dual citizenship..? Deceased parent.

[Janet S]

Mom's grandparents were from Wesleyville, Newfoundland from the 1800. Her parents were both born there as were Mom's 5 older siblings. Grandparents came to America while pregnant with her in 1927 and my mom was born in Massachusetts.

I don't think my mom ever applied for her Canadian citizenship and when she passed away in 2011, I didn't find anything in her paperwork. She was very active in genealogy and had a lot of information and data, but no Canadian paperwork. I don't think my grandparents would have registered her birth in Canada (they were poor and that probably wasn't in their radar at the time)

It it too late for me to qualify now?? Most of my cousins have theirs because their parent (mom's siblings) were born there. Seems like there should be an exception.

Thanks for any thoughts or advice.

 

[scylla]

Your cousins' situation is very different than yours since they have a parent who was born in Canada (while your mother was not).

You most likely have no claim to Canadian citizenship since you are the second generation born abroad. What year were you born?

 

[Janet S]

Your cousins' situation is very different than yours since they have a parent who was born in Canada (while your mother was not).

You most likely have no claim to Canadian citizenship since you are the second generation born abroad. What year were you born?

1960.

Thanks.

 

[scylla]

I don't see that you have any claim to citizenship based on the information you have provided. I'm sure others will look and let you know if they see something I've missed.

 

[screech339]

Agree with scylla. The mother's parents were born before newfoundland was part of Canada. They didn't have Canadian citizenship. Plus since your mom was born in 1927 in US before Newfoundland was part of Canada in 1949, your mother still has no claim to Canadian citizenship. Since your mother has no canadian citizenship, you don't have any claim for it either.

The only possible claim is british citizenship since newfoundland was part of british empire when grandparents were born at the time. The mother may have claim to british citizenship on account her parents were british subjects. Even if the mother were able to claim british citizenship, I doubt that you would be able to claim british citizenship. I am not very familiar with british citizenship laws and how to qualify for it through descent.

 

[Janet S]

thank you for your time

 

[cempjwi]

Mom's grandparents were from Wesleyville, Newfoundland from the 1800. Her parents were both born there as were Mom's 5 older siblings. Grandparents came to America while pregnant with her in 1927 and my mom was born in Massachusetts.

I don't think my mom ever applied for her Canadian citizenship and when she passed away in 2011, I didn't find anything in her paperwork. She was very active in genealogy and had a lot of information and data, but no Canadian paperwork. I don't think my grandparents would have registered her birth in Canada (they were poor and that probably wasn't in their radar at the time)

It it too late for me to qualify now?? Most of my cousins have theirs because their parent (mom's siblings) were born there. Seems like there should be an exception.

Thanks for any thoughts or advice.

It will all depend on the dates of different events.
The Canadian Immigration Act of 1910 created the Canadian Citizenship to designate all British subjects born in Canada. However, this would not apply to people born in Newfoundland. The Canadian Citizenship Act of 1946 (effective 1 Jan 1947) conferred Canadian Citizenship immediately on British subjects who were born in Canada; however, this did not apply until April 1, 1949 for persons born in Newfoundland. This seems to apply to your grandparents and your mother because the act included “children born outside Canada to a Canadian father (or mother, if born out of wedlock) before 1947”. However, the same act could have caused the loss of your grandparents’ Canadian citizenship if they naturalized US Citizens, and in turn your mother’s if they naturalized when she was still a minor. Yet, through the Canadian Citizenship Act of 1976, which removed restrictions on dual citizenship, your mother’s Canadian citizenship could have been reinstated. Nevertheless, if your mother was not Canadian at the time of your birth I am not sure how she could have passed it onto you plus you need to deal with the limitations on Canadian citizenship by descend, which may or may not apply to you depending on all your particular circumstances. Citizenship acts and amendments are complex and it is best for you to apply for proof of Canadian citizenship both for your mother and youself. Here are some links that may work for you.

http://www.cic.gc.ca/english/citizenship/rules/
http://www.cic.gc.ca/english/citizenship/rules_2009.asp

 

[cempjwi]

Mom's grandparents were from Wesleyville, Newfoundland from the 1800. Her parents were both born there as were Mom's 5 older siblings. Grandparents came to America while pregnant with her in 1927 and my mom was born in Massachusetts.

I don't think my mom ever applied for her Canadian citizenship and when she passed away in 2011, I didn't find anything in her paperwork. She was very active in genealogy and had a lot of information and data, but no Canadian paperwork. I don't think my grandparents would have registered her birth in Canada (they were poor and that probably wasn't in their radar at the time)

It it too late for me to qualify now?? Most of my cousins have theirs because their parent (mom's siblings) were born there. Seems like there should be an exception.

Thanks for any thoughts or advice.

I found another piece of information which could be a total deal breaker, if there ever was one. The act of 1946 says that Canadian citizenship was conferred to British subjects who were born in Canada (and had not become an alien before 1947). Therefore, if your grandparents became US citizens before 1947 chances are they were not granted Canadian citizenship. Which is interesting though is that you mentioned that your cousins are now Canadian citizens based on the fact that you mother's siblings were born in Newfoundland before 1927. Must have been that your mother's siblings did not naturalized before 1947.

 

[links18]

If I understand correctly, everyone born in what is now Canada is a Canadian citizen as are their offspring in the first generation born abroad. This includes those who might have previously lost their citizenship under provisions of the Citizenship Act that may have been effective in the past.

 

[alphazip]

Your grandparents likely became U.S. citizens at some point, and if they did so before 1949, they would have lost their British subject status at that time and not become Canadian citizens when Newfoundland became part of Canada. However, even if they had become "aliens," the 2015 changes to the Citizenship Act would have given them Canadian citizenship, though they may well have been deceased by then. Your mother (also deceased) would now be a Canadian citizen too, but you are not, because Canadian citizenship is, as of 2009, limited to the first generation born abroad.

As to a potential claim to British citizenship, your grandparents either 1) lost British subject status by becoming U.S. citizens before 1949, or 2) became Canadian citizens in 1949. In either case, any claim to British citizenship that they had would have ended at that point. Your mother, however, was born when her father was still British, so she may have had a claim, IF she had no claim to Canadian citizenship before 1949. (See flow charts here: https://www.gov.uk/government/publications/chapter-2-born-before-1-january-1983-nationality-instructions). The children of British mothers born before 1983 may, under certain circumstances, register as British citizens (https://www.gov.uk/register-british-citizen/born-before-1983-to-british-mother), but this doesn't seem to apply to mothers who are British citizens by descent.

You can use the "Am I a Canadian Citizen" tool here: http://www.cic.gc.ca/english/citizenship/rules/