Citizenship through grandparent
- Thread starter txby_g
- Start date
Unfortunately you have no claim to citizenship since you are the second generation born abroad. Only your father would have a claim to citizenship.
Hi,
As far as I'm aware, if you were born before 2009 you could claim citizenship by descent for two generations born outside Canada - is this true?
No - this isn't true under current citizenship rules. Unfortunately this is a common misinterpretation.
Hi, I've emailed the local Canadian Embassy and asked whether the 2009 and 2015 rules were retroactive and was told: 'The new citizenship laws apply only to those born after 2009. So, if you were born before 2009, then you may apply.'
Unfortunately they either misunderstood your question or don't actually understand the rules (sadly the second is quite possible).
What's critical is what the status was of your Canadian parent at the time of your birth. Were they born in Canada? Or did they naturalize before your birth? Or be recognized as a citizen before your birth? The details will matter here. When everyone was born, where, etc.
just posted in another thread about this - sorry for spamming.
My grandfather became a naturalised Canadian citizen in the 60s.
My mum got a citizenship certificate as a minor at the same time (but we can’t find it atm so she would have to apply for a replacement.) We are unsure if she would have lost her right as we read about the Citizenship Acts of 1947 and 1977 - I'm confused as to how you could lose your citizenship status due to lengthy absences?
My aunt (my mum’s sister), who was 14 when my grandfather was naturalised, never received a citizenship certificate. We don't know if my grandfather ever applied on her behalf like he did with his other daughter.
Myself and my aunt's son are both born before 2009. Could we be eligible just by virtue of being grandchildren of a Canadian citizen at the time of our birth? (assuming no based on what was just said in the previous messages.)
My grandfather became a naturalised Canadian citizen in the 60s.
My mum got a citizenship certificate as a minor at the same time (but we can’t find it atm so she would have to apply for a replacement.) We are unsure if she would have lost her right as we read about the Citizenship Acts of 1947 and 1977 - I'm confused as to how you could lose your citizenship status due to lengthy absences?
My aunt (my mum’s sister), who was 14 when my grandfather was naturalised, never received a citizenship certificate. We don't know if my grandfather ever applied on her behalf like he did with his other daughter.
Myself and my aunt's son are both born before 2009. Could we be eligible just by virtue of being grandchildren of a Canadian citizen at the time of our birth? (assuming no based on what was just said in the previous messages.)
In that case I think you might have a chance since your mother got a citizenship certificate as a minor. You need someone smarter than me to comment.
I don't normally tag other forum members. But in this case: @hawk39
Under Part III, paragraph 20 of the 1947 Act, a naturalized Canadian can lose their citizenship if they reside outside of Canada for six consecutive years; unless they are doing so because of Canadian business, for health reasons, if their spouse or parent is a natural-born Canadian, or they notified the government and received an extension to this rule. Because your mother was naturalized between 1947 and 1977, she would have fallen under this rule because under Part III, paragraph 18, if the parent loses citizenship, so does the child.
With the exception of the Crown servant grandparent rule, @scylla is correct in that status and details of the parent is the determining factor in regards to citizenship by descent.
In regards to your case, if your grandfather and mother had resided outside of Canada for six consecutive years (with the sixth year ending on a day before February 15, 1977) before the 1977 Act commenced, then they would have automatically lost their Canadian citizenship because of the aforementioned rule; your mother would not have been considered a Canadian citizen at that moment in time you were born. However the 2009 Act would have retroactively restored your mother's citizenship to the date of loss, and because you are of the first generation born abroad to a naturalized citizen, you are eligible for citizenship by descent today.
In regards to your aunt's son, you need to find out if your aunt was also naturalized with your mother and grandfather. If she was, then same story, and her son would also be eligible for citizenship today. If she was not though, then he would have no claim whatsoever.
Thank you so much both this is extremely helpful.
Am I right in thinking my mother would then qualify as (d) a minor of one case between points a-c, between when they left and 1977 as she would have been a minor until 1976 and therefore the period between when they left and 1977 which would count towards the loss would be discounted of the time in which she was a minor?
We also know that, regardless of his physical presence, my grandfather was still a citizen in the 1980s which makes us deduce he wouldn't have lost his citizenship under this act anyway. Does this have any implications for my status or my cousin's? Or is there no way whatsoever you can claim citizenship by descent in the second generation, without it passing via the parent, even if you were born before 2009?
I've read points b-d of paragraph 20 and even though I dont know when and how long for he/they left Canada before 1977, I think my grandfather would qualify as (b) employee/ representative of a company established in Canada.
Am I right in thinking my mother would then qualify as (d) a minor of one case between points a-c, between when they left and 1977 as she would have been a minor until 1976 and therefore the period between when they left and 1977 which would count towards the loss would be discounted of the time in which she was a minor?
We also know that, regardless of his physical presence, my grandfather was still a citizen in the 1980s which makes us deduce he wouldn't have lost his citizenship under this act anyway. Does this have any implications for my status or my cousin's? Or is there no way whatsoever you can claim citizenship by descent in the second generation, without it passing via the parent, even if you were born before 2009?
As long as your grandfather was employed by a Canadian-based business, then he and your mother would have been exempted from the loss of citizenship by that rule. If he were to stop being employed by said business, then I believe the six-year countdown would have begun on the day of his job termination. This rule was not mentioned in the 1977 Act, so it was abolished by it. As long as they were still citizens by the commencement of the 1977 Act, then they were no longer at risk of losing citizenship for residing outside of Canada after that.
If your aunt was also naturalized by your grandfather, then just as with your eligibility because of your mother's status, he would also be eligible for citizenship through his mother (your aunt).
Since you've established the claim that your grandfather and mother did not lose their citizenship, if that is true, then the good news is that you and any of your children born before the commencement of the 2009 Act are also citizens by descent, because the 1977 Act did not have a generational limit, and the 2009 Act did not revoke citizenship if the person had already been eligible regardless of generation. The same would be true for your cousin and his children, if he can verify that his mother was also naturalized.
For those of the second generation born after the 2009 Act, or whose parent's citizenship was restored/granted under the Act, the only way today would be the Crown servant exception. Just as @scylla said before, it all depends on the details of the parent.
thank you so much for this - more informative than any other source online!
In terms of providing proof of this in the application- when my mum submits her application for a replacement of her certificate, would you suggest providing my grandfather's documents straight away to show both him and her would have been exempt from losing the citizenship under the 1947 act, or would you say her and I should send our applications and only provide our grandfather's documents if they request them? We would answer yes to the question asking whether she had been absent from Canada before 1977 for more than one year - would that trigger their request for more info and so delay our application? I'm also conscious they suggest not providing more documentation than they initially ask for etc.
Usually, it's not advised to send anything that is not asked, but in this case, since you are seeking a replacement to a certificate that your mother lost so long ago, it may be beneficial to include a copy of your grandfather's citizenship document to prove the link between him and your mother, and a short note to explain why you are including that document. Since she was included on your grandfather's application, it would make it easier and faster for IRCC to find her information because they would have an immediate point of reference (i.e.: your mother's name on your grandfather's application).
When they examine her application, they will rely on their own research and records to make the correlations and match up what your mother is submitting to determine what her status is. Remember, the 2009 Act automatically restored citizenships lost due to previous legislations, such as the 'long absence rule'; there is no need to prove today that they were exempted back then.
I don't think so. In the box where she would put down her reason for the absence, just write something like 'Moved to (insert country's name) because my father was transferred there by his employer (insert company name)'. If you have proof of his employment, like an identification badge or transfer letter, submit a copy of it with a short note if you feel inclined to.
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