

The example you posted does not apply to OP's situation for three reasons.

1: Jamal was born in Canada. OP was born in US

2: Jamal's parents were Canadian at time of Jamal's birth, OP's father was not Canadian at time of birth.

3: Jamal lost citizenship as a minor due to acquiring US citizenship, OP never had Canadian citizenship to begin with due to number 2 above.

The Jamal's example doesn't apply to OP's situation. The David's example fit OP's situation more so.

Screech339

The OP is a mix between the two. The point is ultimately that he is canadian by descent and can apply for proof. I think that is the answer he's seeking.

 

[screech339]

The thing with Daniel's case is that he regain his Canadian citizenship by applying to get it back which gave back his citizenship to the time he renounced Canadian citizenship. in OP's case, did the OP's father reapply to get his Canadian citizenship back to the time he renounced his Canadian citizenship. The OP's father probably haven't done any attempt to reclaim his Canadian citizenship, considering that the OP and his father are still living in US at the time of posting. I think the OP can get Canadian citizenship by descent after his father applied to get his Canadian citizenship back and make it valid to the time of OP's birth. If the OP's father hasn't applied to get his citizenship back, the OP can't get Canadian citizenship by descent.

I don't see any harm in the OP trying to get Canadian citizenship by descent through his father. If he gets his citizenship, that's a bonus for him. Otherwise, it seems to confirm my suspicion that he won't get it on account that his father hasn't actually applied to get his Canadian citizenship back to make his claim that his father was Canadian at time of OP's birth.

 

[saria1]

The thing with Daniel's case is that he regain his Canadian citizenship by applying to get it back which gave back his citizenship to the time he renounced Canadian citizenship. in OP's case, did the OP's father reapply to get his Canadian citizenship back to the time he renounced his Canadian citizenship. The OP's father probably haven't done any attempt to reclaim his Canadian citizenship, considering that the OP and his father are still living in US at the time of posting. I think the OP can get Canadian citizenship by descent after his father applied to get his Canadian citizenship back and make it valid to the time of OP's birth. If the OP's father hasn't applied to get his citizenship back, the OP can't get Canadian citizenship by descent.

I don't see any harm in the OP trying to get Canadian citizenship by descent through his father. If he gets his citizenship, that's a bonus for him. Otherwise, it seems to confirm my suspicion that he won't get it on account that his father hasn't actually applied to get his Canadian citizenship back to make his claim that his father was Canadian at time of OP's birth.

The fathers Canadian citizenship was an automatic restoration. His father renounced his citizenship when he joined the military, that was a simple process done right there with the American military. I'm willing to bet he never formally renounced his citizenship with the Canadian government.

Here is the resumption application, and I highlighted a quote taken from the guide:

"Note: Are you already a Canadian citizen? New rules on citizenship came into force on April 17, 2009, and restored citizenship to many individuals who have lost it due to former legislation. Citizenship was not restored, however, to people who renounced their citizenship as adults with the Canadian government. For more information, visit our website or the Call Centre."

http://www.cic.gc.ca/english/information/applications/guides/CIT0301ETOC.asp

 

[Leon]

Definitely apply and see what happens. Your father may not have formally renounced his citizenship and probably no longer has any documents he signed back then. If he didn't properly renounce it, then he is still a Canadian citizen and always was and if you don't apply, you will never find out.

 

[alphazip]

Based on the example in the Daniel case, it appears that the OP cannot get Canadian citizenship on account that the father like the Daniel example lost his Canadian citizenship when he renounced his Canadian citizenship at US authorities. Since the father wasn't Canadian at time of OP's birth, it may likely that the OP may not have Canadian by descent.

I am not saying that this is true or not. Just making an observation based on the example posted previously.

Screech339

As I mentioned before, a LAW THAT TOOK EFFECT IN 2009, restored citizenship to nearly everyone* who lost it, and gave it to their children in the 1st generation. Using an example from 2007 isn't relevant to this question. I am a Canadian citizen by descent. I have a Canadian citizenship certificate and passport, even though I was born in the USA to a Canadian father who had become a U.S. citizen (and renounced his "foreign" citizenship as part of his oath) in the 1950s.

*Exception: people who officially renounced their citizenship TO CANADIAN AUTHORITIES.

Changes to citizenship rules as of April 2009: http://www.cic.gc.ca/english/citizenship/rules_2009.asp

 

[godisgreat]

Hello All friends

Hope all is well. I would like to know how much time these days they taking to complete Canadian Citizenship application for grant adult. I have sent my application to Nova Scotia 2 days ago along with my all proper papers work. I have already completed my 1460 days. Could you guys please share your experience what is the next process.

Thank you very much for all of your help in advance.

Regards,

 

[Leon]

Hello All friends

Hope all is well. I would like to know how much time these days they taking to complete Canadian Citizenship application for grant adult. I have sent my application to Nova Scotia 2 days ago along with my all proper papers work. I have already completed my 1460 days. Could you guys please share your experience what is the next process.

Thank you very much for all of your help in advance.

Regards,

According to http://www.cic.gc.ca/english/information/times/canada/cit-processing.asp they are saying 12 months or less but they really do not have the statistics to back that up because they have been making changes to their process and 12 months haven't actually passed yet. You basically have to wait and see.