Query about citizenship by descent

[Tevinter]

Hi guys, I've been looking into my potential status as a Canadian citizen by descent and I just want to check that I'm not horribly misunderstanding something.

Background:
My grandfather was a Canadian citizen who served in the Royal Canadian Airforce. I don't know the date he began his service but I do know he was serving at the time of my father's birth in 1956 in England and served until his death in 1957. As he died only one year after the birth of my father, my father's birth was never registered with the Canadian goverment, but when my father was 21 he applied for a Canadian citizenship card. He was granted one that's dated 1978 that I have in my possession but my father he thinks he was supposed to visit Canada and register there or something. He can't remember for sure and has since lost the letter that came with the card. I was born in 1993 in England.

My Question:
Reading the changes to Citizenship Act in 2009 it seems to me that the following is true:

• My father regardless of whether he was supposed to register in Canada at the time he obtained his citizenship card is a Canadian citizen as he was born to a Canadian father (1st gen citizenship by descent)
• As my grandfather was in the Canadian Royal Forces at the time of my fathers birth I also am a Canadian citizen

Does this sound right, the changes to the Citizenship Act have left me a little confused?

 

[alphazip]

Your father's Canadian citizenship would have originally fallen under the first Citizenship Act, which came into effect on January 1, 1947. According to that act, your father's birth would have had to be registered within two years and then he would have had to confirm his citizenship before age 22 (which was later apparently changed to 24). In addition, he would have had to renounce his non-Canadian citizenship. (Dual citizenship was not recognized by Canada until 1977). However, cases have been reported here where people (such as your father) received a citizenship certificate in situations not covered by this act. That being the case, I can't definitely say whether your father had any requirement to confirm his citizenship after receiving his card. The fact that the card is dated 1978, which is after that and the other requirements were eliminated, suggests that he did not. So, if he was a citizen when you were born, then you, although being the 2nd generation born abroad (but before 2009) would be a Canadian citizen today. Although there was a requirement that you confirm your citizenship by age 28, you had not reached that age in 2009, when that requirement was eliminated.

As to the 2009 provision for people who had a Canadian citizen grandparent serving abroad and who had a child born abroad at that time, my thinking is that it is not retroactive (i.e. relevant to births occurring before 2009). However, that is not totally clear. More discussion on that topic here: http://www.canadavisa.com/canada-immigration-discussion-board/-t429910.0.html

In your case, I would say that the best thing to do is to apply for proof of citizenship. I think you have a good chance of success.

 

[Leon]

You can find the application forms here: http://www.cic.gc.ca/english/information/applications/certif.asp

 

[Coffee1981]

You, my friend are in luck. It's very difficult to get Canadian Citizenship as a second generation abroad. However, you are lucky. As your grandfather was part of the armed forces, or "in the service of the crown", you, as a grandchild, are eligible for citizenship under section 3(5.1)(a) of the Citizenship Act:

Citizenship other than by way of grant — grandchild of person in service abroad

(5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant:

(a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

You will most likely have to dig up your grandfather's service records and your father's birth certificate to show he was born in wedlock at the time your grandfather was employed in the armed forces. You get those documents, you are golden.

 

[alphazip]

You, my friend are in luck. It's very difficult to get Canadian Citizenship as a second generation abroad. However, you are lucky. As your grandfather was part of the armed forces, or "in the service of the crown", you, as a grandchild, are eligible for citizenship under section 3(5.1)(a) of the Citizenship Act:

Citizenship other than by way of grant — grandchild of person in service abroad

(5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant:

(a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

You will most likely have to dig up your grandfather's service records and your father's birth certificate to show he was born in wedlock at the time your grandfather was employed in the armed forces. You get those documents, you are golden.

This was discussed above. The section you quote was added in 2009 [correction: 2015]. There's nothing in the act about it retroactively applying to someone born before April 17, 2009.

 

[Coffee1981]

It IS retroactive as Canada allowed 2nd and unlimited generations abroad UNTIL 2009, and then put this in as the only exception after 2009 - so if the requestor hadn't been covered under one they would have been covered under the other. Trust me on this.

 

[alphazip]

It IS retroactive as Canada allowed 2nd and unlimited generations abroad UNTIL 2009, and then put this in as the only exception after 2009 - so if the requestor hadn't been covered under one they would have been covered under the other. Trust me on this.

The 2009 changes to the Citizenship Act instituted a limit on citizenship by descent to the 1st generation born abroad. This limit was effective on April 17, 2009 and applied only to persons who were not already Canadian citizens by that date.

Then, in 2015, additional changes were made, including one that allowed for an exception to the 1st generation rule for the grandchildren of Crown servants whose own parents were born abroad, if those parents were born during the period of service.

Since the limit on citizenship was only effective as of April 17, 2009, then the exception to that limit can only be effective as of that date also, as confirmed here:

http://www.cic.gc.ca/english/resources/tools/cit/acquisition/acquisition.asp

"When the exception to the first-generation limit to citizenship by descent initially came into force under the 2009 legislative amendments, the exception applied only to the children of serving Crown servants (persons employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province of territory, other than as a locally engaged person). Under the 2015 legislative amendments, this exception was extended to the grandchildren of serving Crown servants and is retroactive to April 17, 2009."

In any case, the OP is likely a citizen without using this exception.

 

[alphazip]

It IS retroactive as Canada allowed 2nd and unlimited generations abroad UNTIL 2009, and then put this in as the only exception after 2009 - so if the requestor hadn't been covered under one they would have been covered under the other. Trust me on this.

Now that the “Am I a Canadian Citizen?” tool is back up (http://www.cic.gc.ca/english/citizenship/rules/), it appears that not only does employment by the parent or grandparent as a Crown servant (at the time that person's child was born) result in a right to citizenship for the child/grandchild, but that this exception DOES apply to births that occurred before 2009. So, Coffee1981 (and I believe links18 mentioned it too) is correct.