Citizenship query

[sniloc]

Hi, this is my first post here so I hope this is in the correct place, and I'd be really grateful for any advice. I'll try to be brief.

I think I'm a Canadian citizen by descent. My mother immigrated to Canada in 1954, and became naturalized in 1962. I was subsequently born in the UK in 1974.

I'd like to obtain proof of my citizenship if possible. I can prove my link to my mother through UK documentation (my birth certificate, her marriage certificate), but I can't evidence her Canadian citizenship formally. I don't have her consent to release that information to me, and I've been estranged from her for several decades now so cannot ask her for assistance.

Can I still get proof of citizenship? Any advice would be very welcome.

 

[hawk39]

Hi, this is my first post here so I hope this is in the correct place, and I'd be really grateful for any advice. I'll try to be brief.

I think I'm a Canadian citizen by descent. My mother immigrated to Canada in 1954, and became naturalized in 1962. I was subsequently born in the UK in 1974.

I'd like to obtain proof of my citizenship if possible. I can prove my link to my mother through UK documentation (my birth certificate, her marriage certificate), but I can't evidence her Canadian citizenship formally. I don't have her consent to release that information to me, and I've been estranged from her for several decades now so cannot ask her for assistance.

Can I still get proof of citizenship? Any advice would be very welcome.

You are probably a citizen by descent; unfortunately, per the instructions, you will need her citizenship document in order to apply for your proof.

If you don't have one of the specific documents listed but have some other official document that clearly states that she has Canadian citizenship, you could try and apply with that and include a letter of explanation.

Others on this forum have reported that they successfully applied for their proof when their Canadian parent was not listed on their birth certificate but were able to establish parentage through living Canadian relatives and DNA tests.

 

[sniloc]

You are a citizen by descent; unfortunately, per the instructions, you will need her citizenship document in order to apply for your proof.

If you don't have one of the specific documents listed but have some other official document that clearly states that she has Canadian citizenship, you could try and apply with that and include a letter of explanation.

Others on this forum have reported that they successfully applied for their proof when their Canadian parent was not listed on their birth certificate but were able to establish parentage through living Canadian relatives and DNA tests.

Thanks Hawk, I appreciate the reply. I was worried this might be the case. It seems a bit crazy that they can't check this as part of my application - I can prove she's my mother, and they will have the records showing her naturalization that they could check ...

 

[hawk39]

Thanks Hawk, I appreciate the reply. I was worried this might be the case. It seems a bit crazy that they can't check this as part of my application - I can prove she's my mother, and they will have the records showing her naturalization that they could check ...

The onus is on the applicant to submit a document to IRCC so that they can use it to find the parent's citizenship record to verify the status; in other words, you need to give them a strong definitive lead to connect the dots. They are not going to look up every 'Mary Jane Smith' and try to match it with your birth certificate. All of the leg work is on the applicant to prove their parental link.

I forgot to mention that as long as your mother did not formally renounce her Canadian citizenship before your birth, then you are a citizen by descent. Prior to 1977, Canada did not allow dual citizenship and automatically revoked it upon naturalization to another county. Most people who lost their Canadian citizenship this way had it restored in 2009. So, if your mother acquired British citizenship before your birth without making a formal application to renounce it, then you are a citizen by descent today; if she did take that step however, then unfortunately, you are not.

 

[sniloc]

Thanks again hawk, I appreciated the clarity. I'm resurrecting this thread after a long pause to re-establish contact with my mother. That was interesting!

So I now have colour copies of everything I need, including her citizenship certificate and matching photo card, and have submitted my application for citizenship. She was naturalized Canadian in 1962 and didn't renounce it at any point. I was UK born in the early 70s, so I think I should be a Canadian citizen (by descent) too.

A question I do have is around retroactivity. Would this effectively make me a Canadian citizen from my birth, or will it apply from the date my application is approved? Assuming it will be.

Many thanks again

The onus is on the applicant to submit a document to IRCC so that they can use it to find the parent's citizenship record to verify the status; in other words, you need to give them a strong definitive lead to connect the dots. They are not going to look up every 'Mary Jane Smith' and try to match it with your birth certificate. All of the leg work is on the applicant to prove their parental link.

I forgot to mention that as long as your mother did not formally renounce her Canadian citizenship before your birth, then you are a citizen by descent. Prior to 1977, Canada did not allow dual citizenship and automatically revoked it upon naturalization to another county. Most people who lost their Canadian citizenship this way had it restored in 2009. So, if your mother acquired British citizenship before your birth without making a formal application to renounce it, then you are a citizen by descent today; if she did take that step however, then unfortunately, you are not.

 

[hawk39]

A question I do have is around retroactivity. Would this effectively make me a Canadian citizen from my birth, or will it apply from the date my application is approved? Assuming it will be.

Under the law, citizens by descent are considered citizens at birth, so the certificate will be dated from your date of birth. However, because of the generational limit still in place, your children will not be able to claim citizenship by descent from you at this time (despite you now technically being Canadian before their births).

 

[sniloc]

Under the law, citizens by descent are considered citizens at birth, so the certificate will be dated from your date of birth. However, because of the generational limit still in place, your children will not be able to claim citizenship by descent from you at this time (despite you now technically being Canadian before their births).

Thank you hawk, you are a font of knowledge and I appreciate your time in replying.

So to be clear - I should receive my citizenship certificate with my date of birth from 1974 on it. However, even though I'm technically a citizen from birth, my UK born child (born in 2006), will not be eligible as things currently stand. They would be the second generation born abroad, after me.

Would this still be the case should C71 come into force? I have spent more than 1095 days living in Canada (albeit a very long time ago in my childhood).

 

[Seym]

Would this still be the case should C71 come into force? I have spent more than 1095 days living in Canada (albeit a very long time ago in my childhood).

We can't answer for now. With the current bill, there doesn't seem to be any condition regarding the accumulation of these 1095 days, rendering your child eligible, but there may be amendments from either the HoC or Senate that would change change this, or an election that would kill the bill before royal assent. All we know for now really is that the Citizenship Act needs to be changed given the Ontario Superior court ruling, but the nature of the change is a different story as long as its not a law.
Good luck to you!

 

[sniloc]

Thank you Seym, much appreciated