Second generation born overseas

[mattci]

Hello all
I've been reading much about the law, and understand there are cases where 2nd gens born overseas can obtain automatic citizenship. From what I read, it appears the right to citizenship depends entirely under which rules ones parent became Canadian, is that right?

The storyline is follows:
Grandmother born in Manitoba 1916, to Canadian citizens under 1910 rules.
The family moved to UK un 1920, but under 1947 rules, this makes her a Canadian automatically, Yes?
My father, born in 1947 outside of Canada. He is automatically a Canadian by virtue of the 1977 rules.
I am born in 1974 in UK, but this was not lodged with the Canadian authorities. However, Section 8 of the 77 rules says that "Children born outside are not subject to the section 8, if born before 15 February 1977"

So, where does that leave me?

Any thoughts much appreciated.

 

[scylla]

Did your father physically register himself as a Canadian citizen before you were born?

 

[mattci]

No, he didn't.
Is that the deal killer?

 

[mattci]

Just bumping this in case somebody knows...

 

[alphazip]

Hello all
I've been reading much about the law, and understand there are cases where 2nd gens born overseas can obtain automatic citizenship. From what I read, it appears the right to citizenship depends entirely under which rules ones parent became Canadian, is that right?

The storyline is follows:
Grandmother born in Manitoba 1916, to Canadian citizens under 1910 rules.
The family moved to UK un 1920, but under 1947 rules, this makes her a Canadian automatically, Yes?
My father, born in 1947 outside of Canada. He is automatically a Canadian by virtue of the 1977 rules.
I am born in 1974 in UK, but this was not lodged with the Canadian authorities. However, Section 8 of the 77 rules says that "Children born outside are not subject to the section 8, if born before 15 February 1977"

So, where does that leave me?

Any thoughts much appreciated.

Yes, your grandmother became a Canadian citizen in 1947. Your father did not, because, from 1947-1977, women could not pass citizenship on to their children who were born abroad in wedlock. (Although women could pass citizenship on to their children from 1977, this was not applied retroactively.) On April 17, 2009, however, your father became a Canadian citizen. You did not gain Canadian citizenship before 2009, because your father was not a Canadian citizen when you were born. You did not gain Canadian citizenship in 2009, because you are the second generation born abroad.

 

[alphazip]

Did your father physically register himself as a Canadian citizen before you were born?

Only children born abroad to Canadian fathers could be registered, unless the birth was out of wedlock, in which case the Canadian mother could register the child. Beginning in 1977, either parent could pass citizenship on to their children born abroad, and the birth no longer had to be registered. Instead, the child had to retain citizenship by age 28. The requirement to retain came to an end in 2009, but a limitation on the number of generations born abroad who could inherit (that number being one) was instituted at the same time

 

[mattci]

Booo.

Thanks though.