Citizenship by Descent

[Ter101]

I have my dads cousin, maybe i should try that. This waiting game sux i just wish i could get some indication. I just emailed the citizenship minister so lets see.
Thanks guys!

 

[scylla]

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?

My bad - I thought you applied last year. In that case that is long...

 

[scylla]

I would order your case notes to see what's happening. That will probably get you more answers than the MP.

 

[Ter101]

How do i order my case notes?

 

[links18]

How do i order my case notes?

Try here: https://atip-aiprp.apps.gc.ca/atip/welcome.do

You want to make a request under the Privacy Act as it is free. I think you have to be a Canadian Citizen or a Permanent Resident to do it though. I don't know what you would say: We think you are a Canadian citizen, but I wouldn't want CIC to think you are falsely claiming to be Canadian, if they disagree.

Could his dad make the request on his behalf with a letter of consent?

 

[Ter101]

Hmmm yip it doesnt look like i can do it if i am not a citizen yet
Is there anyone else i could contact? These past couple of months i've been going crazy. I really thought i would have known within the first year.

 

[scylla]

Do a google search. There are ways of ordering your notes if you are not a citizen and outside of Canada. You just have to pay someone else a fee to assist you with the process.

 

[alphazip]

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!

There are two rules involved:

1) Births abroad between 1947 & 1977 had to be registered with the Canadian government. Not only that, but the individual had to retain his/her citizenship by the age of 22 AND divest himself/herself of any other citizenship the person possessed. (I know of people who had to choose when they were 21 whether they were going to be Canadian citizens or U.S. citizens.)
2) Between 1977 & 2009, births abroad did not have to be registered, but such individuals had to retain their citizenship by their 28th birthday.

So, if we go back to your father, was his citizenship registered in 1955, and did he retain his citizenship by choosing Canadian citizenship over his other (I assume South African) citizenship before his 22nd birthday? Please explain how you know that your father has always been a Canadian citizen. (Even if he lost his citizenship at some point, he would be a Canadian citizen as of 2009.)

If your father was a Canadian citizen when you were born in 1984, then your birth did not have to be registered. You would have had to retain your citizenship by your 28th birthday, but since you didn't reach that age by 2009, that requirement does not apply.

In summary, I would say that the question of your right to Canadian citizenship rests on whether or not your father was a Canadian citizen when you were born.

 

[screech339]

Ter101 did say in her posts that her father has Canadian citizenship at the time of her birth.

 

[alphazip]

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.

This is not correct. The 2009 law gave citizenship to persons born outside of Canada in the 1st generation. The OP is in the 2nd generation. The OP will only be a citizen now if he/she was already a Canadian citizen before the 2009 law took effect. Therefore, the 2009 law did nothing to help the OP's case. Indeed, it may have harmed it by limiting citizenship to the 1st generation born abroad.

 

[alphazip]

Ter101 did say in her posts that her father has Canadian citizenship at the time of her birth.

Yes, I know the OP said that. And now I'd like the OP to elaborate on that fact. If the father was born abroad and lived abroad, did he really renounce the citizenship of the country where he was born in favour of Canadian citizenship? That's what was required under the first Canadian Citizenship Act.

"6. Notwithstanding anything contained in section four or section five of this Act, a person who is...born after the commencement of this Act and outside of Canada elsewhere than on a Canadian ship, shall cease to be a Canadian citizen upon the expiration of one year after he attains the age of twenty-one years unless after attaining that age and before the expiration of the said year

(a) he asserts his Canadian citizenship by a declaration of retention thereof, registered in accordance with the regulations; and
(b)if he is a national or citizen of a country other than Canada under the law of which he can, at the time of asserting his Canadian citizenship, divest himself of the nationality or citizenship of that country by making a declaration of alienage or otherwise, he divests himself of such nationality or citizenship."

 

[Ter101]

Hi thanks for your detailed reply. My father was born in South Africa (his dad was born in Canada) his birth was registered i think soon after he was born. He is not a citizen of South Africa as they wanted him to give up his Canadian citizenship which he refused to do. He was definitely a citizen when i was born (in 1984) and he is still a citizen.
I did turn 28 after the 2009 rule so i am hoping this will work out in my Favour
If it helps all my cousins are citizens of Canada although their parents applied for citizenship when they were kids (30 odd years ago)

 

[links18]

Possibly--just a guess--part of the hold up is CIC investigating South African nationality law to make sure your dad didn't give up Canadian citizenship before you were born. What status does your dad have/had in South Africa, if he wasn't a citizen? What evidence did you send with your application that your dad was Canadian at the time of your birth?