Establishing Canadian Citizenship By Descent As An Adult

[marilugia]

Canadian Citizenship By Descent

Hi, I have a few questions....my husband was born in Canada in 1962 and when he was 13 he came back to Italy with his family. Now we have two sons who love Canada and wish to go and study there. Can they ask for a certificate of citizenship ? they are 18 and 20. Thanks
p.s. My husband has his birth certificate...please help me !!!

 

[Leon]

Unless your husbands parents were diplomats or military stationed in Canada, your husband would be a Canadian citizen.

Your sons would have to apply for citizenship certificates, see http://www.cic.gc.ca/english/citizenship/proof-how.asp

Do this through the Canadian embassy. When they get the citizenship certificates, they can apply for Canadian passports and go to Canada.

 

[StrongEagle]

Resurrecting an older but relevant topic. My daughter asked me the other day if she was a citizen of Canada. Asking Professor Google seems to result in the answer, "YES".

However, having come upon this forum as part of my research, I place the data in front of your for evaluation and comment.

I was born in Vancouver, Canada in 1949 to a mother born in Canada and a father emigrated from the UK at age 3 (British Subject until the 1947 law, if I recall, at which time he became a Canadian citizen as well).

My family moved to the United States in 1965, and except for occasional visits, I have not returned to Canada. I became a naturalized US citizen in 1978, but confirmed Canadian citizenship and obtained my Canadian passport a few years after that, with a renewal again in 2004, now expired.

My daughter was born in the USA in 1969. I failed to make any registration for her at the Canadian embassy, and for many years, I thought this meant that she was denied Canadian citizenship by right of descent, first generation.

But now I see that a 1977 law changed that... even if I failed to register her, she is still a Canadian by descent and can apply for a citizenship certificate. I might add that my daughter has never been to Canada but was interested in a potential move for a variety of reasons.

Do I have that right?

TIA

 

[PMM]

HI

Resurrecting an older but relevant topic. My daughter asked me the other day if she was a citizen of Canada. Asking Professor Google seems to result in the answer, "YES".

However, having come upon this forum as part of my research, I place the data in front of your for evaluation and comment.

I was born in Vancouver, Canada in 1949 to a mother born in Canada and a father emigrated from the UK at age 3 (British Subject until the 1947 law, if I recall, at which time he became a Canadian citizen as well).

My family moved to the United States in 1965, and except for occasional visits, I have not returned to Canada. I became a naturalized US citizen in 1978, but confirmed Canadian citizenship and obtained my Canadian passport a few years after that, with a renewal again in 2004, now expired.

My daughter was born in the USA in 1969. I failed to make any registration for her at the Canadian embassy, and for many years, I thought this meant that she was denied Canadian citizenship by right of descent, first generation.

But now I see that a 1977 law changed that... even if I failed to register her, she is still a Canadian by descent and can apply for a citizenship certificate. I might add that my daughter has never been to Canada but was interested in a potential move for a variety of reasons.

Do I have that right?

TIA

1, Yes she is, so she has to apply for proof of citizenship

 

[alphazip]

Resurrecting an older but relevant topic. My daughter asked me the other day if she was a citizen of Canada. Asking Professor Google seems to result in the answer, "YES".

However, having come upon this forum as part of my research, I place the data in front of your for evaluation and comment.

I was born in Vancouver, Canada in 1949 to a mother born in Canada and a father emigrated from the UK at age 3 (British Subject until the 1947 law, if I recall, at which time he became a Canadian citizen as well).

My family moved to the United States in 1965, and except for occasional visits, I have not returned to Canada. I became a naturalized US citizen in 1978, but confirmed Canadian citizenship and obtained my Canadian passport a few years after that, with a renewal again in 2004, now expired.

My daughter was born in the USA in 1969. I failed to make any registration for her at the Canadian embassy, and for many years, I thought this meant that she was denied Canadian citizenship by right of descent, first generation.

But now I see that a 1977 law changed that... even if I failed to register her, she is still a Canadian by descent and can apply for a citizenship certificate. I might add that my daughter has never been to Canada but was interested in a potential move for a variety of reasons.

Do I have that right?

TIA

Your daughter is a Canadian citizen, but not because of a 1977 law (the 1977 Citizenship Act was not retroactive), but rather because of a law that took effect on April 17, 2009. She is a Canadian citizen retroactive to her birth, but if she has any U.S.-born children, they did not inherit citizenship through her.

Also, I might mention that you (but not your daughter) are a British citizen, due to your father's birth in the U.K. The fact that he became a Canadian citizen in 1947 did not strip him of his British subject status. (Canadians continued to be British subjects after 1947...the status is now known as Commonwealth citizen.) See British nationality flow charts here: https://www.gov.uk/government/publications/chapter-2-born-before-1-january-1983-nationality-instructions

 

[StrongEagle]

[quote author=alphazip ]
Your daughter is a Canadian citizen, but not because of a 1977 law (the 1977 Citizenship Act was not retroactive), but rather because of a law that took effect on April 17, 2009. She is a Canadian citizen retroactive to her birth, but if she has any U.S.-born children, they did not inherit citizenship through her.

Also, I might mention that you (but not your daughter) are a British citizen, due to your father's birth in the U.K. The fact that he became a Canadian citizen in 1947 did not strip him of his British subject status. (Canadians continued to be British subjects after 1947...the status is now known as Commonwealth citizen.) See British nationality flow charts here:
[/quote]

Thank your for the additional clarifications... always good to be precise on the legislative points. And yes, I hold a British passport as a British Citizen with right of abode. Got it about 10 years ago. Years ago, when I was researching, I contacted an immigration company in the UK who told me I wasn't a British Citizen. A few days later the managing director of the company called me, apologizing, saying I knew far more about the process than his employee did.

The documentation was something of a hassle. I was born to my father's second marriage. In addition to his marriage certificate, I needed his divorce papers. Surprisingly, the British Columbia authorities dug all this up pretty quickly. What was more of a hassle was digging up my father's birth certificate in Liverpool, England but it was eventually found. My mother was born to Doukhobors who originally emigrated to Saskatchewan in 1906/1907... it took some work but I eventually got her birth certificate as well... and because it had her parents origins, gave me an opportunity to do a bit of research there as well.

 

[heelots]

Hello.

I wonder if anyone might be able to provide insight into my particular circumstances.

My mother was born in Toronto in 1919. She moved to the U.S. in 1942, and became a U.S. citizen in 1946.

I was born in the U.S. in 1959 and have lived in the U.S. since then.

My mother died in the U.S. in 1982.

Do I have a path to Canadian citizenship through my mother?*

Thank you.

*The reason I ask is that the "Am I a Canadian Citizen?" online tool asks only if "one of my parents was born in Canada before January 1, 1947," which in my case is true, and thus the tool answers me, "You are probably a Canadian citizen."

 

[alphazip]

Hello.

I wonder if anyone might be able to provide insight into my particular circumstances.

My mother was born in Toronto in 1919. She moved to the U.S. in 1942, and became a U.S. citizen in 1946.

I was born in the U.S. in 1959 and have lived in the U.S. since then.

My mother died in the U.S. in 1982.

Do I have a path to Canadian citizenship through my mother?*

Thank you.

*The reason I ask is that the "Am I a Canadian Citizen?" online tool asks only if "one of my parents was born in Canada before January 1, 1947," which in my case is true, and thus the tool answers me, "You are probably a Canadian citizen."

Yes, 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. To apply for proof, look here:

http://www.cic.gc.ca/english/citizenship/proof-how.asp

 

[Arbutusevo]

I am not sure if I am understanding the full picture of chances of applying for a Cert. of Citizenship. My Father was born in BC in 1934. My grandmother goes back a few generations (as Canadian citizens), and my grandfather (US born) and grandmother were married in BC. They moved into the US shortly after my father was born (about 3 years old). I just dug up his birth cert and it's indeed from Victoria. I was born in the states in 1981.

So am I technically a citizen and need to file for a Certification? I took the test from the link above, and it says I am probably a citizen. If this is the case what sort of process would my wife, and son need go through? Both are US born, and cannot claim citizenship anywhere else.

Sorry if this post is redundant to the ones above, I am just slightly taken aback as I thought that this option was off the table for me. My father looked into it before he died in 2001.

 

[Leon]

I am not sure if I am understanding the full picture of chances of applying for a Cert. of Citizenship. My Father was born in BC in 1934. My grandmother goes back a few generations (as Canadian citizens), and my grandfather (US born) and grandmother were married in BC. They moved into the US shortly after my father was born (about 3 years old). I just dug up his birth cert and it's indeed from Victoria. I was born in the states in 1981.

So am I technically a citizen and need to file for a Certification? I took the test from the link above, and it says I am probably a citizen. If this is the case what sort of process would my wife, and son need go through? Both are US born, and cannot claim citizenship anywhere else.

Sorry if this post is redundant to the ones above, I am just slightly taken aback as I thought that this option was off the table for me. My father looked into it before he died in 2001.

Start by applying for a citizenship certificate. If you get it, then you are a citizen and you can apply for a passport. Your child as a 2nd generation born abroad may not be a citizen. If it's born after April 17 2009, then definitely not. If it's born before that date, you can try applying for your child as well and see what happens.

If your child is not a citizen, then there is no process for your child unless you decide to move to Canada. As a citizen, you may sponsor your spouse and child for PR if you show proof that you are going to move to Canada when they get their PR. Proof could be being accepted to a college, a job offer, having arranged housing etc.

Another way to do it would be to move and sponsor them for PR once you are living in Canada yourself. Your wife and child would not have health care until they get PR or at least until their PR application processing has reached a certain stage. Once your child has PR and is living in Canada, you can apply for their citizenship right away while your wife will have to wait until she meets the residency requirements to apply.

 

[alphazip]

I am not sure if I am understanding the full picture of chances of applying for a Cert. of Citizenship. My Father was born in BC in 1934. My grandmother goes back a few generations (as Canadian citizens), and my grandfather (US born) and grandmother were married in BC. They moved into the US shortly after my father was born (about 3 years old). I just dug up his birth cert and it's indeed from Victoria. I was born in the states in 1981.

So am I technically a citizen and need to file for a Certification? I took the test from the link above, and it says I am probably a citizen. If this is the case what sort of process would my wife, and son need go through? Both are US born, and cannot claim citizenship anywhere else.

Sorry if this post is redundant to the ones above, I am just slightly taken aback as I thought that this option was off the table for me. My father looked into it before he died in 2001.

Yes, you are a Canadian citizen. Your son is not, UNLESS he was born before April 17, 2009 AND your father hadn't become a U.S. citizen before 1977. Most likely, though, your father would have become a U.S. citizen much earlier than that.

As Leon wrote, you can sponsor your wife and son for permanent residence. Look here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

 

[hcours]

My dad was born in Calgary in 1932. I'm filling out an application for a citizenship certificate and I do have a question about a topic mentioned above. On the application it asks about absences from Canada, since I've never lived there, do I put N/A or leave the section blank? It later asks if you've ever lived in Canada so they do allow for people who haven't.
In continuation, my mother is American and has never lived in Canada. For the parent's section, it asks the same leaving Canada question for her as well.
Last question I promise. I'm not sure if my dad ever became an American Citizen. He joined the US army and served in the Korean War but I know there were suspension of deportation papers during the time he served. He later married my mom and he has a SSN. Does that mean somewhere along the way he became an American citizen? Talking to him, he does think the army had him sign something and declared him American. He never had a green card or anything like that. So it's kind of murky what to put down on the "are you a citizen of another country" for him.
Thanks everyone!

 

[alphazip]

My dad was born in Calgary in 1932. I'm filling out an application for a citizenship certificate and I do have a question about a topic mentioned above. On the application it asks about absences from Canada, since I've never lived there, do I put N/A or leave the section blank? It later asks if you've ever lived in Canada so they do allow for people who haven't.
In continuation, my mother is American and has never lived in Canada. For the parent's section, it asks the same leaving Canada question for her as well.
Last question I promise. I'm not sure if my dad ever became an American Citizen. He joined the US army and served in the Korean War but I know there were suspension of deportation papers during the time he served. He later married my mom and he has a SSN. Does that mean somewhere along the way he became an American citizen? Talking to him, he does think the army had him sign something and declared him American. He never had a green card or anything like that. So it's kind of murky what to put down on the "are you a citizen of another country" for him.
Thanks everyone!

Answer all the questions on the application, even if some don't seem to apply. For example, go ahead and enter your mother's parents' names and use phrases such as, "not a Canadian citizen" and "did not live in Canada." Even if you cannot type things in the proper places online, you can write things in with a pen after printing the application.

As to whether your father ever became a U.S. citizen, it is likely that he did so while in the military. (Did he ever vote? If so, he must have become a citizen.) One place you can check for such a record is on ancestry.com (I found my uncle's military naturalization during WWII there). Whether or not your father became a U.S. citizen isn't going to matter much to you if you were born before 1977 (because your birth would have had to be registered for you to be Canadian before the new law in 2009). If you were born after 1977, though, it is important to know whether your father was a Canadian citizen when you were born, mainly for the purpose of determining whether you can pass Canadian citizenship on to your children (if you have any and if they were born before 2009).

In summary:

1) Look on Ancestry.
2) If you find the record, put that date. (If you see that the record is there, but can't see the details w/o a subscription, your local public library may allow free access.)
3) If you don't find it and you were born before 1977, answer "yes" and "approximately 1952" for the date (or whatever date he served).
4) If you were born after 1977, do more research (https://www.archives.gov/research/naturalization/naturalization.html) to see whether your dad was naturalized before you were born.

 

[hcours]

Answer all the questions on the application, even if some don't seem to apply. For example, go ahead and enter your mother's parents' names and use phrases such as, "not a Canadian citizen" and "did not live in Canada." Even if you cannot type things in the proper places online, you can write things in with a pen after printing the application.

As to whether your father ever became a U.S. citizen, it is likely that he did so while in the military. (Did he ever vote? If so, he must have become a citizen.) One place you can check for such a record is on ancestry.com (I found my uncle's military naturalization during WWII there). Whether or not your father became a U.S. citizen isn't going to matter much to you if you were born before 1977 (because your birth would have had to be registered for you to be Canadian before the new law in 2009). If you were born after 1977, though, it is important to know whether your father was a Canadian citizen when you were born, mainly for the purpose of determining whether you can pass Canadian citizenship on to your children (if you have any and if they were born before 2009).

In summary:

1) Look on Ancestry.
2) If you find the record, put that date. (If you see that the record is there, but can't see the details w/o a subscription, your local public library may allow free access.)
3) If you don't find it and you were born before 1977, answer "yes" and "approximately 1952" for the date (or whatever date he served).
4) If you were born after 1977, do more research ....to see whether your dad was naturalized before you were born.

Thank you so much for the information! I filled out the application and sent it in last week. I really appreciate your responses, I was apprehensive about the whole US army having him sign something. My dad said he never renounced Canada but I figured they made him. Your posts clarified a lot. So thank you again. Will let you know how the Citizenship Certificate application goes.

 

[heelots]

Yes, 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. To apply for proof, look here:

{LINK: cic.gc.ca — Apply – Proof of citizenship}

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.