Help regarding mother's Canadian citizenship

[punman]

Hi,

I would be so grateful if anyone can help me out with my situation and if I can apply for citizenship or not, here are the main details:

I was born in the UK in the early 90s.
My mother was born in the UK in the late 50s and her mother was a Canadian citizen from birth (born in Canada in the late 1910s).

My mother has a Canadian citizenship card now but only applied for and received it in 2000, so here's my main question:

Was my mother a Canadian citizen from birth or was the card she received the date she became a citizen?

Which leads me to my second question: what right do I have to citizenship and how to go about obtaining it? If I don't then are there other options, e.g. permanent residency?

I've filled out forms online and researched a lot but I'm unsure as to the wording of a few points so any help would be greatly appreciated?

Thanks.

Edit: Also if I'm entitled to citizenship does that mean I have to apply for it, or I already have it and just need to apply for the certificate?

 

[SRafiq]

I believe your mother was citizen from birth "Canadian by Descent". Her mother could have registered soon after your mother's birth.

But as your you..That is difficult. As I believe the previous government only allowed the "Candian by Descent" to be for the first generation born outside Canada. So 2nd Gen (you) would not be.

I think you might see about contacting a Canadian nationality expert and pay a bit to get the information.

 

[alphazip]

When your mother was born in the 1950s, Canadian citizenship was transmitted in the male line only, unless the child was born to a Canadian mother out of wedlock. Assuming your grandparents were married, if your mother received a citizenship card in 2000, she likely received a grant of citizenship (see Benner decision below), according to the regulations that were then in effect. If that is the case, then she was not considered a Canadian citizen before the date of the grant. As of April 2009, your mother's status would have changed to Canadian citizen by descent, retroactive to her date of birth, BUT a restriction of one generation born abroad was placed on citizenship by descent.

All of this points to your not being a Canadian citizen. However, the fact that the children of Canadian men (and their descendants) were treated more advantageously than those of Canadian women is obviously something that would not be allowed to stand today, meaning that there may have been a ruling (or decision by IRCC) that would allow you to claim citizenship.

Your best course of action would be to simply apply for proof of citizenship and see what happens. Of course, if the decision is no, you will be out $75.

Benner summary:

https://en.wikipedia.org/wiki/History_of_Canadian_nationality_law#Judicial_review_of_provisions_of_current_and_previous_Citizenship_Acts

Benner in full:

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1482/index.do

 

[alphazip]

Here is more information:

http://www.canadiandesi.com/read.php?TID=37275

"Facilitated grant of citizenship under Paragraph 5(2)(b)

Persons born outside Canada between January 1, 1947 and February 14, 1977 in wedlock to a Canadian mother were able to apply for a grant of citizenship under paragraph 5(2)(b) until August 14, 2004. Between May 17, 2004 and August 14, 2004, persons born out of wedlock to Canadian fathers were also eligible to apply for this grant. The grant was not retroactive to birth but became effective on the date the application was approved (see Grant of Citizenship – 5(2)(b)).

Children born outside Canada after the parent is granted under 5(2)(b) are considered to be the first generation born outside Canada and not subject to loss under section 8 of the Act. Children born outside Canada before the parent is granted under 5(2)(b) are not citizens."

So, unless there was something decided more recently, it does not appear that you are a citizen. Still, if you can spare $75, it wouldn't hurt to apply and receive a definitive ruling.