My mother has a Canadian citizenship by decent. Could I be a citizen.

[Nathan Gallacher]

My Grandfather was born in Canada and moved to Scotland when he was 16.

When I was 10 years old, my parents applied for Canadian citizenship through decent. This was granted but we never actually emigrated.

I have been searching online for an answer but I am unable to find information relating to my situation.

My mother got her Canadian citizenship card and my father got a permanent residency.

Would I have been granted citizenship at this time as well as my mother? My thought process is, if my mother got granted her citizenship when she has a 10 year old child, surely they would need to grant me citizenship as well?

Thanks in advance for anyone that replies.

Nathan

 

[scylla]

My Grandfather was born in Canada and moved to Scotland when he was 16.

When I was 10 years old, my parents applied for Canadian citizenship through decent. This was granted but we never actually emigrated.

I have been searching online for an answer but I am unable to find information relating to my situation.

My mother got her Canadian citizenship card and my father got a permanent residency.

Would I have been granted citizenship at this time as well as my mother? My thought process is, if my mother got granted her citizenship when she has a 10 year old child, surely they would need to grant me citizenship as well?

Thanks in advance for anyone that replies.

Nathan

Most likely you are not a Canadian citizen. It's possible you may have been granted permanent residency along with your father. Citizenship by decent generally only applies to the first generation. So this means your mother can benefit - however you cannot (since you are two generations removed from your grandfather).

You can try to use the following link to help determine if you may or may not be a citizen:

https://www.canada.ca/en/immigratio...dian-citizen/eligibility/already-citizen.html

If you are not a citizen but obtained PR status along with your father, how difficult it will be to salvage your PR status will largely depend on your age. Surely your parents must remember what status you were granted?

 

[Nathan Gallacher]

Thanks for you reply

I thought that one generation law only applies to people born after 2009?

Most likely you are not a Canadian citizen. It's possible you may have been granted permanent residency along with your father. Citizenship by decent generally only applies to the first generation. So this means your mother can benefit - however you cannot (since you are two generations removed from your grandfather).

You can try to use the following link to help determine if you may or may not be a citizen:

https://www.canada.ca/en/immigratio...dian-citizen/eligibility/already-citizen.html

If you are not a citizen but obtained PR status along with your father, how difficult it will be to salvage your PR status will largely depend on your age. Surely your parents must remember what status you were granted?

 

[hawk39]

Thanks for you reply

I thought that one generation law only applies to people born after 2009?

What years were you and your mother born in?

 

[Nathan Gallacher]

I was born in 1995 and my mother was born in 1966

What years were you and your mother born in?

 

[vensak]

You are most likely not a Canadian citizen and given your age your parent most likely will not be able to sponsor you.

Here is more reading about it:
https://www.canadavisa.com/canada-i...board/threads/2nd-generation-citizens.372048/
and the good example:
1) Tom is born in Canada in 1930. He moves to the USA in 1950 and becomes a U.S. citizen. He has a son, Joe, born in 1960. Tom does not register Joe's birth with Canada...he can't...Tom is not a citizen. In 1980 Joe has a daughter, Barbara. On April 17, 2009, Tom and Joe become Canadian citizens. Barbara does not, even though she was born before 2009, because she was not born to a Canadian citizen

 

[hawk39]

Sorry, but I have to concur that you are probably not a Canadian citizen by descent. Your mother needed to have had her birth registered within 2 years of her birth, or had taken advantage of the delayed registration period (between 1977 and 2004) and had her birth registered before you were born, for you to be eligible for citizenship by descent as a second generation born abroad.

 

[Nathan Gallacher]

Thanks for the reply. My mother got her citizenship card in 2004 when I was 9 years old should that count?

Sorry, but I have to concur that you are probably not a Canadian citizen by descent. Your mother needed to have had her birth registered within 2 years of her birth, or had taken advantage of the delayed registration period (between 1977 and 2004) and had her birth registered before you were born, for you to be eligible for citizenship by descent as a second generation born abroad.

 

[scylla]

Thanks for the reply. My mother got her citizenship card in 2004 when I was 9 years old should that count?

No - it won't count. Again, she wasn't recognized as a Canadian citizen at the time of your birth.

You can certainly try to apply for proof of citizenship to confirm. However based on the information you have provided here, you have no claim to citizenship.

 

[vensak]

What could have happened back then and what did not was following.
If your mother would have moved to Canada she could have asked for a sponsorship for you back then (and until 2017 actually). That one would have been an easy way for you to get PR and a citizenship later on.
However now you are too old to be sponsored so you would have to seek your own way how to immigrate.

 

[hawk39]

Thanks for the reply. My mother got her citizenship card in 2004 when I was 9 years old should that count?

Sorry, but as Scylla has already stated, your mother was not recognized as a citizen when you were born. Had your mother gotten her citizenship anytime before you were born in 1995, then this would be a different story.