The new citizenship act? Am I a citizen?

[kizzychat]

Hi there, hope someone can help.
My mother was born to a canadian born father during WW2 (1943) and was born in the UK whilst he was stationed at a Canadian airforce base.
She received Canadian citizenship in 1947 when the first citizenship act came in.
I was born in 1967 to an American father but I was born in the UK. My mother still held he Canadian passport at the time. My mother is no longer alive so it's hard to know the exact details of whetherr she was considered born abroad or not.

When I read this:

People who did not take the steps necessary to become a citizen and who were born outside Canada on or after January 1, 1947, in the first generation born abroad to a parent who was a Canadian citizen at the time of the birth.

(http://www.cic.gc.ca/english/citizenshi ... enship.asp)

and this:

4. People born abroad to a non-Canadian mother and a Canadian father (unmarried) between 1947 and 1977
Fictional case: Jennifer was born outside Canada in 1972 to a Canadian father and a non-Canadian mother. Her parents never married. Jennifer has always resided outside Canada but spends summers with her paternal grandparents in Canada. Jennifer and her non-Canadian spouse had a son (Edwin) in 1992 outside Canada. They are considering moving to Canada permanently. Jennifer has never taken any steps to acquire Canadian citizenship.

Citizenship status: Jennifer would obtain citizenship back to her date of birth under this bill. Since Jennifer is the first generation born abroad, her son Edwin is a second generation child and so will not obtain citizenship under this bill.

As a citizen, Jennifer can sponsor her spouse and any dependent children to come to Canada under immigration rules.

(http://www.cic.gc.ca/english/department ... 12-10b.asp)

it seems confusing. It doesn't say whether the first generation born abroad means people born after 1947 or not.
eg. My mother was born abroad but was not a canadian citizen as such because it didn't exist in the same way. She was a Bristish subject so technically because I was the first born abroad after 1947 then would I be entitled to citizenship? In the example above it just says Jennifers parent was a citizen at the time of her birth..not that they were a citizen who were born in canada.

I'm confused.

Kizzy

[canadiankiran]

Hi all,

Nice discussion.

For further details, you may want to visit:

Canadian Hopes

Good luck.

[oldmedic]

The website that is referred to above is nothing but an advertisement for a lawyer. It does NOT say anything about the new Citizenship Act changes.

[oldmedic]

Can anyone tell me if the new changes to the Citizenship Act in Bill C-37, will apply to those children of a Canadian father that were born abroad before 1947?

My father was born in Canada (as were his parents, grandparents, etc.) and he came to the States during the great depression of the 1930's for employment. He NEVER was admitted to the US legally, and he never took out US Citizenship.

He married, and had three children from that marriage, all born prior to 1947.

It is our understanding that all of us became Canadian citizen on 1 January 1947, and each of us children lost that citizenship the day we turned 24 (none of us did the necessary paperwork, because we didn't know it was required).

Are we all covered by the new act? Do we all regain our Canadian citizenship under Bill C-37?

[markdrocker]

…My mother was born to a canadian born father during WW2 (1943) and was born in the UK whilst he was stationed at a Canadian airforce base. She received Canadian citizenship in 1947 when the first citizenship act came in. … My mother is no longer alive so it's hard to know the exact details of whetherr she was considered born abroad or not. … My mother was born abroad but was not a canadian citizen as such because it didn't exist in the same way. …I was born in 1967 to an American father but I was born in the UK.

I am not a lawyer or expert. Sounds to me like your mother was a citizen in 1947 under section 4(1)(b) of the Former Act. If that is true, it is not good for you. You can try to verify her status by reading a lawyer’s interpretation of section 4(1)(b) of the Former Act at http://www.americanlaw.com/cdncitabrd.html

If you verify she fell under section 4(1)(b) of the Former Act, then I’m sorry to say that the new law will NOT make you a citizen.

My simplified version of the text in the new law: “The subsection which declares certain people to be citizens does not apply to a person born outside Canada if, at any time, only one of the person’s parents was a citizen and that parent was a citizen under paragraph 4(1)(b) of the former Act.â€

[markdrocker]

My father was born in Canada (as were his parents, grandparents, etc.) and he came to the States during the great depression of the 1930's for employment. He NEVER was admitted to the US legally, and he never took out US Citizenship.

He married [an American woman], and had three children [born abroad] from that marriage, all born prior to 1947.

It is our understanding that all of us became Canadian citizen on 1 January 1947, and each of us children lost that citizenship the day we turned 24 (none of us did the necessary paperwork, because we didn't know it was required).

…They divorced, he remarried [a non-Canadian woman] and had three more kids [born abroad] of his 2nd marriage, and adopted his 2nd wife's son from her first marriage in 1953.

Hi oldmedic,

I am not a lawyer or expert, but I am researching and trying to get a strong understanding of these laws.

CHILDREN OF THE 1ST MARRIAGE PRE-1947:
It sounds like C-37 will provide citizenship to you three siblings, deemed uninterrupted since Jan 1 1947. Under 3(1)(f), all you have to do is prove you were a citizen at anytime on or after Jan 1 1947. It sounds like sufficient proof of your citizenship on Jan 1 1947 would be: father’s Canadian birth cert, your birth cert proving identity of your father and that you were under 21 on Jan 1 1947, father’s 1st marriage cert proving you were born in wedlock, and proof that you and your father were British subjects on Jan 1 1947. My opinion above is based on the language in the new law, official info from http://www.parl.gc.ca/common/bills_ls.a ... =2#wedlock , and unofficial info from http://en.wikipedia.org/wiki/History_of ... nality_law

I don’t know what kind of evidence CIC will require for proof of British subject status on Jan 1 1947. I intend to start a new thread about that very question. I’ve seen a 1945 Saskatchewan birth cert for a British subject, but there was no indication of “British subjectâ€

[oldmedic]

Thanks.

That's the way we see it too.

Our father died in 1998, so this will no matter to him. It does to us though, we would very much like to reclaim our Canadian heritage and legal status.

Of course, whenever CIC gets around to implementing this law, some of us may have died off too. To put it mildly, they are S L O W.

In 2000, they wrote me a very, very nasty letter explaining that although I had once had a claim to Canadian citizenship, I no longer did. ( I had written to the then Minister of Citizenship and Immigration, asking if there was any way to get my citizenship back.)The writer went on to explain, in great detail, how Canadian did not want people of over 50 years of age, that there was effectively no possible way to reclaim my citizenship, and that they were glad that people like me could not get citizenship in Canada.

I have my Ed.D in Rehabilitation Counseling, and 35 plus years of experience in the field, including teaching. My ONLY problem was that I was over 50. Needless to say, I was insulted by their response.

I am looking forward to sending that particular person a copy of my new citizenship card, along with a copy of his letter to me.

[infocat13]

Old medic..........you have an interseting case!
my case is grandfather moves to canada from the UK serves in canadian army WW1.my mum is born in canada before 1947 BUT becomes an american as a minor child along with my my grandfather before 1947.under the new act they where not in canada when the 1947 act took effect.Your family may not have been in canada before 1947 but did not take up any other citizenship! so.......................when you apply do not mention this absence from canada maybe? or read the new regulations when they come out to see what proof is asked about your ancesters where abouts on that date?
ER your ancesters where traveling on that date right and who keeps records from that far back?

By the way if your mother was a canadian citizen at the time of your birth then you are under the old law right?


my third edit............Mark has some interesting comments, but the public release from CIC says that ANYONE who in the second or third generation abroad who is or became a citizen abroad(under the current act or any old act) will not lose it under the new act.
The short of it is anyone born in canada AFTER 1947 and there first generation children will become canadians in april 2008 you might be a canadian if born before 1947 under the new act.

cheers
steven