First vs Second Generation – Mother's 1947 Citizenship Status

[ra2258]

I'm seeking clarification on whether I'm considered first or second generation born abroad for Canadian citizenship purposes, as this directly affects my eligibility for citizenship by descent.

Background:

• Grandfather: Born in Canada; served in the Canadian Merchant Marines during WWII; KIA in 1942
• Mother: Born in Philadelphia in 1937 to a Canadian father and American mother
• Me: Born in the U.S. in 1963

Key Details:
In 2024, my mother received a Canadian citizenship certificate stating her effective date of citizenship as January 1, 1947, the day the Canadian Citizenship Act came into effect. Her certificate was issued under Section 5(1)(b) of the 1947 Act, recognizing her as a minor child of a Canadian citizen at that time.

My Question:
Since my mother was legally a Canadian citizen from 1947 onward (as confirmed by her certificate), and I was born in 1963 to a mother who was already a citizen, am I considered:

1. First generation born abroad (eligible for citizenship by descent), or
2. Second generation born abroad (and thus barred by the first-generation limit)?

My understanding is that I fall under the first generation category, because my mother was already a Canadian citizen at the time of my birth. The certificate issued in 2024 is simply proof of her pre-existing status, not a recent grant of citizenship.

If anyone has encountered a similar case or has legal insight into this situation, I’d really appreciate your input.

 

[armoured]

I'm seeking clarification on whether I'm considered first or second generation born abroad for Canadian citizenship purposes, as this directly affects my eligibility for citizenship by descent.

Background:

• Grandfather: Born in Canada; served in the Canadian Merchant Marines during WWII; KIA in 1942
• Mother: Born in Philadelphia in 1937 to a Canadian father and American mother
• Me: Born in the U.S. in 1963

Key Details:
In 2024, my mother received a Canadian citizenship certificate stating her effective date of citizenship as January 1, 1947, the day the Canadian Citizenship Act came into effect. Her certificate was issued under Section 5(1)(b) of the 1947 Act, recognizing her as a minor child of a Canadian citizen at that time.

My Question:
Since my mother was legally a Canadian citizen from 1947 onward (as confirmed by her certificate), and I was born in 1963 to a mother who was already a citizen, am I considered:

1. First generation born abroad (eligible for citizenship by descent), or
2. Second generation born abroad (and thus barred by the first-generation limit)?

My understanding is that I fall under the first generation category, because my mother was already a Canadian citizen at the time of my birth. The certificate issued in 2024 is simply proof of her pre-existing status, not a recent grant of citizenship.

If anyone has encountered a similar case or has legal insight into this situation, I’d really appreciate your input.

Better to post in the sub-forum here about citizenship.

I would suggest using this tool:

https://ircc.qualtrics.com/jfe/form/SV_3pJ5oXgZNBj0r1c?Q_Language=EN

(It is a Canadian govt site despite the name, doesn't ask for identifying info - you get there from here: https://www.canada.ca/en/immigratio...dian-citizen/eligibility/already-citizen.html )

I tried entering / answering questions based on what you provided, and got response that you probably are a citizen. This was based on entering that you were born (betw. '47 and '77) to a person who was a citizen before you were born, which I think is the correct legal interpretation (since your mother's effective date of citizenship was '47). [Note that the answer to most of the previous questions was negative, but the wording of some is tricky.]

That said: I'm not an expert and I find the citizenship provisions pre-47 to be confusing.

Worth noting that there is draft legislation - i.e. not sure it will pass in current form - but I don't think any provisions in current draft make citizenship harder for anyone ('new' provisions for second-generation born in future). (Don't rely on my reading of the draft though)

 

[scylla]

I'm seeking clarification on whether I'm considered first or second generation born abroad for Canadian citizenship purposes, as this directly affects my eligibility for citizenship by descent.

Background:

• Grandfather: Born in Canada; served in the Canadian Merchant Marines during WWII; KIA in 1942
• Mother: Born in Philadelphia in 1937 to a Canadian father and American mother
• Me: Born in the U.S. in 1963

Key Details:
In 2024, my mother received a Canadian citizenship certificate stating her effective date of citizenship as January 1, 1947, the day the Canadian Citizenship Act came into effect. Her certificate was issued under Section 5(1)(b) of the 1947 Act, recognizing her as a minor child of a Canadian citizen at that time.

My Question:
Since my mother was legally a Canadian citizen from 1947 onward (as confirmed by her certificate), and I was born in 1963 to a mother who was already a citizen, am I considered:

1. First generation born abroad (eligible for citizenship by descent), or
2. Second generation born abroad (and thus barred by the first-generation limit)?

My understanding is that I fall under the first generation category, because my mother was already a Canadian citizen at the time of my birth. The certificate issued in 2024 is simply proof of her pre-existing status, not a recent grant of citizenship.

If anyone has encountered a similar case or has legal insight into this situation, I’d really appreciate your input.

You would be second generation. Your mother was not born in Canada. So she would be the first generation born abroad.

 

[hawk39]

I'm seeking clarification on whether I'm considered first or second generation born abroad for Canadian citizenship purposes, as this directly affects my eligibility for citizenship by descent.

Background:

• Grandfather: Born in Canada; served in the Canadian Merchant Marines during WWII; KIA in 1942
• Mother: Born in Philadelphia in 1937 to a Canadian father and American mother
• Me: Born in the U.S. in 1963

Key Details:
In 2024, my mother received a Canadian citizenship certificate stating her effective date of citizenship as January 1, 1947, the day the Canadian Citizenship Act came into effect. Her certificate was issued under Section 5(1)(b) of the 1947 Act, recognizing her as a minor child of a Canadian citizen at that time.

My Question:
Since my mother was legally a Canadian citizen from 1947 onward (as confirmed by her certificate), and I was born in 1963 to a mother who was already a citizen, am I considered:

1. First generation born abroad (eligible for citizenship by descent), or
2. Second generation born abroad (and thus barred by the first-generation limit)?

My understanding is that I fall under the first generation category, because my mother was already a Canadian citizen at the time of my birth. The certificate issued in 2024 is simply proof of her pre-existing status, not a recent grant of citizenship.

If anyone has encountered a similar case or has legal insight into this situation, I’d really appreciate your input.

Was your grandfather a Crown servant when your mother was born? If he was, then you would be exempt from the first-generation limit.