Citizenship by Descent

[Ter101]

I would be so grateful if somebody could help me find out if I am able to get Canadian citizenship!
My Grandfather was Canadian. He was born there. My Dad was born outside Canada in 1955 but has always had Canadian Citizenship. I was born in 1984 outside Canada (My dad was a Canadian Citizen when I was born)
I don't know why he never applied for citizenship when I was a child Sad Every single one of my cousins has citizenship- same scenario also born outside Canada (their parents were also born outside Canada)
I know the laws changed in 2009, I believe if my dad was not born In Canada I may not get citizenship? But then on another website it says I do qualify if I had my 28th birthday after April 2009?
I am very confused!
Ps I have applied already (they started processing my application in July 2014 and it is still in process)
I just would like some idea as to whether I may get Citizenship or not?
Thanks in advance!

 

[links18]

I think you are out of luck. Your father would have had to register your birth and you would have had to reaffirm your Canadian citizenship before 2008. The key question, I think, is were you already Canadian when the 2009 laws took effect?

 

[Ter101]

Hmmm that would really suck I don't think he ever registered my birth in Canada

 

[screech339]

It is likely that you will get citizenship. The key fact is that your father has canadian citizenship at time of your birth. That is the most critical fact. Even if your father didn't registered your birth, you will get it under the 2009 citizenship law.

If however your father did registered your birth to Canadian authorities and you failed to retain your citizenship by age 28, then you would not get citizenship back under the new 2009 law despite you having it before.

When you get your citizenship under 2009 law, you still cannot pass on your citizenship to your children if you already have them, or any future children.

 

[links18]

It is likely that you will get citizenship. The key fact is that your father has canadian citizenship at time of your birth. That is the most critical fact. Even if your father didn't registered your birth, you will get it under the 2009 citizenship law.

If however your father did registered your birth to Canadian authorities and you failed to retain your citizenship by age 28, then you would not get citizenship back under the new 2009 law despite you having it before.

When you get your citizenship under 2009 law, you still cannot pass on your citizenship to your children if you already have them, or any future children.

Even though his father was born outside of Canada?

 

[screech339]

Even though his father was born outside of Canada?

Yes, because the OP was born before the new 2009 rule and those who were not registered as Canadian under the old rule will become Canadian under the 2009 law. However if the father did registered her birth and she failed to retain her citizenship, only then that she lost it, even under the new 2009 law.

 

[links18]

Yes, because the OP was born before the new 2009 rule and those who were not registered as Canadian under the old rule will become Canadian under the 2009 law. However if the father did registered her birth and she failed to retain her citizenship, only then that she lost it, even under the new 2009 law.

I see now that there was no requirement to register foreign births after 1977. So, OP was automatically Canadian in 2009, when the new law came into effect. But I think OP would have been subject to the retention provisions if he had turned 28 before 2009? However, since he was 25 in 2009, he's OK?

So, sorry OP--I think you are probably already Canadian (as long as you are certain your father was a Canadian citizen when you were born). What did you apply for? It shouldn't take more than a year to get a citizenship certificate.

 

[Ter101]

Thanks everyone for the feedback. I'm still rather confused lol. I just wish there was a straight yes or no answer cic could give us.
My dad was definitely a citizen at the time of my birth so i am hoping that counts for something? He has also only ever been a Canadian citizen. I was worried about the fact that i never applied for citizenship when i was 28 but on another website this is the answer i received: "Yes, it's not a problem for you. Under the Citizenship Act of 1977 there is a requirement to retain citizenship or lose it at 28 for people in the second generation born abroad. But it was repealed in 2009, and did not affect people who were under 28 at the time (people born after 1981). In other words, it only affected people born between 1977 and 1981". Not sure if this is correct?
What do u guys think? Thanks again i appreciate the advice!

 

[Ter101]

Oh forgot to add that they received my application in July 2014 and started processing it in Aug 2014. It is taking a while is this a bad thing? What would cause an application such as mine to take so long? On the CiC website it says i should know by march 31st.

 

[scylla]

Oh forgot to add that they received my application in July 2014 and started processing it in Aug 2014. It is taking a while is this a bad thing? What would cause an application such as mine to take so long? On the CiC website it says i should know by march 31st.

There's nothing unusual about your processing times. These kind of applications routinely take 8 or more months. You'll just have to wait.

 

[Ter101]

Ok i just thought 17 months long? I received an email a couple of months ago to say that my application is in a que waiting to be assessed by a senior officer because of some policy or legislative issue pertaining to the case. Anybody have an idea what this means?

 

[links18]

17 months is not typical processing time. So there appears to be an issue of legal interpretation related to your case. Still, it shouldn't take more than a year and a half to get a decision. I assume you live outside Canada? Try writing the new Citizenship Minister to ask for a update or try reaching out to someone at the nearest Canadian consulate.

 

[Ter101]

Ok great ill do that. The Canadain Consulate in South Africa are the ones whom i have been dealing with. They just keep coming back saying that all i can do is wait while the application is being processed. They never give me answers its so frustrating
I wonder what sort of legal issue it could be?
Thanks ill try the new citizenship minister. Do you have an email address for them?

 

[links18]

Ok great ill do that. The Canadain Consulate in South Africa are the ones whom i have been dealing with. They just keep coming back saying that all i can do is wait while the application is being processed. They never give me answers its so frustrating
I wonder what sort of legal issue it could be?
Thanks ill try the new citizenship minister. Do you have an email address for them?

Do you have any relatives in Canada who could complain to their MP about the delay in your case?

 

[screech339]

Ok great ill do that. The Canadain Consulate in South Africa are the ones whom i have been dealing with. They just keep coming back saying that all i can do is wait while the application is being processed. They never give me answers its so frustrating
I wonder what sort of legal issue it could be?
Thanks ill try the new citizenship minister. Do you have an email address for them?

Unfortunately there is nothing you can do but wait it out.