Confusion about Citizenship by Descent

[william.marshall]

Hey everyone!
My situation is extremely complex, regarding my own status as a Canadian Citizen and I was hoping I could get some clarification as to whether or not I am one. My mother was born in Canada in 1970 and received citizenship by Birth. Two years later, my grandparents (who were both Australian) decided to move back to Australia. After living in Australia for 5 years, my mother was then naturalised as an Australian citizen. I believe that at the time, her Canadian citizenship would have been renounced automatically (as dual citizenships were not allowed). I was born in Australia in 2000. I’m just extremely confused as to where I stand after the 2009 and 2015 amendments. Any help would be greatly appreciated!!
Thanks guys

 

[zardoz]

Hey everyone!
My situation is extremely complex, regarding my own status as a Canadian Citizen and I was hoping I could get some clarification as to whether or not I am one. My mother was born in Canada in 1970 and received citizenship by Birth. Two years later, my grandparents (who were both Australian) decided to move back to Australia. After living in Australia for 5 years, my mother was then naturalised as an Australian citizen. I believe that at the time, her Canadian citizenship would have been renounced automatically (as dual citizenships were not allowed). I was born in Australia in 2000. I’m just extremely confused as to where I stand after the 2009 and 2015 amendments. Any help would be greatly appreciated!!
Thanks guys

As I understand it, unless your mother explicitly renounced her Canadian citizenship to the Canadian authorities, she probably still has Canadian citizenship. If that holds, you will be Canadian by first generation descent.

 

[william.marshall]

As I understand it, unless your mother explicitly renounced her Canadian citizenship to the Canadian authorities, she probably still has Canadian citizenship. If that holds, you will be Canadian by first generation descent.

Thanks so much for your reply! She doesn’t think she explicitly renounced it so fingers crossed. It’s such an intricate Act, it can be hard to predict an outcome.

 

[zardoz]

Thanks so much for your reply! She doesn’t think she explicitly renounced it so fingers crossed. It’s such an intricate Act, it can be hard to predict an outcome.

Agreed. The correct procedure for both of you is to formally apply for a Citizenship Certificate and let IRCC work through the specifics of the case. There are nuances relating to the automatic loss of citizenship via naturalization in another country under the 1947 Act but whether this applies to your mother's circumstances is unclear. I suggest that she applies first to determine her own status and depending on the outcome, you apply.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html

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

 

[zardoz]

Hmm.. After doing some more research on the question, because the Australian naturalization was voluntarily done, the 1947 might have kicked in for loss of Canadian citizenship. I may have been incorrect about it needing to be explicitly renounced after all, for the period 1947-1977. Follow the instructions on the IRCC website in the links I provided. It's the only way to find out for sure.

For what it's worth, I believe that after all this is sorted out, both you and your mother will be Canadian citizens. As far as I can tell, what the 1947 Act took away, the later Acts restored to both of you.

 

[hawk39]

Hey everyone!
My mother was born in Canada in 1970 and received citizenship by Birth. Two years later, my grandparents (who were both Australian) decided to move back to Australia. After living in Australia for 5 years, my mother was then naturalised as an Australian citizen. I believe that at the time, her Canadian citizenship would have been renounced automatically (as dual citizenships were not allowed).

So born in 1970 + 2 years in Canada + 5 years in Australia = Your mother became an Australian citizen in 1977? If she acquired Australian citizenship after February 15, 1977, then the 1977 Citizenship Act overrode the 1946 Citizenship Act; which means dual citizenship was allowed and she never lost her Canadian citizenship in 1977, as indicated with the omission of Part III subsection 16 of the 1946 Act to the 1977 Act under any text of Part II. So this means she was still an Canadian citizen in 1977 and still is.

If she acquired Australian citizenship before the 1977 Act commenced, then she lost her Canadian citizenship automatically under Part III, subsection 16 of the 1946 Act. But in 2009, she regained it as a "lost Canadian" and became a citizen under Paragraph 3(1)(f) of the current Citizenship Act, retroactive to the date of loss.

In either case, you're a first generation Canadian citizen by descent under 3(1)(b) of the current Citizenship Act, and are eligible to apply for proof of Canadian citizenship .

 

[Apachewolf]

Get a copy of your mother's Canadian BC and apply for Proof of Citizenship. If she was Canadian citizen when you were born, then you will be citizen 1st generation born abroad. It takes about 5 months before they make decision and send you Certificate of Citizenship. Same process I went through recently.

 

[hawk39]

If she was Canadian citizen when you were born, then you will be citizen 1st generation born abroad.

There is no "if". The OP's mother is a Canadian citizen, either under 3(1)(d) [citizenship under the 1947 Act] or 3(1)(f) [automatic resumption of citizenship lost due to previous legislation, retroactive to the date of loss] of the current Citizenship Act, and the OP is a first generation citizen by descent.

 

[Apachewolf]

There is no "if". The OP's mother is a Canadian citizen, either under 3(1)(d) [citizenship under the 1947 Act] or 3(1)(f) [automatic resumption of citizenship lost due to previous legislation, retroactive to the date of loss] of the current Citizenship Act, and the OP is a first generation citizen by descent.

Your are correct there is no if.