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posscanadian

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Jun 26, 2016
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My grandmother was born in Canada before 1947. She then went to England where she lived the rest of her life. I know she saw the records of her birth at the hospital in Canada during her last trip there about 15 years ago. She never had a canadian passport and never attempted to claim one.

Would this make my mother and therefore me entitled to a Canadian passport?
 
Your mum is a Canadian citizen as of 2009, based on her mother being born in Canada. However, because you were not a Canadian citizen before 2009, when citizenship was limited to the 1st generation born abroad, you are not a Canadian citizen.
 
These citizenship by descent scenarios are always full of what ifs and often the easiest way is simply to apply for a citizenship certificate. Ok it costs 75 dollars but ultimately gets a result one way or the other.

So first resolve your mothers status, then yours .So a 150 dollar outlay towards a life time of possibilty in Canada (sounds corny but true). Shame about Brexit as the exchange has sunk but still.

Others on here may well give some feedback based on your input to give some positive/ negative so above is just what I would do especially as the advice on a forum is just that and applying just removes any doubt completely.

And yes as per previous post it is likely the 2009 rule will unfortunately apply but its only money to really find out. http://www.cic.gc.ca/english/citizenship/proof-how.asp
 
Canadian citizenship law used to be sexist. Before 1977, a child born abroad to a Canadian father had a right to citizenship...if the birth was registered. A child born abroad to a Canadian (married) mother, did not. This was changed, retroactively, in 2009, but at the same time a 1st generation limit was put on citizenship by descent.
 
posscanadian said:
My grandmother was born in Canada before 1947. She then went to England where she lived the rest of her life. I know she saw the records of her birth at the hospital in Canada during her last trip there about 15 years ago. She never had a canadian passport and never attempted to claim one.

Would this make my mother and therefore me entitled to a Canadian passport?
This must be the first Brexit-inspired post...
 
itsmyid said:
This must be the first Brexit-inspired post...

Maybe so, though I've noticed one or two other "citizenship by descent" queries from Britain recently. I also received an e-mail from a cousin in England (upset by the Brexit decision), asking whether she might qualify for Irish citizenship, based on an Irish-born grandfather. (The answer to that is yes.)

There seems to be a bit of a rush in Britain for EU passports: http://www.theguardian.com/politics/2016/jun/27/leave-vote-prompts-rush-dual-nationality-eu-passports
 
Never understood the surge in British google search on "how to move to Canada" after Brexit results. Doesn't make any sense since they still cannot get the benefits of EU, even if they gotten Canadian citizenship.

http://www.cbc.ca/news/trending/uk-eu-brexit-vote-move-to-canada-1.3651308

http://www.ctvnews.ca/world/after-brexit-vote-britons-searching-move-to-canada-on-google-1.2962284

Makes more sense to apply to move to another EU country and gain citizenship there, if they want to gain EU privileges.
 
screech339 said:
Never understood the surge in British google search on "how to move to Canada" after Brexit results. Doesn't make any sense since they still cannot the benefits of EU, even if they gotten Canadian citizenship.

http://www.cbc.ca/news/trending/uk-eu-brexit-vote-move-to-canada-1.3651308

http://www.ctvnews.ca/world/after-brexit-vote-britons-searching-move-to-canada-on-google-1.2962284

Makes more sense to apply to move to another EU country and gain citizenship there, if they want to gain EU privileges.

You're right about the EU thing, but I guess more Brits are even worried about the EU itself and Brexit is just the tip of the iceberg...hence that leaves Oz, Canada and the US as possible "safer" destinations.
 
Unfortunately the poster above is right. If you'd hit the application page and submitted back in 2008 your mother would have had a claim, and then you would have as a 2nd generation born abroad. However in 2009 the government slammed the door closed on that. Sorry :(
 
Coffee1981 said:
Unfortunately the poster above is right. If you'd hit the application page and submitted back in 2008 your mother would have had a claim, and then you would have as a 2nd generation born abroad. However in 2009 the government slammed the door closed on that. Sorry :(

Actually, back in 2008 the mother wouldn't have had a claim. She was born abroad to a Canadian mother (not father) and her birth was not (and couldn't have been) registered. She could have received a facilitated grant of citizenship (not retroactive), but that possibility ended in 2004. In any case, the mother is now a citizen (as of 2009), but it's the OP who is not.
 
I have a similar query, so thought it best to just tag on to this post rather than clutter up the forum with a separate post, hope that's okay.

My mum was born in the UK (1950) to a Canadian born father (1916). When she was a young child, around 2-3, the family planned to move to Canada (which at the last minute, did not happen). Growing up, her parents always told her she was a “naturalized Canadian citizen”, but as we have no paperwork to confirm this and her parents are not here to clarify what they meant, we are planning to submit an application for a search of citizenship records to find out one way or the other. I have two questions:

1.Is even possible for parents to apply for naturalization for their child from abroad, and would that still be valid if they did not then become resident in Canada? Further, would my mum have had to have taken steps as an adult to retain any citizenship she may have had? From what I have read it seems like the birth could have been registered but she would not have been naturalized until she had been a permanent resident in Canada for a set period?

2. In part 5, the application states “You must give valid reason(s) for requesting this information.” What kind of thing constitutes a valid reason in their eyes (and what is an absolute no-no?!).

Lastly, just to confirm, even if my mum were to have been naturalized as a child and have citizenship, I have no claim due to the changes made in 2009 as I am second generation, yes?

Thanks so much!
 
jenslamb said:
I have a similar query, so thought it best to just tag on to this post rather than clutter up the forum with a separate post, hope that's okay.

My mum was born in the UK (1950) to a Canadian born father (1916). When she was a young child, around 2-3, the family planned to move to Canada (which at the last minute, did not happen). Growing up, her parents always told her she was a “naturalized Canadian citizen”, but as we have no paperwork to confirm this and her parents are not here to clarify what they meant, we are planning to submit an application for a search of citizenship records to find out one way or the other. I have two questions:

1.Is even possible for parents to apply for naturalization for their child from abroad, and would that still be valid if they did not then become resident in Canada? Further, would my mum have had to have taken steps as an adult to retain any citizenship she may have had? From what I have read it seems like the birth could have been registered but she would not have been naturalized until she had been a permanent resident in Canada for a set period?

2. In part 5, the application states “You must give valid reason(s) for requesting this information.” What kind of thing constitutes a valid reason in their eyes (and what is an absolute no-no?!).

Lastly, just to confirm, even if my mum were to have been naturalized as a child and have citizenship, I have no claim due to the changes made in 2009 as I am second generation, yes?

Thanks so much!

As you have read, your mother would have been a Canadian citizen if her birth had been recorded by age two, but there were also other requirements contained in the original Citizenship Act that she likely did not meet. However, if she was a Canadian citizen when you were born, whether you have any claim to citizenship depends on your date of birth, which you haven't given. If before 1977 (and assuming your parents were married), then you would not have been a citizen by 2009, because you were born to a Canadian mother, not father. If after 1977, then you would have had to retain your citizenship by age 28. So, if you reached age 28 before 2009 and did not apply to retain your citizenship, then you are not a Canadian citizen.

As of April 17, 2009, your mother is a Canadian citizen, but because of the 1st generation limitation, you are not a citizen UNLESS you were already a Canadian citizen before that date.

I don't think the idea that your mother was "naturalized" makes sense in this situation (maybe the family meant a "natural born citizen"), but if she was a naturalized citizen, then you would be considered the first generation born abroad and you would be a Canadian citizen.

To sort all of this out, I would suggest that you submit an application for proof of citizenship, either for your mother or for yourself, and also apply at the same time for a search of citizenship records. The reason to apply for a search and proof at the same time is that then there is a single charge of $75. If you apply for a search and then later for proof, you would have to pay $75 for each. The reason you would give for the search is to establish a right to Canadian citizenship.

Just to be clear, though, if you are just trying to establish a right to citizenship for your mother, then you need no search. She is a citizen by descent and if she submits an application with her birth certificate and her father's birth certificate, she will receive a Certificate of Citizenship.
 
alphazip said:
As you have read, your mother would have been a Canadian citizen if her birth had been recorded by age two, but there were also other requirements contained in the original Citizenship Act that she likely did not meet. However, if she was a Canadian citizen when you were born, whether you have any claim to citizenship depends on your date of birth, which you haven't given. If before 1977 (and assuming your parents were married), then you would not have been a citizen by 2009, because you were born to a Canadian mother, not father. If after 1977, then you would have had to retain your citizenship by age 28. So, if you reached age 28 before 2009 and did not apply to retain your citizenship, then you are not a Canadian citizen.

As of April 17, 2009, your mother is a Canadian citizen, but because of the 1st generation limitation, you are not a citizen UNLESS you were already a Canadian citizen before that date.

I don't think the idea that your mother was "naturalized" makes sense in this situation (maybe the family meant a "natural born citizen"), but if she was a naturalized citizen, then you would be considered the first generation born abroad and you would be a Canadian citizen.

To sort all of this out, I would suggest that you submit an application for proof of citizenship, either for your mother or for yourself, and also apply at the same time for a search of citizenship records. The reason to apply for a search and proof at the same time is that then there is a single charge of $75. If you apply for a search and then later for proof, you would have to pay $75 for each. The reason you would give for the search is to establish a right to Canadian citizenship.

Just to be clear, though, if you are just trying to establish a right to citizenship for your mother, then you need no search. She is a citizen by descent and if she submits an application with her birth certificate and her father's birth certificate, she will receive a Certificate of Citizenship.

Thank you for your quick response.

Ah yes, unfortunately I was born in 1981, and did not make any claim in time, so there's nothing for me at this point. I didn't expect there to be, but still disappointing somehow. My mum would still like to clarify her situation, so I think we will go ahead with her application.

The "naturalization" comment confused me too. I thought it a slightly odd way for her parents to phrase it to a child (perhaps that's why it stuck in her head), but I don't see how it could apply to my mum as she has never even visited Canada, let alone lived there. I can only assume they applied for a certificate of citizenship for her and then she would have eventually been naturalized once they had established residency in Canada. Typically vague family stories, unfortunately!

Just for my own clarification would a naturalized citizen have the same status as someone actually born in Canada with regard to citizenship? Is that why they would not be considered 1st generation even if they were born outside Canada?

Thanks again for your help.