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Citizenship through ancestor.

Razzashi99

Newbie
Mar 24, 2019
4
0
Hi,

I have read this from another website and I was wondering if it was true and if I qualify for it.

"However, and this is a BIG however, the "first generation rule" only came into force on 17 April 2009 and is not retroactive. So if you were born prior to 17 April 2009 when the new rule came into effect, you’re in luck and can still claim Canadian citizenship regardless of how many generations back your Canadian direct ascendants were born in Canada (subject unfortunately again to some significant exceptions)."

I was born in 1999, in the United States

One of my ancestors was born in 1861 in Ontario and died in 1953 in the United States.
 

foodie69

Champion Member
Dec 18, 2015
2,811
830
1861??? No chance to claim citizenship through ancestry. Where were your parents born? Grandparents?
 

foodie69

Champion Member
Dec 18, 2015
2,811
830
Ok, still no chance then..if your dad or mom were Canadian, then yes.

But your scenario is too far back.
 

hawk39

Hero Member
Mar 26, 2017
660
250
Hi,

I have read this from another website and I was wondering if it was true and if I qualify for it.

"However, and this is a BIG however, the "first generation rule" only came into force on 17 April 2009 and is not retroactive. So if you were born prior to 17 April 2009 when the new rule came into effect, you’re in luck and can still claim Canadian citizenship regardless of how many generations back your Canadian direct ascendants were born in Canada (subject unfortunately again to some significant exceptions)."

I was born in 1999, in the United States

One of my ancestors was born in 1861 in Ontario and died in 1953 in the United States.
What website did you quote that off of? Without reading it in its entirety, that quote is a very misleading and incomplete explanation.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Perhaps you should have also included the next paragraph, which is a major stumbling block.

But your ancestor must have been a British Subject as of 1 January 1947, the date on which the Canadian Citizenship Act came into force (with a slightly later date if your ancestor is from Newfoundland). This means that practically there was a limit on the number of generations citizenship could be passed down.
 

Razzashi99

Newbie
Mar 24, 2019
4
0
Perhaps you should have also included the next paragraph, which is a major stumbling block.
She was still living during that time so shouldn't she have automatically become a Canadian citizen since she was a British Subject due to her place of birth?
 

ZingyDNA

Champion Member
Aug 12, 2013
1,252
185
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2111
Job Offer........
Pre-Assessed..
App. Filed.......
28-06-2013
AOR Received.
28-08-2013
IELTS Request
Sent with Application
Med's Request
21-02-2014 (principal applicant)
Med's Done....
07-03-2014 (both, upfront for spouse)
Passport Req..
10-04-2014
VISA ISSUED...
22-04-2014
LANDED..........
13-06-2014
She was still living during that time so shouldn't she have automatically become a Canadian citizen since she was a British Subject due to her place of birth?
Was she your parent? Grandparents and great grandparents can't pass their Canadian citizenship to you.
 

hawk39

Hero Member
Mar 26, 2017
660
250
The lack of specific facts makes it look more like an advertisement for that law firm than an informative blog.

She was still living during that time so shouldn't she have automatically become a Canadian citizen since she was a British Subject due to her place of birth?
Yes she did, provided that she did not lose her British Subject status before then. But British and Canadian law, back then, prohibited married women from passing on citizenship to their children. So any children she had did not get British Subject status, or Canadian citizenship in 1947 when she did.

Later on in 1977, a special grant of citizenship was made available to said children but it was not retroactive to their date of birth, so any children they had before gaining this special grant would not be eligible for citizenship by descent. Since your ancestor's children would probably been born way before this time, their children (ancestor's grandchildren) would not have been able to benefit from their parent's special grant (if they had applied for it).

The 2009 changes granted citizenship to those born abroad of any age to Canadian parents but who did not acquire it because of previous legislations (a.k.a. "Lost Canadians"), but because of the first generation limit, only the first generation born abroad would benefit. So only your ancestor's children would be able to claim citizenship today.
 
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itsmyid

Champion Member
Jul 26, 2012
2,250
649
The lack of specific facts makes it look more like an advertisement for that law firm than an informative blog.


Yes she did, provided that she did not lose her British Subject status before then. But British and Canadian law, back then, prohibited married women from passing on citizenship to their children. So any children she had did not get British Subject status, or Canadian citizenship in 1947 when she did.

Later on in 1977, a special grant of citizenship was made available to said children but it was not retroactive to their date of birth, so any children they had before gaining this special grant would not be eligible for citizenship by descent. Since your ancestor's children would probably been born way before this time, their children (ancestor's grandchildren) would not have been able to benefit from their parent's special grant (if they had applied for it).

The 2009 changes granted citizenship to those born abroad of any age to Canadian parents but who did not acquire it because of previous legislations (a.k.a. "Lost Canadians"), but because of the first generation limit, only the first generation born abroad would benefit. So only your ancestor's children would be able to claim citizenship today.
After this discussion people should be ready to answer related questions on citizenship test now lol