Strange citizenship by decent scenario

[robbald]

I have applied for Proof of Citizenship to determine if I am indeed a citizen by descent, but given the wait times involved I would love to get some opinions on my situation. It is a long, winding road, and I so I am not sure what laws apply where since some seem to be retroactive and some don't. So here is the timeline of relevant events:
- 1903 and 1908 - My paternal grandparents are born in Canada to Canadian parents.
- 1905 - The travel to the Belgian Congo (Africa) for missionary work
- 1940 - my father is born in Africa, and registered as a Canadian citizen at the British consulate.
- 1942 - My father and grandparents return to Canada, but only stay for 3 months, before going to the USA.
- 1947 - Canada drops dominion status and they all become Canadian Citizens in that context
- 1948 - My Grandpa, and by extension my dad (age 8) become American citizens, thus losing their Canadian citizenship automatically
- 1971 - I am born and adopted by my (formerly) Canadian father and American mother
- 1977 - Dual citizenship is now allowed
- 2006 - All formerly Canadian citizens who lost it between 1947 and 2006 due to dual citizenship issues have it restored (so my dad becomes a citizen again, if it didn't happen automatically in 1977).

So my question is, am I Canadian? The key factors to me are 1) my dad was born outside Canada, so there is the first generation descent rule that applies now, BUT I was born and adopted before that became the rule. however 2) I was born before his citizenship was reinstated. So even though he got his back and it was retroactive, does that mean that as far as the law is concerned he was Canadian when I was born? In which case I would be Canadian UNLESS the 1st generation rule is also retroactive.

And on top of that, I really don't know if the adoption thing impacts any of this. I know that adoption is kind of an issue now, but did it make a difference in 1971.

Ok, so that's about it. Anyone have any thoughts?

 

[PMM]

Hi

I have applied for Proof of Citizenship to determine if I am indeed a citizen by descent, but given the wait times involved I would love to get some opinions on my situation. It is a long, winding road, and I so I am not sure what laws apply where since some seem to be retroactive and some don't. So here is the timeline of relevant events:
- 1903 and 1908 - My paternal grandparents are born in Canada to Canadian parents.
- 1905 - The travel to the Belgian Congo (Africa) for missionary work
- 1940 - my father is born in Africa, and registered as a Canadian citizen at the British consulate.
- 1942 - My father and grandparents return to Canada, but only stay for 3 months, before going to the USA.
- 1947 - Canada drops dominion status and they all become Canadian Citizens in that context
- 1948 - My Grandpa, and by extension my dad (age 8) become American citizens, thus losing their Canadian citizenship automatically
- 1971 - I am born and adopted by my (formerly) Canadian father and American mother
- 1977 - Dual citizenship is now allowed
- 2006 - All formerly Canadian citizens who lost it between 1947 and 2006 due to dual citizenship issues have it restored (so my dad becomes a citizen again, if it didn't happen automatically in 1977).

So my question is, am I Canadian? The key factors to me are 1) my dad was born outside Canada, so there is the first generation descent rule that applies now, BUT I was born and adopted before that became the rule. however 2) I was born before his citizenship was reinstated. So even though he got his back and it was retroactive, does that mean that as far as the law is concerned he was Canadian when I was born? In which case I would be Canadian UNLESS the 1st generation rule is also retroactive.

And on top of that, I really don't know if the adoption thing impacts any of this. I know that adoption is kind of an issue now, but did it make a difference in 1971.

Ok, so that's about it. Anyone have any thoughts?

1. Yes the adoption is the big issue. Adoption severs all bonds with your birth parents.

 

[robbald]

Hi


1. Yes the adoption is the big issue. Adoption severs all bonds with your birth parents.

I should clarify, my adoptive father is Canadian, the one mentioned in the timeline. I do not know my birth parents since I was adopted at 5 days old.

As an added wrinkle perhaps, my father still lives in the US, but I live in Canada working towards my permanent residency. I know that his not returning to Canada eliminates any chance of him sponsoring me for citizenship. Since I am working and will be here at least 4 years (my wife is a student) I will be able to get citizenship that way. It would just be personally meaningful to get it due to family since thye have lived in the north since before the American Revolution. I still have lots of extended family here, but none meet the "lonely Canadian" requirement.

 

[scylla]

Your father cannot "sponsor" you for citizenship. You either qualify for citizenship by descent or you don't.

Your father also cannot sponsor you for permanent residency (even if he was living in Canada) since there are other family members already here and he wouldn't meet the lonely Canadian requirement needed to qualify.

 

[robbald]

Your father cannot "sponsor" you for citizenship. You either qualify for citizenship by descent or you don't.

Your father also cannot sponsor you for permanent residency (even if he was living in Canada) since there are other family members already here and he wouldn't meet the lonely Canadian requirement needed to qualify.

Right, as I said, I know that my Canadian family cannot do anything to give me more options/paths to citizenship.

The question I am trying to answer is does anyone have a sense of if my situation would qualify for descent given the sequence of events. I think that the problem in my understanding of descent is that some updates to citizenship laws are applied retroactively, and some appear to not be. Obviously I will find out in @ 6 months, but it would be nice to have a better sense if I should feel optimistic or pessimistic.

 

[alphazip]

Right, as I said, I know that my Canadian family cannot do anything to give me more options/paths to citizenship.

The question I am trying to answer is does anyone have a sense of if my situation would qualify for descent given the sequence of events. I think that the problem in my understanding of descent is that some updates to citizenship laws are applied retroactively, and some appear to not be. Obviously I will find out in @ 6 months, but it would be nice to have a better sense if I should feel optimistic or pessimistic.

Your grandfather and your father would have lost Canadian citizenship in 1948. Therefore, your father was not a Canadian citizen when you were born/adopted in 1971. The 1977 Citizenship Act, which allowed dual citizenship for the first time, was not applied retroactively.* Therefore, your father did not regain Canadian citizenship until April 17, 2009, at which time citizenship by descent was limited to the first generation born abroad. Because of this (and possibly the adoption issue, which I have not looked into), you are not a Canadian citizen by descent.

*If all the cases of citizenship lost between 1947 and 1977 had been undone by the 1977 act, there would have been little need for the changes that took effect in 2009