Am I a Canadian Citizen by Descent?

[birdbrain62]

I too am confused as to the laws of Canadian Citizenship by descent. I am a second generation child born in 1962. My Grandmother, who was born in 1905 and passed away in 1953 was born in Coaticook, Quebec. I believe her parents, who were Canadian born immigrated to the US for economic reasons and settled the family in Connecticut. Is there a chance I may be a citizen by descent?

 

[Hurlabrick]

I too am confused as to the laws of Canadian Citizenship by descent. I am a second generation child born in 1962. My Grandmother, who was born in 1905 and passed away in 1953 was born in Coaticook, Quebec. I believe her parents, who were Canadian born immigrated to the US for economic reasons and settled the family in Connecticut. Is there a chance I may be a citizen by descent?

Where were your parents born, what was their nationality at the time of your birth and where were you born?

 

[birdbrain62]

Where were your parents born, what was their nationality at the time of your birth and where were you born?

My parents and I were born in the US.

 

[scylla]

My parents and I were born in the US.

In that case the answer is unfortunately no. Your grandmother's children (one of your parents) would qualify for citizenship. However you would not as second generation born abroad.

 

[birdbrain62]

So the things I am reading (and I've read this more than once) is this:
" if you were born prior to 17 April 17th, 2009 when the new rule came into effect, you’re in luck and can still claim Canadian citizenship regardless of how many generations back your Canadian direct ascendants were born in Canada. This is particularly important for many Americans who may be descended from Canadians who moved to the United States for economic reasons a number of generations ago." Either I am misinterpreting what this says or this sight and others are not accurate. I appreciate your help!

 

[scylla]

So the things I am reading (and I've read this more than once) is this:
" if you were born prior to 17 April 17th, 2009 when the new rule came into effect, you’re in luck and can still claim Canadian citizenship regardless of how many generations back your Canadian direct ascendants were born in Canada. This is particularly important for many Americans who may be descended from Canadians who moved to the United States for economic reasons a number of generations ago." Either I am misinterpreting what this says or this sight and others are not accurate. I appreciate your help!

Would be good for you to provide the link for where that came from. It's an incorrect interpretation regardless.

 

[birdbrain62]

Would be good for you to provide the link for where that came from. It's an incorrect interpretation regardless.

Here is the link:
https://canadacitizenshiphelp.ca/2018/02/28/how-youre-entitled-to-canadian-citizenship-by-descent/

 

[vensak]

So the things I am reading (and I've read this more than once) is this:
" if you were born prior to 17 April 17th, 2009 when the new rule came into effect, you’re in luck and can still claim Canadian citizenship regardless of how many generations back your Canadian direct ascendants were born in Canada. This is particularly important for many Americans who may be descended from Canadians who moved to the United States for economic reasons a number of generations ago." Either I am misinterpreting what this says or this sight and others are not accurate. I appreciate your help!

Unfortunatelly no. One thing that did not happen was the compulsory registration back in 80ties for you. So sadly enouh not for you. Your parents if they are alive can still claim Canadian citizenship but of course they cannot sponsor you.

 

[scylla]

Here is the link:
https://canadacitizenshiphelp.ca/2018/02/28/how-youre-entitled-to-canadian-citizenship-by-descent/

Yeah - I would stay away from sites like that since they aren't official / government sites which means information can be stale or flat out wrong.

Official site is here:

https://www.canada.ca/en/immigratio...dian-citizen/eligibility/already-citizen.html

Anyway - as explained above, unfortunately you're out of luck and don't qualify for citizenship by descent.

 

[hawk39]

Unfortunatelly no. One thing that did not happen was the compulsory registration back in 80ties for you. So sadly enouh not for you. Your parents if they are alive can still claim Canadian citizenship but of course they cannot sponsor you.

The OP was never eligible for registration (which ended with the 1977 Act) or the special grant of citizenship from the 1977 Act (if that is what you are referring to). If the OP's grandmother became a US citizen as a minor when her parents became US citizens, she would have lost her British subject status and did not become a Canadian citizen with the commencement of the 1947 Act; I think this is the most likely scenario. However even if it is not, British nationality law at that time (as well as the 1947 Canadian Citizenship Act) did not allow married women to transmit their status to their children, or to allow birth abroad registration for said children. The 1977 Act was not retroactive to the applicant's date of birth, so even if the OP's parent was able to apply for it, the parent would only be a citizen from the day on. The OP would not be able to apply under the special grant because his/her parent was not a citizen until at least 1977, and the OP was born in 1962.

 

[vensak]

The OP was never eligible for registration (which ended with the 1977 Act) or the special grant of citizenship from the 1977 Act (if that is what you are referring to). If the OP's grandmother became a US citizen as a minor when her parents became US citizens, she would have lost her British subject status and did not become a Canadian citizen with the commencement of the 1947 Act; I think this is the most likely scenario. However even if it is not, British nationality law at that time (as well as the 1947 Canadian Citizenship Act) did not allow married women to transmit their status to their children, or to allow birth abroad registration for said children. The 1977 Act was not retroactive to the applicant's date of birth, so even if the OP's parent was able to apply for it, the parent would only be a citizen from the day on. The OP would not be able to apply under the special grant because his/her parent was not a citizen until at least 1977, and the OP was born in 1962.

She was born in Canada, so with the last changes that was amended and she would only loose it by renouncing it. Which would make her children Canadians by descent. However her Grandchildren is a different matter.

 

[hawk39]

She was born in Canada, so with the last changes that was amended and she would only loose it by renouncing it. Which would make her children Canadians by descent. However her Grandchildren is a different matter.

You're restating what is already understood. I was responding to your post that you addressed to the OP which, with the way you wrote it, seemed you were trying to suggest that the OP could have applied for the "compulsory registration back in 80ties for you", which would have created a source of ambiguity because the OP was not eligible for registration or the special grant.

 

[vensak]

You're restating what is already understood. I was responding to your post that you addressed to the OP which, with the way you wrote it, seemed you were trying to suggest that the OP could have applied for the "compulsory registration back in 80ties for you", which would have created a source of ambiguity because the OP was not eligible for registration or the special grant.

Ok in order to do that one of his parents (whoever was the child of that Grandmother) would first have obtain citizenship certificate (around the time when that Grandmother ceased to be a British subject and was seen as Canadian citizen (because she was born there). Then it would have been possible. However since this did not happen, that is the problem.

 

[hawk39]

Ok in order to do that one of his parents (whoever was the child of that Grandmother) would first have obtain citizenship certificate (around the time when that Grandmother ceased to be a British subject and was seen as Canadian citizen (because she was born there). Then it would have been possible. However since this did not happen, that is the problem.

Again, you're restating what is already understood. Are you just trying to describe the eligibility of "compulsory registration in the 80ties"? If you are, then you're kind of just creating ambiguity because there is no such thing as "compulsory registration in the 80ties", and the OP's parent was never eligible for abroad registration because of British nationality law.

 

[vensak]

The OP was never eligible for registration (which ended with the 1977 Act) or the special grant of citizenship from the 1977 Act (if that is what you are referring to). If the OP's grandmother became a US citizen as a minor when her parents became US citizens, she would have lost her British subject status and did not become a Canadian citizen with the commencement of the 1947 Act; I think this is the most likely scenario. However even if it is not, British nationality law at that time (as well as the 1947 Canadian Citizenship Act) did not allow married women to transmit their status to their children, or to allow birth abroad registration for said children. The 1977 Act was not retroactive to the applicant's date of birth, so even if the OP's parent was able to apply for it, the parent would only be a citizen from the day on. The OP would not be able to apply under the special grant because his/her parent was not a citizen until at least 1977, and the OP was born in 1962.

Ok, so by calculation his parent (the child of that grandmother) was born before 1947 (given he was born on 1962, his parent would have been only 14 years old or younger if he/she was born on or after 1947). So most likely that parent was born before that.
With that said, there were other ways for children of British mothers to retain their citizenship
So with that said there are some more important questions there:
1. What was the citizenship of father of that child at the time of birth. Especially if his grandfather was British at the time his parent was born. (because all she needed not to loose Canadian citizenship in 1947 was not to loose British before, so marrying a British subject abroad would have been enough).
2. Was that child born out of wedlock or not. Because if not that child would become Canadian by descend by 1947.
3. Was that child his mother or his father. And if it was mother, what was the status of father (especially regarding possible dual citizenships (like British for example).

So yes there are technically several options when he could have inherited that citizenship, but because of the failed registration he would have lost it.