Canadian Through Descent?

[DarrenML]

Hello all - apologies if this post is in the wrong category.

My name's Darren - and I'm a UK citizen living in the UK. My mothers family originally came from New Brunswick, although she was born in the UK in 1958 to a Canadian father. She 'thinks' she was granted Canadian citizenship through her father and the family emigrated to Canada in the 1960s, but returned to the UK soon after (lack of work).
I was born on Feb 10, 1977 (just before the immigration rules changed).

I believe I 'may' be able to claim Canadian citizenship, which would be great - as relocation is a serious option for me.

I have no paperwork for my mothers citizenship, and it's taking forever to get a decision through the embassy process.

If anyone on this forum has experience in this area, I guess my claim hinges on whether my mother would have been considered a Canadian citizen from birth (born 1958 to a Canadian father), or whether citizenship is only applicable to her if her family applied and was granted it (which I am unsure of).
My case hinges on hers haha.

Any feedback or information would be very welcomed! Thanks for your time
Darren

 

[hawk39]

There are a few 'what ifs' to look at with your situation, but with the information you've provided so far, I do not believe you qualify for citizenship by descent because you are considered to be the second generation, and are restricted by the first generation limit imposed by the 2009 Act.

Assuming that you have verified that your mother had Canadian citizenship when you were born:

• If you were born out of wedlock, she would have needed to register your birth when you were born, or you or she would have needed to register during the delayed registration period between the commencement of the 1977 Act until August 14, 2004.

• If you were born in wedlock, either she or you would have needed to apply for the special grant of citizenship between the commencement of the 1977 Act until August 14, 2004.

Since you were born 5 days before the commencement of the 1977 Act, your birth is regulated under the 1947 Act, thus the need for registration or the special grant. If you are unable to verify that your mother's birth was registered by her father, then under the current Citizenship Act, she would be eligible for citizenship by descent as the first generation today, but you would not as the second generation. The only exception to the generational limit is if your mother was born while (not before or after) her father was a federal or provincial employee or in the Canadian armed forces, so unless that is the case, you are restricted by the generational limit and are ineligible for citizenship through your mother or grandfather.