Retroactive Citizenship and "Am I Canadian?"Tool

[lumpyryan]

Hi, My father has just received his Certificate of Canadian Citizenship and it says that his effective date of citizenship was January 1, 1947. I am 99% sure I am not a Canadian citizen as I am the second generation born abroad. I also checked the C-29 Citizenship Act.

My father falls under section (1) (o). He was born prior to 1947 to his father, who could have become a citizen under section (1) (k) had he still been alive today. I was born in 1965, so I would fall under section (1) (h) of the act. It says that (1) (h) is not eligible for citizenship if their parent is a citizen under section (1) (o).

My confusion is with the "Am I Canadian?" tool. My father has retroactive citizenship to 1947, so would that mean that he was a citizen when I was born?

This is the confusing scenario:
1. "I was born between January 1, 1947 and February 15, 1977 and one of my birth parents was a Canadain citizen when I was born"
2. "He or she was born outside Canada to a Canadian parent."
3. "One of my parents was granted citizenship before I was born." Well, sort of.
That scenario says that I might be a citizen.

What purpose does retroactive citizenship even have? If my father wasn't eligible for citizenship in 1947 because his father lost his British subject status and never became a Canadain citizen, why has my father been a citizen since 1947? Does that make my father a retroactive citizen when I was born? I don't know how to answer the "Am I Canadian?" tool.

 

[primaprime]

3. "One of my parents was granted citizenship before I was born." Well, sort of.

The answer to this question in your case is No because he did not apply for a citizenship certificate until recently, meaning you are not a Canadian citizen.

 

[hawk39]

I was born in 1965, so I would fall under section (1) (h) of the act.

3(1)(h) converts those that had applied for a grant under 5(2)(b) of the 1977 Act into citizenship by descent, so actually I think (g) would be applicable to you, because you were not born eligible for citizenship in 1965 because your father was not a citizen at that time.

What purpose does retroactive citizenship even have? If my father wasn't eligible for citizenship in 1947 because his father lost his British subject status and never became a Canadain citizen, why has my father been a citizen since 1947?

Citizenship by descent implies that the child was a citizen since birth, so naturally the citizenship certificate is retroactively dated to reflect that fact; in your father's case, it's dated to when Canadian citizenship officially began in 1947 since he was born before this event.

Does that make my father a retroactive citizen when I was born?

Technically yes, but the first generation limit disqualifies you from obtaining citizenship through your father because he obtained his citizenship retroactively through the 2015 changes.

I don't know how to answer the "Am I Canadian?" tool.

The wording of the tool's questions is very general, so you did the best you could. The tool does not really ask if the parent had actually lost citizenship or was never a citizen before, and had it restored or conferred because of the legislative changes. If these were asked, then it could narrow it down to whether if you are eligible beyond the first generation. Ultimately, it's a person, and not a computer, that determines if you're eligible.