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Interesting question

Bjf1957

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My husband's mother was born in Ontario, but moved to New York in the 1920's. She had to renounce her citizenship when she became a US citizen. Hubby was then born a US citizen in 1953. How does the law see him? Is there any potential for him to be able to claim Canadian Citizenship?
 

Rob_TO

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Bjf1957 said:
My husband's mother was born in Ontario, but moved to New York in the 1920's. She had to renounce her citizenship when she became a US citizen. Hubby was then born a US citizen in 1953. How does the law see him? Is there any potential for him to be able to claim Canadian Citizenship?
If she formally renounced her Canadian citizenship, then she would have no ability to pass on citizenship so your husband would have no claim to Canadian citizenship today.
 

links18

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Feb 1, 2006
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Bjf1957 said:
My husband's mother was born in Ontario, but moved to New York in the 1920's. She had to renounce her citizenship when she became a US citizen. Hubby was then born a US citizen in 1953. How does the law see him? Is there any potential for him to be able to claim Canadian Citizenship?
When did his mother become a U.S. Citizen?

Your husband is probably already a Canadian citizen, unless his mother went before a Canadian official and definitively renounced her Canadian citizenship prior to his birth. Simply "renouncing" Canadian citizenship in the course of US naturalization is unlikely to be viewed by Canada as a formal renunciation. Your husband should apply for a Canadian citizenship certificate and see what happens.
 

itsmyid

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links18 said:
When did his mother become a U.S. Citizen?

Your husband is probably already a Canadian citizen, unless his mother went before a Canadian official and definitively renounced her Canadian citizenship prior to his birth. Simply "renouncing" Canadian citizenship in the course of US naturalization is unlikely to be viewed by Canada as a formal renunciation. Your husband should apply for a Canadian citizenship certificate and see what happens.
That part is pretty clear in the original post
"She had to renounce her citizenship when she became a US citizen. Hubby was then born a US citizen in 1953."
 

links18

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itsmyid said:
That part is pretty clear in the original post
"She had to renounce her citizenship when she became a US citizen. Hubby was then born a US citizen in 1953."
Yeah, when as it "What year?" Is that in the post?
 

alphazip

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Rob_TO said:
If she formally renounced her Canadian citizenship, then she would have no ability to pass on citizenship so your husband would have no claim to Canadian citizenship today.
The word "renounced" really seems to confuse a lot of people. The U.S. did NOT require an applicant for naturalization to renounce their Canadian citizenship to Canadian authorities. What they required is that the applicant renounce foreign loyalties as part of the U.S. naturalization process, i.e. to U.S. authorities. That kind of renunciation DID matter, up until 1977. However, as of April 17, 2009 (or 2015 for those who lost British subject status before 1947), those renunciations made to U.S. (or other foreign) authorities by Canadians before 1977 are ignored.

There is a 99.9% chance that your husband is a Canadian citizen.
 

links18

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alphazip said:
The word "renounced" really seems to confuse a lot of people. The U.S. did NOT require an applicant for naturalization to renounce their Canadian citizenship to Canadian authorities. What they required is that the applicant renounce foreign loyalties as part of the U.S. naturalization process, i.e. to U.S. authorities. That kind of renunciation DID matter, up until 1977. However, as of April 17, 2009 (or 2015 for those who lost British subject status before 1947), those renunciations made to U.S. (or other foreign) authorities by Canadians before 1977 are ignored.

There is a 99.9% chance that your husband is a Canadian citizen.
Was it the "renunciation" that mattered before 1977 or simply the acquisition of foreign citizenship?
 

alphazip

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links18 said:
Was it the "renunciation" that mattered before 1977 or simply the acquisition of foreign citizenship?
Yes, you're right...it was the acquisition of a foreign citizenship that led to the loss of Canadian citizenship. Since most Canadians who lost their citizenship did so by becoming U.S. citizens, and since renunciation was (and is) such an integral part of the U.S. naturalization process, it's understandable that renunciation and naturalization could be viewed as being one and the same.