Claim to Citizenship by Decent

[cchsak]

Hello!

I am hoping to get some advice about whether I should apply for proof of citizenship regarding my family's claim to Canadian citizenship.

My grandmother was born in 1944 (outside of Canada) to her mother who was born in Canada and who was married to an American before 1947. The American husband (my great great grandfather) has parents that were born in Canada. So he's presumably Canadian as well by Birth.

My mom was born in the United States in 1975 to a Canadian (presumably from above) and an American father. Her birth was never registered and she failed to retain her citizenship by her 28th birthday. Does anyone know if she received citizenship at birth?

Since I was born in 1998 when she was 22, do I have a claim to Canadian citizenship?

 

[screech339]

Hello!

I am hoping to get some advice about whether I should apply for proof of citizenship regarding my family's claim to Canadian citizenship.

My grandmother was born in 1944 (outside of Canada) to her mother who was born in Canada and who was married to an American before 1947. The American husband (my great great grandfather) has parents that were born in Canada. So he's presumably Canadian as well by Birth.

My mom was born in the United States in 1975 to a Canadian (presumably from above) and an American father. Her birth was never registered and she failed to retain her citizenship by her 28th birthday. Does anyone know if she received citizenship at birth?

Since I was born in 1998 when she was 22, do I have a claim to Canadian citizenship?

Your mother never had Canadian citizenship since she was never registered as Canadian. But she gained her citizenship under the new 2009 citizenship law. However since your mother didn't have Canadian citizenship AT THE TIME OF YOUR BIRTH, she cannot pass on her citizenship to you now.

BTW: The 2009 law recognized your mother's citizenship from her birth since 2009 law change. But it doesn't apply retroactively. Meaning just because the law says she has citizenship from birth under 2009 law doesn't mean she has citizenship at the time of your birth.

 

[scylla]

Agreed. Your mother may be a citizen. But there's no way you are.

 

[screech339]

she failed to retain her citizenship by her 28th birthday. Does anyone know if she received citizenship at birth?

BTW: There is no way she failed to retain her citizenship by 28th birthday if she never had it in the first place.

Your mother would have had citizenship had her Canadian parent (your grandmother) registered her birth and citizenship to Canadian authorities. Once the grandmother registered your mother's birth and citizenship, only then does your mother had until her 28th birthday to retain it. If your mother failed to retain her citizenship by 28th birthday, you would still not get citizenship by descent. Your mother did not have Canadian citizenship at time of your birth. If your mother did then retain her Canadian citizenship by her 28th birthday, only then would you have ability to claim Canadian citizenship by descent since you were born before the 2009 law.

 

[alphazip]

Your mother never had Canadian citizenship since she was never registered as Canadian. But she gained her citizenship under the new 2009 citizenship law. However since your mother didn't have Canadian citizenship AT THE TIME OF YOUR BIRTH, she cannot pass on her citizenship to you now.

BTW: The 2009 law recognized your mother's citizenship from her birth since 2009 law change. But it doesn't apply retroactively. Meaning just because the law says she has citizenship from birth under 2009 law doesn't mean she has citizenship at the time of your birth.

There's also the issue that women could not pass Canadian citizenship on to their foreign-born children until 1977. So, if you're basing your grandmother's citizenship on being born to a Canadian mother in 1944, that did not give her citizenship. You also mention that your grandmother's father, though an American, had Canadian parents. So, we would have to consider whether that man (your great-grandfather) became a Canadian citizen in 1947. I just looked at the original act, and he would only have become a citizen if he was a resident of Canada or was a minor in 1947. Since I don't think he was either, he was not a Canadian citizen.

In 2015, amendments to the act were passed that give Canadian citizenship to a person born before 1947 to a Canadian-born mother. So, I would say that your grandmother, if still living, is now a Canadian citizen. However, your mother was never a Canadian citizen and did not become one in 2009 or 2015. You are not a Canadian citizen either.

 

[alphazip]

BTW: There is no way she failed to retain her citizenship by 28th birthday if she never had it in the first place.

Your mother would have had citizenship had her Canadian parent (your grandmother) registered her birth and citizenship to Canadian authorities. Once the grandmother registered your mother's birth and citizenship, only then does your mother had until her 28th birthday to retain it. If your mother failed to retain her citizenship by 28th birthday, you would still not get citizenship by descent. Your mother did not have Canadian citizenship at time of your birth. If your mother did then retain her Canadian citizenship by her 28th birthday, only then would you have ability to claim Canadian citizenship by descent since you were born before the 2009 law.

A woman could not register her child's birth abroad...that is, unless she was an unmarried woman (single mother). Only fathers (in wedlock) could pass citizenship on to their foreign-born children at that time. In this case, though, the mother (the OP's grandmother) was not even a Canadian citizen (though she is now).

 

[cchsak]

So does this apply?

cic.gc.ca/english/resources/tools/cit/acquisition/acquisition.asp

First generation born outside Canada who was granted Canadian citizenship before April 17, 2009 [paragraph 3(1)(h)]
Citizen’s date of birth: between January 1, 1947, and February 14, 1977

Paragraph 3(1)(h) recognizes as Canadian citizens persons born outside Canada to a Canadian parent between January 1, 1947, and February 14, 1977, and who did not become citizens by descent, but who were granted citizenship under section 5 of the 1977 Act before April 17, 2009. Under this paragraph, such persons are recognized as citizens by descent as a result of the legislative amendments on April 17, 2009, instead of citizens by way of grant [pursuant to subsection 3(6)], and their citizenship is retroactive to their date of birth [pursuant to paragraph 3(7)(e)].

A person is also a Canadian citizen pursuant to paragraph 3(1)(h) in situations where

that person was previously granted citizenship under section 5 of the 1977 Act before April 17, 2009 [and is not subject to subsections 3(2.2) and 3(2.4)];
that person was also born outside Canada between January 1, 1947, and February 14, 1977, to a parent who was born before January 1, 1947 (or April 1, 1949 in the case of Newfoundland and Labrador); and
that parent became a Canadian citizen as a result of the legislative amendments on June 11, 2015 and is now a person described in one of paragraphs 3(1)(k) to (n).
Pursuant to subsection 3(3), persons who are born outside Canada after the first generation to a parent who became a Canadian citizen under paragraphs 3(1)(o) to (r) on June 11, 2015, did not become citizens by descent under paragraph 3(1)(h) [i.e., they are subject to subsection 3(3)], unless one of the exceptions to the first-generation limit to citizenship by descent described in subsection 3(5) of the Act applies. Persons who are citizens under paragraph 3(1)(h) are deemed to have been citizens since their birth [pursuant to paragraph 3(7)(e)] and are deemed never to have been a citizen by way of grant pursuant to subsection 3(6).

 

[alphazip]

So does this apply?

cic.gc.ca/english/resources/tools/cit/acquisition/acquisition.asp

First generation born outside Canada who was granted Canadian citizenship before April 17, 2009 [paragraph 3(1)(h)]
Citizen’s date of birth: between January 1, 1947, and February 14, 1977

Paragraph 3(1)(h) recognizes as Canadian citizens persons born outside Canada to a Canadian parent between January 1, 1947, and February 14, 1977, and who did not become citizens by descent, but who were granted citizenship under section 5 of the 1977 Act before April 17, 2009. Under this paragraph, such persons are recognized as citizens by descent as a result of the legislative amendments on April 17, 2009, instead of citizens by way of grant [pursuant to subsection 3(6)], and their citizenship is retroactive to their date of birth [pursuant to paragraph 3(7)(e)].

A person is also a Canadian citizen pursuant to paragraph 3(1)(h) in situations where

that person was previously granted citizenship under section 5 of the 1977 Act before April 17, 2009 [and is not subject to subsections 3(2.2) and 3(2.4)];
that person was also born outside Canada between January 1, 1947, and February 14, 1977, to a parent who was born before January 1, 1947 (or April 1, 1949 in the case of Newfoundland and Labrador); and
that parent became a Canadian citizen as a result of the legislative amendments on June 11, 2015 and is now a person described in one of paragraphs 3(1)(k) to (n).
Pursuant to subsection 3(3), persons who are born outside Canada after the first generation to a parent who became a Canadian citizen under paragraphs 3(1)(o) to (r) on June 11, 2015, did not become citizens by descent under paragraph 3(1)(h) [i.e., they are subject to subsection 3(3)], unless one of the exceptions to the first-generation limit to citizenship by descent described in subsection 3(5) of the Act applies. Persons who are citizens under paragraph 3(1)(h) are deemed to have been citizens since their birth [pursuant to paragraph 3(7)(e)] and are deemed never to have been a citizen by way of grant pursuant to subsection 3(6).

I'm sorry, but I don't know exactly what you're asking. No one in your family (that I know of) was "granted" citizenship. "Granted" means that a person applied for citizenship and received a paper or card stating that they are a citizen.

 

[cchsak]

I'm sorry, but I don't know exactly what you're asking. No one in your family (that I know of) was "granted" citizenship. "Granted" means that a person applied for citizenship and received a paper or card stating that they are a citizen.

Lol I just re-read it and it makes no sense. I was just wondering if anyone had any insight as to what this means

 

[alphazip]

Lol I just re-read it and it makes no sense. I was just wondering if anyone had any insight as to what this means

It means that if you applied for and were granted citizenship before 2009, but then became a citizen by descent according to the new law, you are a considered a citizen from birth and not from the date of the grant. In other words, the grant is ignored.