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Establishing Canadian Citizenship By Descent As An Adult

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
I edited my original entry to add clarification/detail to our situation. Is our son automatically considered “Canadian” because his father who was born in Greece has a Canadian citizenship? I am an American citizen.
Thank you!
If either parent is a naturalized Canadian citizen or born in Canada as a citizen, before the child is born, the child will be a Canadian citizen also.
 

Diamond007

Newbie
Jun 19, 2019
8
1
My grandmother was born in Canada in 1922. In 1923 she moved to the US and had a daughter born there in 1948. I was born in the US in July of 1981. Can I claim Canadian citizenship by descent?
 

hawk39

Hero Member
Mar 26, 2017
667
259
My grandmother was born in Canada in 1922. In 1923 she moved to the US and had a daughter born there in 1948. I was born in the US in July of 1981. Can I claim Canadian citizenship by descent?
If your mother was born in wedlock:

Did your grandmother get US citizenship before your mother was born?
  • If she did, then you can not claim citizenship by descent because of the first generation limit.
  • If she did not, then go my next question.

Did your mother apply for the special grant of citizenship under 5(2)(b) of the 1977 Act before your birth?
  • If she did, then you can claim citizenship by descent today as you would have been deemed a Canadian citizen when you were born because the 2009 Act (when the first generation limit was enacted) did not take away your status as a second generation.
  • If she did not, then you can not claim citizenship by descent because of the first generation limit.
If your mother was born out of wedlock:

Did your grandmother get US citizenship before your mother was born?
  • If she did, then you can not claim citizenship by descent because the first generation limit.
  • If she did not, then go to my next question.
Did your grandmother register your mother's birth with the Canadian government?
  • If she did not, then you can not claim citizenship by descent because of the first generation limit.
  • If she did, then go to my next question.
Did your mother apply for retention of her Canadian citizenship?
  • If she did, then you can claim citizenship by descent today as you would have been deemed a Canadian citizen when you were born because of the 2009 Act (when the first generation limit was enacted) did not take away your status as a second generation.
  • If she did not, then you can not claim citizenship by descent because of the first generation limit.
 

Diamond007

Newbie
Jun 19, 2019
8
1
My grandmother got U.S. citizen before my mother was born unfortunately. Would it be possible for my mother to claim her Canadian citizenship through descent and then once she has citizenship I can then apply for it as well?
 
Last edited:

hawk39

Hero Member
Mar 26, 2017
667
259
My mother got U.S. citizen before my mother was born unfortunately. Would it be possible for my mother to claim her Canadian citizenship through descent and then once she has citizenship I can then apply for it as well?
Your mother can claim citizenship, but you can not because of the first generation limit. When your grandmother obtained US citizenship and lost her British Subject status, she was deemed to be not a Canadian citizen with the commencement of the 1947 Act. Her Canadian citizenship would be restored by the 2015 Act, and at the same time, your mother became a citizen by descent as the first generation born abroad, as "lost Canadians". But because you are the child of a first generation citizen by descent, you are considered of the second generation; under the first generation limit, you are ineligible for citizenship by descent.
 

nathan lavery

Newbie
Apr 14, 2019
8
1
Hi



1, Yes, first generation born abroad. Apply for your proof of citizenship. You will need a copy of your mother's birth certificate
Hi I wondered if u may have any knowledge of how the actual process goes.

I submitted my application in September
and today I received my UCI and Application numbers via E-mail.

I went on to the “check my status” tool and neither my UCI or Application number found any results.

The website does say that just because I received my UCI (earlier today)
that does not necessarily mean that processing has began and hence why my UCI and application number are currently showing no results on the
“check my status” tool.

I just wondered if yourself or anyone else can provide some guidance ??

many thanks
 

hawk39

Hero Member
Mar 26, 2017
667
259
Hi I wondered if u may have any knowledge of how the actual process goes.

I submitted my application in September
and today I received my UCI and Application numbers via E-mail.

I went on to the “check my status” tool and neither my UCI or Application number found any results.

The website does say that just because I received my UCI (earlier today)
that does not necessarily mean that processing has began and hence why my UCI and application number are currently showing no results on the
“check my status” tool.

I just wondered if yourself or anyone else can provide some guidance ??

many thanks
Just be patient and check the website daily. The email you got is your Acknowledgment of Receipt, meaning that your application was deemed complete to their standards and is in the queue for evaluation by an officer.
 
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nathan lavery

Newbie
Apr 14, 2019
8
1
Just be patient and check the website daily. The email you got is your Acknowledgment of Receipt, meaning that your application was deemed complete to their standards and is in the queue for evaluation by an officer.
I will do!

thank you for the advice
 

PirateJohn

Member
Jan 31, 2020
13
3
I only very recently learned about this law and if I am, indeed, a Canadian citizen, I think I would like to apply for a passport.

My question is whether birth of a parent in Canada makes the citizenship automatic. My unique situation is that my dad was born in Canada and is a dual citizen, but has never lived in Canada. When he was born in 1942, his family lived in a tiny border town that had no hospital. When it was time for him to be born, the only nearby hospital was across the border in New Brunswick, so his parents went there to give birth to him, then crossed the border back to Maine after his birth.

I was born in Maine in 1975 and have lived in the USA my whole life.

So does the citizenshop law apply to me, too? Or does my father have to have actually lived in Canada at some point for it to apply?
 

hawk39

Hero Member
Mar 26, 2017
667
259
I only very recently learned about this law and if I am, indeed, a Canadian citizen, I think I would like to apply for a passport.

My question is whether birth of a parent in Canada makes the citizenship automatic. My unique situation is that my dad was born in Canada and is a dual citizen, but has never lived in Canada. When he was born in 1942, his family lived in a tiny border town that had no hospital. When it was time for him to be born, the only nearby hospital was across the border in New Brunswick, so his parents went there to give birth to him, then crossed the border back to Maine after his birth.

I was born in Maine in 1975 and have lived in the USA my whole life.

So does the citizenshop law apply to me, too? Or does my father have to have actually lived in Canada at some point for it to apply?
What probably happened is that your father, under British nationality law at that time, was not granted British subject status when he was born because under US law he was American at birth by his parents and multiple citizenship was not allowed, and was not deemed to be a Canadian citizen when it began in 1947. He retroactively became a citizen in 2015 as a "lost Canadian", and at the same time, you became eligible for citizenship by descent as the first generation born abroad.

There is no residency requirement to maintain citizenship.
 

PirateJohn

Member
Jan 31, 2020
13
3
What probably happened is that your father, under British nationality law at that time, was not granted British subject status when he was born because under US law he was American at birth by his parents and multiple citizenship was not allowed, and was not deemed to be a Canadian citizen when it began in 1947. He retroactively became a citizen in 2015 as a "lost Canadian", and at the same time, you became eligible for citizenship by descent as the first generation born abroad.

There is no residency requirement to maintain citizenship.
Thanks for the info. I do know my dad is a dual citizen, as he worked in Montreal for a time (he'd fly there on Monday then back to the US on Friday -- road warrior level: over nine thousand). I'm going to have to apply, I think -- in my line of work, being able to work in Canada would open a lot of doors.
 

jharsh0101

Newbie
Mar 20, 2020
1
0
I'm curious to know if anyone has had any luck claiming citizen by descent from a great-grandparent (I recognise this is a long-shot but am a bit confused as to which laws are retroactive or not). Here is the lineage:
Great-Grandmother: Born 1911 in Saskatchewan born to a UK-born Father and Canada-born Mother
Emigrated to the US in 1926.
Married and Italian-citizen in 1930.
Applied for US Citizenship in 1940.
Grand-father born in USA in 1931
Mother born in USA in 1964
I was born in USA in 1995.

I'm not sure if it's worth exploring more or not, and any info would be greatly appreciated.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

I'm curious to know if anyone has had any luck claiming citizen by descent from a great-grandparent (I recognise this is a long-shot but am a bit confused as to which laws are retroactive or not). Here is the lineage:
Great-Grandmother: Born 1911 in Saskatchewan born to a UK-born Father and Canada-born Mother
Emigrated to the US in 1926.
Married and Italian-citizen in 1930.
Applied for US Citizenship in 1940.
Grand-father born in USA in 1931
Mother born in USA in 1964
I was born in USA in 1995.

I'm not sure if it's worth exploring more or not, and any info would be greatly appreciated.
1. Too far removed. https://na1se.voxco.com/SE/default.aspx