Was my grandfather a Canadian citizen ?

[Underdog1]

My great grandmother was born in canada in the late 1800s. Her family has lived in canada for generations. At this time I'm sure her and her family would have been considered brittish subjects since canadian citizenship didn't exist until around 1949 I believe.

Anyway my my great grandmother moved from canada to the US when she was young and my grandfather was born in usa in early 1920s... does this mean that my grand father was also a brittish subject due to his mother being born in canada and her family having lived there for generations and by default both my great grand mother and my grandfather became a Canadian citizen after the 949 canadian citizenship law automatically ?

I'm sure you guys know where I'm going with this

 

[foodie69]

First of all your greatgrandparents or grandparents are not subject, they all were humans. LOL.

This was the correct term back then.

 

[Underdog1]

I'm asking this question because if my grandfather was a Canadian citizen through this method then my father was also a Canadian citizen when he was born in the 60s without either of them knowing and therefore I should be able to get citizenship since I was born before they changed the law in 2009...

 

[itsmyid]

I'm asking this question because if my grandfather was a Canadian citizen through this method then my father was also a Canadian citizen when he was born in the 60s without either of them knowing and therefore I should be able to get citizenship since I was born before they changed the law in 2009...

I don’t think citizenship by descent applies to second generation, i.e. even if your parents got Canadian citizenship through your grandparents, you won’t get it

 

[Underdog1]

I don’t think citizenship by descent applies to second generation, i.e. even if your parents got Canadian citizenship through your grandparents, you won’t get it

As far as I know the 1st generation law is the 2009 late I'm referring to and it only applies to people born AFTER 2009...

 

[zardoz]

I'm asking this question because if my grandfather was a Canadian citizen through this method then my father was also a Canadian citizen when he was born in the 60s without either of them knowing and therefore I should be able to get citizenship since I was born before they changed the law in 2009...

I don't think that it works like this. Don't get your hopes up.

 

[scylla]

I'm asking this question because if my grandfather was a Canadian citizen through this method then my father was also a Canadian citizen when he was born in the 60s without either of them knowing and therefore I should be able to get citizenship since I was born before they changed the law in 2009...

That's not quite how the rules work. Unfortunately many have this misconception (I know it's not that straight forward to read and understand). Generally speaking you are out of luck once you are the second generation born abroad.

 

[Underdog1]

Actually that's exactly how the law works in this case I have seen countless discussions about it in this forum...

 

[itsmyid]

Actually that's exactly how the law works in this case I have seen countless discussions about it in this forum...

If you are so certain then just go ahead and apply for it - you got nothing to lose and passibly a citizenship to gain

 

[scylla]

Actually that's exactly how the law works in this case I have seen countless discussions about it in this forum...

OK - if you say so. Recommend you take CIC's quiz before you spend time / money applying for proof of citizenship.

https://na1se.voxco.com/SE/56/amicanadiansuisjecanadien/?lang=en&tui=auto

 

[Underdog1]

None of this is worth doing until I know if my grandfather (born in usa) would have been considered a brittish subject since his mother was because she was born in canada...if he was a brittish subject then he would automatically been a Canadian citizen as of 1949 law change making my father a Canadian citizen who was born in the late 1960s... so if someone knows anything about this I would be very grateful...

 

[hawk39]

My great grandmother was born in canada in the late 1800s. Her family has lived in canada for generations. At this time I'm sure her and her family would have been considered brittish subjects since canadian citizenship didn't exist until around 1949 I believe.

Anyway my my great grandmother moved from canada to the US when she was young and my grandfather was born in usa in early 1920s... does this mean that my grand father was also a brittish subject due to his mother being born in canada and her family having lived there for generations and by default both my great grand mother and my grandfather became a Canadian citizen after the 949 canadian citizenship law automatically ?

I'm sure you guys know where I'm going with this

Sorry, but back then, British Subject status could only be passed down by the father. The British Nationality and Status of Aliens Act 1914 Part I, 1(1)(b), states this, so it's reasonable to believe that any earlier Act regarding this has the same restrictions. So your grandfather did not have British Subject status through his mother.

I'm asking this question because if my grandfather was a Canadian citizen through this method then my father was also a Canadian citizen when he was born in the 60s without either of them knowing and therefore I should be able to get citizenship since I was born before they changed the law in 2009...

If your grand-grandmother did not officially renounce her British Subject status, then she became a Canadian citizen posthumously in 2015 under 3(1)(l) of the current Citizenship Act; and subsequently, your grandfather became a Canadian citizen under 3(1)(p) of the same legislation. However, the first generation limit, enacted in 2009 and carried over into the 2015 Act, under section 3(3) of the same legislation, states that children of citizens that gained citizenship under 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q), or (r) are ineligible for citizenship by descent. Because your grandfather became a citizen by 3(1)(p), that would make your father (2nd generation born abroad) and you (3rd generation born abroad) ineligible for citizenship by descent.

 

[Underdog1]

Sorry, but back then, British Subject status could only be passed down by the father. The British Nationality and Status of Aliens Act 1914 Part I, 1(1)(b), states this, so it's reasonable to believe that any earlier Act regarding this has the same restrictions. So your grandfather did not have British Subject status through his mother.


If your grand-grandmother did not officially renounce her British Subject status, then she became a Canadian citizen posthumously in 2015 under 3(1)(l) of the current Citizenship Act; and subsequently, your grandfather became a Canadian citizen under 3(1)(p) of the same legislation. However, the first generation limit, enacted in 2009 and carried over into the 2015 Act, under section 3(3) of the same legislation, states that children of citizens that gained citizenship under 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q), or (r) are ineligible for citizenship by descent. Because your grandfather became a citizen by 3(1)(p), that would make your father (2nd generation born abroad) and you (3rd generation born abroad) ineligible for citizenship by descent.

But wouldn't my great grandmother been automatically a Canadian citizen in the late 1940s when canada became official and brittish subjects born in canada automatically became canadian citizen's ?

Also if what you said is true then there have been no provisions at all that have been made that may offer some kind of a loophole??? Forgive me I'm just determined to exhaust all options... so far you have absolutely been the most helpful and detailed response .

Also my great grandfather who married my canadian great grandmother was a brittish citizen who moved straight to usa from uk as a boy. They both met in usa... so I don't think he helps my case at all...

 

[hawk39]

Did she move to the US when she was a minor? If she did, and her parents took up US citizenship, then under British law, she would have also lost her British Subject status. When she turned 21, she would have had a year to gain it back by petitioning the British government, but since you did not mention that she moved back to Canada, I'm assuming she did not do this. So you would have to find out what became of her status.

If she did keep her British Subject status however, the fact remains that she would not have been able to pass it on to your grandfather. Also, just like British law, the Canadian Citizenship Act of 1946 says that only fathers can pass down citizenship to their children born abroad, unless the child is born out of wedlock. Also, any children born outside of Canada that were eligible for citizenship by descent had to have their birth registered within two years of their birth with the Canadian government, then had to file for retention when they turned 21 or they would lose their citizenship when they turned 22. By the time, the Canadian Citizenship Act of 1946 was enacted, I think your grandfather would have been too old to be able to claim citizenship at that time even if he had a British Subject/Canadian father, but since he could only get it from his mother, this is a moot point. In the case of his citizenship now though, if your great-grandmother did become a Canadian citizen in 1947, then he would have gotten in 2015 under 3(1)(q) instead; but because 3(3) also lists (q) as being under the first generation limit, it still makes you and your father ineligible for citizenship by descent.

Unfortunately, you're right that your great-grandfather does not help your case because he had no ties to Canada.

If you're looking for loopholes, then I can't think or offer you any. For this, you should consult a lawyer.