Second generation born outside Canada-- am I eligible?

[clairelly]

Hi all,

From my reading of all the citizenship Acts, I think I'm eligible for dual citizenship (Canada and USA), but I'm not totally sure. It's complicated! Before I pay the processing fee, I thought I might first check here!

Background: My grandfather was born in Canada in 1915, and my mother (his daughter) born in the USA in 1959. I very much doubt that her birth was registered as a birth abroad with the government of Canada (but I don't know how we can be sure, as my grandparents have since passed away and I can't ask). My grandparents and my mother (and the whole family) lived in Alberta from 1961-1963, then returned to the USA.

I was born in 1983 in the USA, which seems to be the magic window for second-generation citizenship: born after 1977, but didn't turn 28 before April 17th 1979, and born well before the 2009 Act.

So I think the important questions are:

(1) Was my mom a Canadian citizen at the time of my birth? She's definitely a citizen now under the 2009 law, but I'm not sure what here status was between 1977 and 2009. I read something about her birth/claim to citizenship needing to be registered by the extended deadline (Aug 14 2004), but that's well after my birth, so a citizen at the time of my birth, yes? And I think she would have been exempt from the Retention requirements when I was born because (1) her birth was not registered and also (2) she was not yet 24 in 1977. So even if her birth was registered, item (2) would mean she was still a citizen in 1983, right?

As far as I can tell, she lost citizenship between 2004 and 2009, but that would not affect me, correct?

(2) Does my mother need to apply for her Certificate of Citizenship first, and then I can apply afterward? Or can we send our applications together? Or can I send mine on its own but with all the birth certificates showing Canadian descent?

Thanks so much!

 

[Leon]

I think it would be best if you let your mother apply first and then try yourself if/after she gets it.

 

[hilly]

Did you apply for this and did it work? I am curious because I have the same exact issue as you! My father was born in 1958 in the United States but his family all the way back to some of the first settlers in Canada were born and raised in Canada. I also have no idea if his birth was registered, and my both of my grandparents have passed away.

 

[shaazdeh]

2009 amendments to the Citizenship Act
An Act to amend the Citizenship Act (S.C. 2008, c. 14) (previously Bill C-37)[10] came into effect on 17 April 2009 and changed the rules for Canadian citizenship. Individuals born outside of Canada can now become Canadian citizens by descent if one of their parents is a citizen of Canada either by having been born in Canada or by naturalization. The new law limits citizenship by descent to one generation born outside Canada. One of the changes instituted by the Government of Canada, is the "first generation limitation," considered a punitive measure by some against naturalized citizens who reside abroad for lengthy periods of time. Jason Kenney Minister for Citizenship, Immigration and Multiculturalism said the following in the House of Commons of Canada on 10 June 2010: "That's why we must protect the values of Canadian citizenship and must take steps against those who would cheapen it.... We will strengthen the new limitation on the ability to acquire citizenship for the second generation born abroad." The new rules would not confer a Canadian citizenship on children born outside of Canada to parents who were themselves Canadian citizens by birth but not born in Canada. Thus the new rule makes a distinction between Canadian citizens born in Canada and immigrants granted citizenship on the one hand and citizens by birth who were born outside Canada on the other who have attenuated rights to pass on citizenship to their children.

In a scenario, the new rules would apply like this: A child is born in Brazil in 2005 (before the new rules came in effect) to a Canadian citizen father, who himself is a born abroad citizen by descent, and a Brazilian mother who is only a Permanent Resident of Canada. Child automatically becomes a Canadian citizen at birth. Another child born after 17 April 2009 in the same scenario would not be considered a Canadian citizen. The child is considered born past "first generation limitation" and the parents (the father) would have to sponsor the child to Canada to become a Permanent Resident, (a lengthy process which may take from one to four years[citation needed]) Once the Permanent Residency is granted, a Canadian parent can apply for Canadian citizenship on behalf of the child, without the required three-year-residency rule, however.[13]

Every person born outside Canada but within one generation of the native-born or naturalized citizen parent is automatically a Canadian citizen by descent (retroactive to date of birth or date citizenship was lost).[10] The second generation born abroad, however, is not a citizen of Canada at birth. Such an individual might even be stateless if without claim to any other citizenship. (This situation actually occurred to a child born in China to a father who is a Canadian citizen born outside Canada. The second generation born abroad can gain Canadian citizenship only by immigrating to Canada; this can be done by the Canadian citizen's parents sponsoring as a dependent children, a category with fewer requirements, which would also take less time than most other immigration application categories.