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yankeegirl wrote:Im actually posting this for someone else.
My neighbor is 19 (born in 1988). Her maternal grandfather is a Canadian citizen, born and raised in Canada.
Her mother was born in 1966 in Northern Ireland in 1966 to above-mentioned Canadian and an Irish/British mother. The Canadian father left NI after military duty was done and returned to Canada. He was not initially listed on the birth certificate. A few years ago, my neighbor's mom met her father. They had DNA tests done and he has now been added to her birth certificate. She plans to apply for Canadian citizenship but hasn't yet.
Her daughter (my neighbor) wants to know if she qualifies to apply for Canadian citizenship. We looked up the Canadian citizenship website but it didn't really clear anything up. There was a section that if you are born to a Canadian parent abroad who was also born to a Canadian abroad there are certain steps to take before age 28 in order to retain citizenship. I guess what I need to know is if her mom would have been a Canadian citizen from birth even though she has never applied for a passport or anything? If not, then I'm assuming that my neighbor has no claim to citizenship?
Sorry for the long post!
That's the part I thought I had read somewhere, but couldn't find it last night.Regarding the mother, prior to 15 February 1977, acquisition of Canadian citizenship by descent required registration at a Canadian consulate. From what you say she was never registered, so was never Canadian.
Also, at the time (before 1977) an out-of-wedlock father couldn't pass on Canadian citizenship anyway.
There was a facility post-1977 to make an application for late registration of Canadian citizenship, but this closed to new applicants on 14 August 2004.
http://en.wikipedia.org/wiki/Canadian_nationality_law
My neighbor is 19 (born in 1988). Her maternal grandfather is a Canadian citizen, born and raised in Canada.
Her mother was born in 1966 in Northern Ireland in 1966 to above-mentioned Canadian and an Irish/British mother. The Canadian father left NI after military duty was done and returned to Canada. He was not initially listed on the birth certificate. A few years ago, my neighbor's mom met her father. They had DNA tests done and he has now been added to her birth certificate. She plans to apply for Canadian citizenship but hasn't yet.
Her daughter (my neighbor) wants to know if she qualifies to apply for Canadian citizenship. We looked up the Canadian citizenship website but it didn't really clear anything up. There was a section that if you are born to a Canadian parent abroad who was also born to a Canadian abroad there are certain steps to take before age 28 in order to retain citizenship. I guess what I need to know is if her mom would have been a Canadian citizen from birth even though she has never applied for a passport or anything? If not, then I'm assuming that my neighbor has no claim to citizenship?
But the problem is that it is now too late for the mother to register her Canadian citizenship. That was closed on 14 August 2004.lilirere wrote:Hi,
I think I can help you since I am personally in a situation very like the girl you describe. I was born in 1981, and my mother was born in 1954 (both in the US). My maternal grandparents were Canadian, but they never registered my mother's birth. She didn't realize that she could apply for citizenship until a couple of years ago.
Affect in what way?infocat13 wrote:would the new law affect pre 1948 canadians who naturlized?
JAJ wrote:Affect in what way?infocat13 wrote:would the new law affect pre 1948 canadians who naturlized?
And I think you mean pre-1947 cases ...
She never lost Canadian citizenship because she never had it in the first place. She lost her British nationality when she became a U.S. citizen.infocat13 wrote: MY mother became a us citizen before the 1947 canadian citizenship law. the citizenship canada site has confusing language as to will she be a (retroactively) a canadian from when she lost it.
yes she is a pre 1947 case.I am the first generation
Hi oldmedic, I replied to your posts in the other thread at http://www.immigrationboards.com/viewtopic.php?t=28007oldmedic wrote:I am also wondering if this new law applies to me and to my two older siblings...
The key issue here is was your father a Canadian citizen when you were born.jezicar wrote:Hello
I'm wondering if anyone can help me, i'm not entirely sure if my situation fits this example but I'll have a go explaining.
I am a bristish citizen born in 1986. In 1989 my parents moved me to Canada where we lived for just over two and a half years before returning to the UK. My father has canadian citizenship and his mother was born and raised in Canada as were her parents. (My mother has british and irish ancestory)
My father acquired his citizenship in 1987 even though he was eligible from birth.
Does any of this help me in applying for citizenship? I am interested in returning to canada for university study, possibly permenantly.
Doesn't that sound like your father only became Canadian in 1988?jezicar wrote:Hi
Thanks for your help! I've spoken with my father who has given me a copy of his certificate of citizenship.
He has delayed citizenship from birth, registered 10 June 1988, when I was nearly two. He was born in 1956.
His certificate, apart from the registration number and date, says the following.
Under the provisions of the citizenship act, a Canadian citizen is entitled to all the rights and privileges and is subject to all the duties and responsibilities of being a Canadian Citizen. The person named herein, having taken the oath of citizenship or allegiance where applicable became a Canadian citizen on the date indicated below.
In that case it was wrong advice - the 3 year residence requirement does not apply to a child with permanent resident status + at least one Canadian parent.As a family we lived in Canada from September 1989 - April 1992. Apparently my parents were told nothing could be done about my citizenship until we have lived there for 3 full years. I am unsure how aware they were of my dads ancestory at the time.
Does any of this information help at all? I'm happy to dig up more details if needed.
Thank you!
But was he entitled from birth? Prior to 15 February 1977, Canadian citizenship by descent could normally only come from the father, unless parents were unmarried.jezicar wrote:Maybe I don't understand the term, but I believe it is delayed registration from birth.
His mother was born and raised in Toronto and as the law was at the time, he was entitled to register his citizenship from his birth in 1956 - present day.
Does the fact he actually registered it in 1988 affect my entitlement, seeing as he could have easily registered it before I was born?
Unfortunately no, not as far as I can see.Also does the fact I would have been eligible at the time of living in Canada make any difference?
I doubt you will get to speak to anyone in person at the High Commission.jezicar wrote:But that's very interesting about the permenant residence status, i'll have to make some fairly urgent calls to the High Commission in London tomorrow. I assume that's the best place to start?
I would be very interested in making the move sometime this year, i'm in the perfect position for it right now having graduated with no long term commitments. Thanks for your help JAJ!
You can read about the new Act for yourself at:jezicar wrote:Hello again
Surely I could do this anyway as a landed immigrant? Or does it effectively bypass the need for say a work or study visa?
I've also had a free asessment with canadianrelocationsolutions.com and they have stated that under the new laws coming into effect this April I would be eligible for 'retained citizenship'.
They wouldn't quote any laws or reasons without charging a fee, do you know anything about this?
Thanks again for your help!
How can you "retain" Canadian citizenship when all the evidence suggests that since your father became naturalised Canadian after you were born, then you were never Canadian in the first place?jezicar wrote:Hello
I have been reading section 8 of the new regulations, which seem to very nearly fit my situation.
http://www.cic.gc.ca/english/citizenshi ... bility.asp
If I have understood this correctly, I have missed out on a simple 'retention' because my father registered his citizenship after I was born. Also I would have been too young when we lived there for this time to count towards an eligibility to retain.
I think the only option now would be for me to move out to Canada and live there for a year before applying to 'retain' my citizenship, obviously before I turn 28?
In regards to re-activating my permenant resident status, I do not seem to have any proof of this. My father flew out to canada before my mum and I - he was interviewed by a canadian immigration officer who granted him permenant resident status. I believe we just joined him a few weeks later. The only documents he holds is his registration of citizenship.
No, that is not what i'm saying... I think we have exhausted all avenues of assistance if it has come to this.Are you saying that you and your mother arrived as tourists and overstayed (illegally)?
If your father had been Canadian by descent when you were born then the following situations would apply:jezicar wrote:I have been advised that 'retention' is the wording they use in the new regulations even if you have never techinically 'had' canadian citizenship.
As I understand it, the old laws would allow someone in this situation (second generation abroad, who did have a Canadian parent at birth) to automatically register the citizenship. But the new laws would see them lose that right if they did not register it before the age of 28. In that way it is retention of a right.
Are you saying that you and your mother arrived as tourists and overstayed (illegally)? ....
No, that is not what i'm saying... I think we have exhausted all avenues of assistance if it has come to this.
Thank you for your help.