+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Citizen By Descent Clarification

Cath-Toronto

Full Member
Jun 22, 2016
28
0
My great-grandmother (Frances) was born in Windsor, Ontario in 1911 to parents Frank and Mary.

Mary was born in Ontario to 1 Canadian parent and 1 Irish parent. Frank was born in Detroit, Michigan to 2 American parents. Frank lived and worked in Windsor, and him and Frances were married in Windsor

Frances (born in Canada 1911) moved to Michigan in the 1920s (before the age of 18).

Frances married Joseph (American) in the late 1920s and my grandmother (Mary Ellen) was born in Michigan in 1933.

Based on citizenship by descent it appears that my grandmother is clearly Canadian as her mother is Canadian.

She is filling out the certificate of Canadian citizenship form now.

My question is, is my mom eligible for Canadian citizenship?

My mom was born in Michigan in 1963 to her mom (born in Michigan to a Canadian mom) and dad (American).

I'm struggling to understand descent because technically my grandmother is Canadian, meaning that even though she did not have a certificate of it, she was still Canadian at the time of my mother's birth. Is that correct?

From my logic, it ends at me? I am not entitled to Canadian citizenship, but my grandmother and mother would be?

Family tree:

Mary (b. Canadian) + Frank (b. American but working and living in Canada)

Frances (child of Mary and Frank) - b. in Canada to Canadian mom and American dad

Family moves to Michigan

Frances (b. Canada, lives in Michigan) marries Joseph (b. American living in Michigan)

Mary Ellen (child of Frances and Joseph) - b. in America to Canadian mom and American dad

Mary Ellen marries Ken (b. American living in America)

June (child of Marry Ellen and Frank)


Are Mary Ellen and June Canadians, or just Mary Ellen?
 

itsmyid

Champion Member
Jul 26, 2012
2,250
649
Doesn’t seem like your mother is Canadian since her mother was born outside Canada as a second generation Canadian, and can’t pass her Canadian citizenship to her children - but some had said the year she was born would make a difference- I just don’t remember which year that is , if born before that year then she would be Canadian , otherwise no
 

hawk39

Hero Member
Mar 26, 2017
670
261
Are Mary Ellen and June Canadians, or just Mary Ellen?
Essentially, itsmyid is correct in that only Mary Ellen is Canadian by descent, and June is not because she would now be considered second generation born abroad, and is ineligible under the first generation limit.
 

hawk39

Hero Member
Mar 26, 2017
670
261
...but some had said the year she was born would make a difference- I just don’t remember which year that is , if born before that year then she would be Canadian , otherwise no
In the OP's case, I don't believe his/her mother can ever be a Canadian by descent because she was born to a non-Canadian in 1963 due to the 1947 Act that said that married Canadian women could not pass down citizenship to her children; so this would mean that the OP's US-born grandmother was not Canadian by descent when his/her mother was born in 1963. The earliest the grandmother could have become a Canadian citizen is with the 1977 Act as a special grant that was not retroactive to her date of birth, and because the grant was not retroactive, any children born before the 1977 Act (i.e. OP's mother born in 1963) are not Canadian by descent.
 

Cath-Toronto

Full Member
Jun 22, 2016
28
0
Thank you all so much! Yes, that was what I thought as well.

Citizenship and immigration are funny - my grandmother is Canadian, my mother is not, and I am (through naturalization from immigrating to Canada). Life is funny!
 

hawk39

Hero Member
Mar 26, 2017
670
261
Thank you all so much! Yes, that was what I thought as well.

Citizenship and immigration are funny - my grandmother is Canadian, my mother is not, and I am (through naturalization from immigrating to Canada). Life is funny!
If your mother wants to be Canadian, you can apply to enter the parent sponsorship lottery. If you're picked, then you can sponsor her for permanent residency, and after fulfilling the requirements, she can apply for citizenship.