2nd Generation Born Abroad

[lumpyryan]

Hi,
My father is a newly granted Canadian citizen by descent. His situation is complicated, so I will try to explain it the best to my abilities.

His father (My grandfather) was born in Canada before 1947. He was a British subject who moved to the U.S. in 1925, meaning he lost his British subject status when he naturalized in the United States. This means that my father was a "Lost Canadian" until 2015, where Canada allowed the first generation born outside of Canada to former British subjects to be granted citizenship.

The issue here is that my father was unable to apply for citizenship before my birth in 1965. He was also unable to pass it down to me before 2009, because Canada would not grant him citizenship until 2015. I know that the 2009 law is technically not retroactive. To my understanding, that usually only applies to children whose parents were a second generation Canadian at the time of their birth.

Basically, I am asking if I have any claim whatsoever. Unlike most second-generationers, I was never able to acquire Canadian citizenship in the second generation before 2009. I know that this is a long shot, but I thought that it might be worth inquiring.
Thanks!

 

[primaprime]

You are probably not a citizen.

 

[mashulia_26]

Hi,
My father is a newly granted Canadian citizen by descent. His situation is complicated, so I will try to explain it the best to my abilities.

His father (My grandfather) was born in Canada before 1947. He was a British subject who moved to the U.S. in 1925, meaning he lost his British subject status when he naturalized in the United States. This means that my father was a "Lost Canadian" until 2015, where Canada allowed the first generation born outside of Canada to former British subjects to be granted citizenship.

The issue here is that my father was unable to apply for citizenship before my birth in 1965. He was also unable to pass it down to me before 2009, because Canada would not grant him citizenship until 2015. I know that the 2009 law is technically not retroactive. To my understanding, that usually only applies to children whose parents were a second generation Canadian at the time of their birth.

Basically, I am asking if I have any claim whatsoever. Unlike most second-generationers, I was never able to acquire Canadian citizenship in the second generation before 2009. I know that this is a long shot, but I thought that it might be worth inquiring.
Thanks!

Don't think theres a chance you're a Canadian citizen

 

[camaybe]

Have you seen the 'Am I Canadian Citizen?' tool: https://na1se.voxco.com/SE/56/amicanadiansuisjecanadien/?lang=en&tui=auto

On this tool, it asks the following question:

Does at least one of the following statements apply to you?

• When I was born, my parent was a Canadian citizen (or a British subject, born or naturalized in Canada before 1947) who was employed outside Canada as a Crown servant
• When my parent was born or adopted, my grandparent was a Canadian citizen (or a British subject, born or naturalized in Canada before 1947) who was employed outside Canada as a Crown servant

 

[primaprime]

Have you seen the 'Am I Canadian Citizen?' tool: https://na1se.voxco.com/SE/56/amicanadiansuisjecanadien/?lang=en&tui=auto

On this tool, it asks the following question:

The grandparent in question was not employed outside Canada as a Crown servant, as far as we know.

 

[hawk39]

Hi,
My father is a newly granted Canadian citizen by descent. His situation is complicated, so I will try to explain it the best to my abilities.

His father (My grandfather) was born in Canada before 1947. He was a British subject who moved to the U.S. in 1925, meaning he lost his British subject status when he naturalized in the United States. This means that my father was a "Lost Canadian" until 2015, where Canada allowed the first generation born outside of Canada to former British subjects to be granted citizenship.

The issue here is that my father was unable to apply for citizenship before my birth in 1965. He was also unable to pass it down to me before 2009, because Canada would not grant him citizenship until 2015. I know that the 2009 law is technically not retroactive. To my understanding, that usually only applies to children whose parents were a second generation Canadian at the time of their birth.

Basically, I am asking if I have any claim whatsoever. Unlike most second-generationers, I was never able to acquire Canadian citizenship in the second generation before 2009. I know that this is a long shot, but I thought that it might be worth inquiring.
Thanks!

Sorry, but this is the exact reason why the first generation limit was implemented along with the "Lost Canadian" benefit. Without the first generation limit, anyone with a direct Canadian ancestor, no matter how far back, can claim citizenship; if you had any children and grandchildren, they would also be citizens by descent. The "Lost Canadian" legislation was meant to allow just those that had lost their citizenship involuntarily to get it back, such as through marriage, the acquisition of another citizenship, or as a child through their parent's action; the only way to lose your citizenship today is if you apply to renounce it, or had acquired it through fraud. The eligibility for children of "Lost Canadians" is in accordance with the descent rule, thus the application of the first generation limit to "Lost Canadians" is just the same for those born by descent since the implementation of the 2009 and 2015 Acts, and is in line with descent laws of most other countries as well (notable exceptions are Ireland and Italy).

 

[lumpyryan]

Thanks for the info. I am now looking at applying for Permanent Residency because my father falls into the "Lonely Canadian" category.

 

[scylla]

Thanks for the info. I am now looking at applying for Permanent Residency because my father falls into the "Lonely Canadian" category.

As long as your father is living in Canada and meets the other criteria (e.g. parents both deceased, no other family members in Canada), as well as income requirements - you should be good to go.

 

[lumpyryan]

As long as your father is living in Canada and meets the other criteria (e.g. parents both deceased, no other family members in Canada), as well as income requirements - you should be good to go.

All of his immediate family are deceased, so I think I'm eligible. Thanks!