Descent After Renunciation?

[bfmacd]

I'm trying to find out if I might be Canadian? I was born in 1988 in the USA. My father was born in 1960 in New Brunswick (both of his parents were born in Canada as well, in 1939 and 1943). My father became a US citizen in 1987 (the year before I was born). However, my family thinks he may have formally renounced his citizenship as he works in with the navy (though he's not in the navy).

So we think he may have given up his citizenship just before I was born. Can I still claim descent because he was born in Canada, or does the potential renunciation make me ineligible?

I've seen some suggest that I might still be eligible through my grandparents because I was born before 2009?

Any help is appreciated, thank you.

 

[scylla]

I'm trying to find out if I might be Canadian? I was born in 1988 in the USA. My father was born in 1960 in New Brunswick (both of his parents were born in Canada as well, in 1939 and 1943). My father became a US citizen in 1987 (the year before I was born). However, my family thinks he may have formally renounced his citizenship as he works in with the navy (though he's not in the navy).

So we think he may have given up his citizenship just before I was born. Can I still claim descent because he was born in Canada, or does the potential renunciation make me ineligible?

I've seen some suggest that I might still be eligible through my grandparents because I was born before 2009?

Any help is appreciated, thank you.

If he formally gave up citizenship before you were born, then you would not be able to claim citizenship by descent through him. And no - not possible through your grandparents.

However I suspect he didn't actually give up his citizenship. He can try the process below to confirm:

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

 

[hawk39]

I'm trying to find out if I might be Canadian? I was born in 1988 in the USA. My father was born in 1960 in New Brunswick (both of his parents were born in Canada as well, in 1939 and 1943). My father became a US citizen in 1987 (the year before I was born). However, my family thinks he may have formally renounced his citizenship as he works in with the navy (though he's not in the navy).

So we think he may have given up his citizenship just before I was born. Can I still claim descent because he was born in Canada, or does the potential renunciation make me ineligible?

I've seen some suggest that I might still be eligible through my grandparents because I was born before 2009?

Any help is appreciated, thank you.

Under Part II of the 1977 Act:

'Loss Of Citizenship

No loss except as herein provided

7 A person who is a citizen shall not cease to be a citizen except in accordance with this Part.

Citizens born abroad
8 Where a person who was born outside Canada after February 14, 1977 is a citizen for the reason that at the time of his birth one of his parents was a citizen by virtue of paragraph 3(1)(b) or (e), that person ceases to be a citizen on attaining the age of twenty-eight years unless that person

• (a) makes application to retain his citizenship; and
  
• (b) registers as a citizen and either resides in Canada for a period of at least one year immediately preceding the date of his application or establishes a substantial connection with Canada.

Renunciation of citizenship
9 (1) A citizen may, on application, renounce his citizenship if he

• (a) is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada;
• (b) is not the subject of a declaration by the Governor in Council made pursuant to section 20;
• (c) is not a minor;
• (d) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability; and
• (e) does not reside in Canada.

Ministerial discretion to waive requirements
(2) The Minister may, in the Minister’s discretion, waive on compassionate grounds the requirements of paragraph (1)(d) or (e).

Certificate of renunciation
(3) Where an application for renunciation is approved, the Minister shall issue a certificate of renunciation to the applicant and the applicant ceases to be a citizen after the expiration of the day on which the certificate is issued or such later day as the certificate may specify.

Order in cases of fraud
10 (1) Subject to section 18 but notwithstanding any other section of this Act, where the Governor in Council, on a report from the Minister, is satisfied that any person has obtained, retained, renounced or resumed citizenship under this Act by false representation or fraud or by knowingly concealing material circumstances,

• (a) the person ceases to be a citizen, or
• (b) the renunciation of citizenship by the person shall be deemed to have had no effect,

as of such date as may be fixed by order of the Governor in Council with respect thereto.

Presumption
(2) A person shall be deemed to have obtained citizenship by false representation or fraud or by knowingly concealing material circumstances if the person was lawfully admitted to Canada for permanent residence by false representation or fraud or by knowingly concealing material circumstances and, because of that admission, the person subsequently obtained citizenship.'

This part basically says that a Canadian will not lose their citizenship unless they fail to apply for retention as a second generation born abroad (paragraph 8), obtained it through fraud and misrepresentation (paragraph 10), or, for your question, by renunciation (paragraph 9). Note the keywords in paragraph 9, "on application", meaning that the person has to apply for renunciation; so unless your father had filled out the renunciation paperwork, appeared before a Canadian official to declare his willful desire to no longer be a Canadian citizen, and received a renunciation certificate as described under 9(3), he was still a Canadian citizen when you were born and you are eligible to apply for citizenship by descent through him. Congratulations.