Obtaining Dual Citizenship Status

[Cflay]

My father was born in Niagara Falls, NY USA in February 1938. His Father (Now Deceased) was a USA citizen, His Mother (Now Deceased) was a Canadian Citizen living in the USA.

My father is now moving back to Niagara Falls, NY, USA after many years and would like to get his Canadian Citizenship while retaining his USA Citizenship. He is 74 and I am assisting him. What do I need to do?

 

[Leon]

My father was born in Niagara Falls, NY USA in February 1938. His Father (Now Deceased) was a USA citizen, His Mother (Now Deceased) was a Canadian Citizen living in the USA.

My father is now moving back to Niagara Falls, NY, USA after many years and would like to get his Canadian Citizenship while retaining his USA Citizenship. He is 74 and I am assisting him. What do I need to do?

He doesn't have to give up his US citizenship for any reason but if he wants to check if he is a Canadian citizen as well, he should go here: http://www.cic.gc.ca/english/citizenship/rules/index.asp It seems to me that because he was born before 1947, he does not automatically qualify for citizenship. He could still apply to get the official decision though.

 

[links18]

Did his mother ever take any actions to secure Canadian citizenship for him?

 

[Cflay]

No she didn't, but since he was a minor in 1947 the way I interpret what I read is since April 17, 2009 he has been eligible for Canadian citizenship

 

[Leon]

No she didn't, but since he was a minor in 1947 the way I interpret what I read is since April 17, 2009 he has been eligible for Canadian citizenship

According to the self assessment, if he was born outside Canada before 1947 and not in a commonwealth country, he is most likely not a citizen. There is some difference between those who are born before 1947 and others as the first Canadian citizenship law only took effect in 1947. Before that, Canadian citizens were British subjects.

However, the only way to find out for sure is to apply and see if he gets it.

 

[links18]

The whole "born in or out of wedlock" thing that appears in those links seems rather regressive and not the best criteria for discriminating against people for citizenship. Someone should start a charter case over that.......

 

[Leon]

I suppose it is just stating the law as it was back then. I don't think that is something new that they added.

 

[links18]

I suppose it is just stating the law as it was back then. I don't think that is something new that they added.

Yes, you are right. The UK had similar laws which they have now updated--Canada should do the same.

 

[Leon]

Yes, you are right. The UK had similar laws which they have now updated--Canada should do the same.

So they retroactively gave everybody citizenship that would have gotten it if their parents had been married at the time? I don't see why they can't do that in Canada too then.

 

[links18]

So they retroactively gave everybody citizenship that would have gotten it if their parents had been married at the time? I don't see why they can't do that in Canada too then.

Before you could only obtain UK citizenship through a UK born father if you were born overseas. They have since retroactively updated it so that those born to UK born mothers overseas are now UK citizens as well (Broadly speaking).