Establishing Canadian Citizenship By Descent As An Adult

[heelots]

Thanks for the info...but just to clarify (and hopefully not seem like a pest )...

...at the time of my birth in 1959, my born-in-Canada-in-1919 mother was already a naturalized U.S. citizen, having become naturalized in the U.S. in 1946 (e.g., prior to January 1, 1947, if that makes any difference).

I ask because I've looked at the CIT 0001 form, as well as the Document Checklist (CIT 0014). The Checklist lists various scenarios to guide the Applicant into providing the necessary paperwork. I fall under Scenario 3, which states that I'll have to provide "proof that one or both of your natural parents were Canadian citizens when you were born" (emphasis mine).

That's why I wonder if it's still possible I might be eligible for Canadian citizenship-by-descent.

My mother was not a Canadian citizen at the time I was born in 1959 (since she was naturalized a U.S. citizen in 1946), so this seems to contradict the idea that I might be eligible for citizenship-by-descent.

Am I interpreting this correctly?

Thank you.

...and by the way, I realize that the certain way of finding out would be to just submit the application and see what happens...

...but if my citizenship-by-descent case looks unlikely, I'm hoping the expertise of the folks on this board can save me the time and the several hundred dollars (collecting certified copies of birth certificates, application fee, etc.) it would cost to "just submit and see."

Thanks!

 

[alphazip]

Thanks for the info...but just to clarify (and hopefully not seem like a pest )...

...at the time of my birth in 1959, my born-in-Canada-in-1919 mother was already a naturalized U.S. citizen, having become naturalized in the U.S. in 1946 (e.g., prior to January 1, 1947, if that makes any difference).

I ask because I've looked at the CIT 0001 form, as well as the Document Checklist (CIT 0014). The Checklist lists various scenarios to guide the Applicant into providing the necessary paperwork. I fall under Scenario 3, which states that I'll have to provide "proof that one or both of your natural parents were Canadian citizens when you were born" (emphasis mine).

That's why I wonder if it's still possible I might be eligible for Canadian citizenship-by-descent.

My mother was not a Canadian citizen at the time I was born in 1959 (since she was naturalized a U.S. citizen in 1946), so this seems to contradict the idea that I might be eligible for citizenship-by-descent.

Am I interpreting this correctly?

Thank you.

Again, as of the changes to the Citizenship Act made in 2009 and 2015, virtually everyone born to a parent who was born in Canada at any time is a Canadian citizen. It no longer matters when your mother took U.S. citizenship, before or after 1947, or before or after you were born, as long as she did not renounce her citizenship to Canadian authorities, which is very unlikely.

This refers to your situation: http://www.cbc.ca/news/politics/additional-lost-canadians-to-receive-citizenship-on-june-11-1.3102665

Your mother was born in Canada before 1947 and did not become a Canadian citizen on January 1, 1947, because she had become a U.S. citizen. Citizenship was given to her, and you as the first generation born abroad, as of June 11, 2015.

 

[heelots]

Again, as of the changes to the Citizenship Act made in 2009 and 2015, virtually everyone born to a parent who was born in Canada at any time is a Canadian citizen. It no longer matters when your mother took U.S. citizenship, before or after 1947, or before or after you were born, as long as she did not renounce her citizenship to Canadian authorities, which is very unlikely.

This refers to your situation: {LINK removed}

Your mother was born in Canada before 1947 and did not become a Canadian citizen on January 1, 1947, because she had become a U.S. citizen. Citizenship was given to her, and you as the first generation born abroad, as of June 11, 2015.

THANK YOU ALPHAZIP!

I'll submit my application, and when I get a determination, I'll report back!

 

[heelots]

Just to bring this full-circle, I'm reporting back to say that my citizenship application was just recently approved and my Citizenship Certificate has been sent!

Thanks to everyone for the help!

 

[KerryM]

Here in Australia a lot of politicians are currently being caught out being dual citizens. I thought how could they not know!!! So I started doing a bit of research myself and actually discovered, much to my surprise, I am also a dual citizen. I always knew I could easily get a visa for Canada, thanks to Mum being Canadian, but never thought I would automatically be considered a citizen. My mum was born in Canada to British parents in 1952. When she was 12 she moved with her family to Australia and had me in 1973 whilst still a Canadian citizen. She became an Australian citizen after me and all of my siblings were born. I visited Canada for the first time ever only a couple of weeks ago and now I actually find myself to officially be Canadian as well! Thanks Canada

 

[hawk39]

Here in Australia a lot of politicians are currently being caught out being dual citizens. I thought how could they not know!!! So I started doing a bit of research myself and actually discovered, much to my surprise, I am also a dual citizen. I always knew I could easily get a visa for Canada, thanks to Mum being Canadian, but never thought I would automatically be considered a citizen. My mum was born in Canada to British parents in 1952. When she was 12 she moved with her family to Australia and had me in 1973 whilst still a Canadian citizen. She became an Australian citizen after me and all of my siblings were born. I visited Canada for the first time ever only a couple of weeks ago and now I actually find myself to officially be Canadian as well! Thanks Canada

Congratulations! Now make it official by applying and obtaining a Canadian citizenship certificate.

 

[AusJean]

Like KerryM I am also now living in Australia. As Jackie Lambie became the latest Federal Politician to resign in the Dual Citizenship Fiasco I thought how could she not know that having a Scottish father would give her British Citizenship!

But then I thought I'd better do some checking myself, as though I was born and grew up in the UK my father was actually born in Canada. He didn't stay there for long as his parents moved to the UK soon after his birth in the 1920's and he remained in the UK for the rest of his life. I and my siblings were born in the 1950s in the UK but our births weren't registered with the Canadian authorities. I have a somewhat vague recollection that we looked into our Canadian situation when I was still in my teens and were told we were not Canadian and had no special claims in regard to Canada.

Reading this forum and checking the Am I Canadian Tool on the CIC website it looks like I am 'probably Canadian' now due to the 2009 changes (that I was completely unaware of until this week).

 

[alphazip]

Like KerryM I am also now living in Australia. As Jackie Lambie became the latest Federal Politician to resign in the Dual Citizenship Fiasco I thought how could she not know that having a Scottish father would give her British Citizenship!

But then I thought I'd better do some checking myself, as though I was born and grew up in the UK my father was actually born in Canada. He didn't stay there for long as his parents moved to the UK soon after his birth in the 1920's and he remained in the UK for the rest of his life. I and my siblings were born in the 1950s in the UK but our births weren't registered with the Canadian authorities. I have a somewhat vague recollection that we looked into our Canadian situation when I was still in my teens and were told we were not Canadian and had no special claims in regard to Canada.

Reading this forum and checking the Am I Canadian Tool on the CIC website it looks like I am 'probably Canadian' now due to the 2009 changes (that I was completely unaware of until this week).

Correct, you're a Canadian citizen as of 2009, but retroactive to your date of birth. Still, if you have any children, they did not inherit Canadian citizenship.

 

[benjamin9595]

Hi,

My mother was born in Canada in 1969 but moved to Europe with her parents soon after she was born and never returned back. At the time of my birth she was a Dual Canadian citizen, but soon after my birth she had to renounce her Canadian citizenship due to legal provisions in Europe at the time. Does this make me a Canadian citizen by descent?
Cheers

 

[alphazip]

Hi,

My mother was born in Canada in 1969 but moved to Europe with her parents soon after she was born and never returned back. At the time of my birth she was a Dual Canadian citizen, but soon after my birth she had to renounce her Canadian citizenship due to legal provisions in Europe at the time. Does this make me a Canadian citizen by descent?
Cheers

Because you were born abroad after 1977 to a Canadian citizen, you became a Canadian citizen at birth. The fact that your mother formally renounced her citizenship to the Canadian government after your birth did not deprive you of your Canadian citizenship.

 

[aliozhiya]

I've been following along here and since no one really has spoken of grandparents being born in Canda I will give the situation I am wondering about. My husband's grandfather was born in 1896 in Canda then came to the USA sometime after 1913 and joined the military and served during WWI & WWII and I made sure to double check his draft records and he lists he was born in Canda and nothing was ever mentioned about being a US citizen or ever being naturalized as one. Also, there are no records of my husband's grandfather ever becoming a US citizen or being naturalized after his military service. Every census record he is in he is listed as being born in Canda and also as a Canadian citizen. I do know he kept close contact with his family in Canadian and went to visit all the time. I just do not know if he ever established anything after 1947. My husband's father was born in 1929 and was born in Buffalo but he is now deceased and we do not know if he was ever registered altho he also kept close ties and contact with his family in Canada and anything that mentions his father like his birth and death records lists his father as Canadian. Which brings me to my husband that was born in 1972... Since that was before the act of limiting Canadian citizenship to the first generation would he be considered Canadian or be able to claim citizenship via a certificate? If so then by the 2009 act then only 2 of my children are eligible for citizenship as they were born before 2009 and my youngest was born in October 2009.

I just wanted to double check before trying to send off for a record search. There is something that is wondering how to deal with and maybe some advice can be given. First, my husband's grandfather's name was misspelt on his birth record and being it was in 1896 it was handwritten and never fixed. Secondly, his surname is Canada was German and was changed when coming to the USA to a name I wouldn't of related to the original surname. I am not sure how to get around the surname change and prove it's the same person in Canada as well in the USA. Any advice on how to handle that?

Last but not least when obtaining the Canadian Citizenship certificate do I obtain my husband's grandfather & father's birth record to send with my husbands and children or do I have to do each one separately? I am concerned about the name change and proving the family ties.

Thanks!

 

[PMM]

Hi

I've been following along here and since no one really has spoken of grandparents being born in Canda I will give the situation I am wondering about. My husband's grandfather was born in 1896 in Canda then came to the USA sometime after 1913 and joined the military and served during WWI & WWII and I made sure to double check his draft records and he lists he was born in Canda and nothing was ever mentioned about being a US citizen or ever being naturalized as one. Also, there are no records of my husband's grandfather ever becoming a US citizen or being naturalized after his military service. Every census record he is in he is listed as being born in Canda and also as a Canadian citizen. I do know he kept close contact with his family in Canadian and went to visit all the time. I just do not know if he ever established anything after 1947. My husband's father was born in 1929 and was born in Buffalo but he is now deceased and we do not know if he was ever registered altho he also kept close ties and contact with his family in Canada and anything that mentions his father like his birth and death records lists his father as Canadian. Which brings me to my husband that was born in 1972... Since that was before the act of limiting Canadian citizenship to the first generation would he be considered Canadian or be able to claim citizenship via a certificate? If so then by the 2009 act then only 2 of my children are eligible for citizenship as they were born before 2009 and my youngest was born in October 2009.

I just wanted to double check before trying to send off for a record search. There is something that is wondering how to deal with and maybe some advice can be given. First, my husband's grandfather's name was misspelt on his birth record and being it was in 1896 it was handwritten and never fixed. Secondly, his surname is Canada was German and was changed when coming to the USA to a name I wouldn't of related to the original surname. I am not sure how to get around the surname change and prove it's the same person in Canada as well in the USA. Any advice on how to handle that?

Last but not least when obtaining the Canadian Citizenship certificate do I obtain my husband's grandfather & father's birth record to send with my husbands and children or do I have to do each one separately? I am concerned about the name change and proving the family ties.

Thanks!

1. It is quite likely your husband is not a Citizen. Try the "Am I Canadian Tool" https://na1se.voxco.com/SE/56/amicanadiansuisjecanadien/?lang=en&tui=auto
2. Unless you spouse's father was registered as a Canadian, then your spouse is not one.
3. Yes, you would need all 3 birth certificates if he intends to apply for proof. Proving the name change is going to be difficult without any documentation.

 

[alphazip]

I've been following along here and since no one really has spoken of grandparents being born in Canda I will give the situation I am wondering about. My husband's grandfather was born in 1896 in Canda then came to the USA sometime after 1913 and joined the military and served during WWI & WWII and I made sure to double check his draft records and he lists he was born in Canda and nothing was ever mentioned about being a US citizen or ever being naturalized as one. Also, there are no records of my husband's grandfather ever becoming a US citizen or being naturalized after his military service. Every census record he is in he is listed as being born in Canda and also as a Canadian citizen. I do know he kept close contact with his family in Canadian and went to visit all the time. I just do not know if he ever established anything after 1947. My husband's father was born in 1929 and was born in Buffalo but he is now deceased and we do not know if he was ever registered altho he also kept close ties and contact with his family in Canada and anything that mentions his father like his birth and death records lists his father as Canadian. Which brings me to my husband that was born in 1972... Since that was before the act of limiting Canadian citizenship to the first generation would he be considered Canadian or be able to claim citizenship via a certificate? If so then by the 2009 act then only 2 of my children are eligible for citizenship as they were born before 2009 and my youngest was born in October 2009.

I just wanted to double check before trying to send off for a record search. There is something that is wondering how to deal with and maybe some advice can be given. First, my husband's grandfather's name was misspelt on his birth record and being it was in 1896 it was handwritten and never fixed. Secondly, his surname is Canada was German and was changed when coming to the USA to a name I wouldn't of related to the original surname. I am not sure how to get around the surname change and prove it's the same person in Canada as well in the USA. Any advice on how to handle that?

Last but not least when obtaining the Canadian Citizenship certificate do I obtain my husband's grandfather & father's birth record to send with my husbands and children or do I have to do each one separately? I am concerned about the name change and proving the family ties.

Thanks!

If your husband's grandfather was born in Canada and had not become a U.S. citizen by January 1, 1947, he would have become a Canadian citizen on that date. If your husband's father was born in the U.S to a British subject father, he would also have become a Canadian citizen in 1947, but lost that citizenship in his early 20s...unless he asserted (retained) his Canadian citizenship and renounced his U.S. citizenship. So, by the time your husband was born, his father was not a Canadian citizen. Because your husband was not born to a father who was born in Canada, the 2009 changes to the Citizenship Act did not make your husband a Canadian citizen, though they would have returned citizenship to his father, if he had been living. Your children were not born to a Canadian citizen, so they are not Canadian citizens.

 

[aliozhiya]

If your husband's grandfather was born in Canada and had not become a U.S. citizen by January 1, 1947, he would have become a Canadian citizen on that date. If your husband's father was born in the U.S to a British subject father, he would also have become a Canadian citizen in 1947, but lost that citizenship in his early 20s...unless he asserted (retained) his Canadian citizenship and renounced his U.S. citizenship. So, by the time your husband was born, his father was not a Canadian citizen. Because your husband was not born to a father who was born in Canada, the 2009 changes to the Citizenship Act did not make your husband a Canadian citizen, though they would have returned citizenship to his father, if he had been living. Your children were not born to a Canadian citizen, so they are not Canadian citizens.

So, in 1947 my husband's grandfather's British subject status would have transferred into Canadian citizenship in 1947 as well as his son that was born in the U.S. in 1929 also became a Canadian citizen in 1947 along with his father? I am wondering if the first generation rule would apply to my husband's father or since he was alive and an adult when they implemented the citizen act in 1947. I am confused about it... Because would both just become citizens at the same time or my husband's grandfather by way of grant.

I believe I read that some people that were born to Canadian parents outside of Canada were able to get past and not be considered the first generation.

What am I trying to ask is if my husband's father was able to claim citizenship would his of been considered the same as his father's since they both could have obtained it at the same time when it first came into use?

 

[alphazip]

So, in 1947 my husband's grandfather's British subject status would have transferred into Canadian citizenship in 1947 as well as his son that was born in the U.S. in 1929 also became a Canadian citizen in 1947 along with his father? I am wondering if the first generation rule would apply to my husband's father or since he was alive and an adult when they implemented the citizen act in 1947. I am confused about it... Because would both just become citizens at the same time or my husband's grandfather by way of grant.

I believe I read that some people that were born to Canadian parents outside of Canada were able to get past and not be considered the first generation.

What am I trying to ask is if my husband's father was able to claim citizenship would his of been considered the same as his father's since they both could have obtained it at the same time when it first came into use?

Under the first Canadian Citizenship Act, a person born in Canada (even if not living in Canada) automatically became a Canadian citizen on January 1, 1947, unless the person had taken another citizenship before then. A Canadian man's child, born abroad in wedlock (or a Canadian woman's child, born abroad out of wedlock), who was already born, but a minor (under 21) on January 1, 1947, also became a citizen on that day. However, the child had to confirm his/her citizenship and renounce any foreign citizenship within one year of reaching adulthood. Your husband's grandfather was 17 on January 1, 1947, so considered a minor. Since I'm sure that your husband's father would not have renounced his U.S. citizenship, he would have lost his Canadian citizenship when he turned 22. So, he was not a Canadian citizen when your husband was born, which means that your husband never became a Canadian citizen. Even if your husband's father was a Canadian citizen in 1972, your husband's birth would have had to be registered for him to have become a Canadian citizen. While there are situations where a grandparent's birth in Canada leads to a person inheriting Canadian citizenship, everyone in this scenario was born too early for that to work out in this case.