Am I Canadian?

[Ilhamuni]

Hi! Am Tanzanian i had a 4month baby with canadian father illegal I gave birth last year september I like to apply for my baby citizen in canada but don't know what do do please help.

 

[nope]

You'll have to explain what 'illegal' means -- is the father of the baby illegal in Tanzania (i.e. no visa), or does it mean that you aren't married, or does it mean that he's a Canadian who is in jail in Tanzania?

In general, contact the nearest embassy or consulate, or look on the general web site. Your husband will have to prove that he is a Canadian citizen who was either born in Canada or immigrated to Canada himself, and you'll have to prove the baby's identity. Here's one place to look:

http://travel.gc.ca/travelling/children/birth-abroad

However, if 'illegal' means that the father won't be applying for the baby, I'm not sure there is much you can do -- I don't know if a foreign mother can apply without the participation of the other parent.

 

[links18]

Yes, it would cost much more to consult with a lawyer than to apply for a citizenship certificate, and what would be the benefit? Let's assume that a lawyer thinks the OP has a good case for citizenship by descent. Would the lawyer just ring up CIC and have them issue her a citizenship certificate? No. She would have to apply for a certificate just the same. So, why not do it first? Then, if she were refused (and I think she would be), she would only be out $75. At that point, she could decide whether to consult with a lawyer, and, if the lawyer thinks she has a good case, contest CIC's decision in court (costing many thousands).

This particular case is not that unusual: a person born in the second generation seeks citizenship, but it is precluded by the restriction (to 1st generation) imposed by the 2009 law. Your opinion above ("Doubtful...") is correct. All that you forgot is Bill-C24, which in 2015 gave citizenship to persons born in Canada who did not become citizens in 1947 (the OP's grandfather) and their children in the 1st generation (the OP's mother). All CIC can do is apply the law as written, and the law did not allow an alien (non-British subject) to become a Canadian citizen in 1947. It also would not have allowed the OP's birth to be registered in the 1960s (remember...that was a requirement before 1977) even if her mother WAS a Canadian citizen, because mothers could not pass citizenship on to their children (born in wedlock). Therefore, the OP could not have been a Canadian citizen before the 2009 restriction on citizenship by descent went into effect. There are just too many impediments to get over for the OP to claim Canadian citizenship.

You make total sense. The OP's case for citizenship is weak (non-existent). My point is that if people in general are really intent on seeking citizenship, they should: 1. Not take contradictory answers given on forums as the last word; 2. Not necessarily take CIC's word as final either, as its not like they can't make mistakes. Of course, I have also found more than one lawyer marketing themselves as immigration and citizenship experts who were clueless. About applying to CIC first--that is probably the cheaper way to go, but if there is some rare claim based on factors we don't know about it, it would probably be better to have a lawyer send a cover letter explaining the basis for the claim, rather than fight an initial denial in court. This is a common practice in British nationality law, although its true British nationality law is much more complex than Canadian.

 

[alphazip]

This is a common practice in British nationality law, although its true British nationality law is much more complex than Canadian.

Yes, British nationality law is so complex that not even the British understand it! Despite the fact that I was born in the U.S. to a Canadian-born father (whose father was also born in Canada), I'm also a British citizen, due to what might be called a "fluke" in the law. And, my American-citizen mother (who was not even of British descent) was British too, just for marrying a Canadian (British subject) in 1947. No one in officialdom agreed with my analysis until I finally found someone at the British High Commission in Ottawa who understood the various British nationality acts. For anyone interested, look at the series of flow charts here:

https://www.gov.uk/government/publications/chapter-2-born-before-1-january-1983-nationality-instructions

 

[links18]

Yes, British nationality law is so complex that not even the British understand it! Despite the fact that I was born in the U.S. to a Canadian-born father (whose father was also born in Canada), I'm also a British citizen, due to what might be called a "fluke" in the law. And, my American-citizen mother (who was not even of British descent) was British too, just for marrying a Canadian (British subject) in 1947. No one in officialdom agreed with my analysis until I finally found someone at the British High Commission in Ottawa who understood the various British nationality acts. For anyone interested, look at the series of flow charts here:

https://www.gov.uk/government/publications/chapter-2-born-before-1-january-1983-nationality-instructions

Yeah, British nationality law is crazy. It will probably become less so as older people die off and some of the more non-conventional routes to British citizenship dry up, but as your case shows--sometimes routes exist that officialdom won't readily recognize. I concede though that the probability of turning up some such route to Canadian citizenship is much lower.

 

[Canadiandesi2006]

Well, when you give general advice, it's either useless, obvious, or a waste of time; and when you give specific advice, it's wrong. I'm not offended by your comments, I'm warning the OP not to listen to you. Either learn more about Canadian immigration or get a grip on your own limitations, confidence without knowledge is a terrible combination.

As your name suggest you are indeed a "Negative" individual, without any brains to judge what's right or wrong, so dont even reply on my comment. Keep out of sensible exchange of opinions are you do not belong to sensible group.

Looks like you are one of those sadist who enjoying other people's difficulties. I never claimed I'm a legal expert, regularly reading other user's plight and experience for last 4 years.

Based on that experience, I share options available to new users stuck in such situations. I dont impose my decisions.

Apparently, you are frustrated individual, got nothing positive to share except trying to pick up some arguments with other readers. Desperately looking to get some attention by been negative. If you can't do good, keep quite and dont share negativity on forum.

 

[Canadiandesi2006]

Looks like you need to spend a lot more time reading. Non-routine CITIZENSHIP APPLICATIONS can take 36+ months. This is not a citizenship application. Citizenship applications are submitted by permanent residents who want to become citizens. People who want to determine if they are already citizens submit CITIZENSHIP CERTIFICATE APPLICATIONS. Totally different process. Totally different processing times. Your advice is wrong and doesn't apply.

I wish you have read my responses clearly, what I ask the reader. CIC is NOT prompt in responding to applicants. I dont know why you mixing up two different comments.

One applicant who is unsure about his citizenship status due to the descent. To that applicant, I suggested if you involve your area MP at least the response can be faster.

I never mentioned "MP can twisted CIC arms to get citizenship. I repeat, I mentioned you can get faster response.

For other applicant who told that his application is Non-Routine and could take 36 months, to that user I told if you are eligible under the new citizenship rule, consider withdrawing old application and apply under the new rules to get it expedited.

Most of the non-routine applicants ultimately get rejected thru CJ, who states, even if they approve CIC would objects.

I dont understand why you think that's wrong advise ???

 

[Canadiandesi2006]

Here is the justification why I suggested applicants to consider withdrawing their applications and re-apply instead of waiting for years.

After reading the plight of the applicants who were made to wait clueless for well over FOUR years, it should open your eyes.

http://www.canadavisa.com/canada-immigration-discussion-board/oath-timeline-after-test-at-st-clair-office-t183755.4800.html