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What generation am I considered?

hawk39

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Mar 26, 2017
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Hello. I submitted this question through the IRCC website (as it is the only way to contact them as a non-Canadian) but I only got a generic preformed response that said to fill out CIT-001 and see what happens. Unfortunately, that didn't really answer my question and after searching the internet if other people had asked this question, I came upon this forum and am hoping someone would be able to help me out.

My grandfather emigrated to Canada from China in the 1950s as a "paper son", or one who assumed the identity of a citizen or sponsored family member of a citizen to gain entry of that citizen's country. Through an amnesty program in the 1960s, he was granted Canadian citizenship and was able to bring over my grandmother and mother (who was 13 at the time) from China, and shortly thereafter, they were also granted Canadian citizenship. My mother then lived in Canada for 13 years until she came to the United States to marry my father. I myself was born in 1981 in the United States.

Seeing as that the United States recognized multiple citizenships, I believe my mother would still be considered a Canadian citizen (as see has not renounced it in front of a Canadian official). At first, I believed that my mother, having been born in China, would be considered the first generation, thus making me ineligible to apply for citizenship by descent. However on the website for the Canadian embassy in Germany, I read that if someone was born or naturalized in Canada and had children outside of Canada, then that person's children would be considered the first generation born outside of Canada, and eligible for citizenship by descent.

So my question is... what generation would I be considered? Thank you in advance for any help or clarity you can give me regarding this question.
 

rrajendra

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Mar 10, 2017
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hawk39 said:
Hello. I submitted this question through the IRCC website (as it is the only way to contact them as a non-Canadian) but I only got a generic preformed response that said to fill out CIT-001 and see what happens. Unfortunately, that didn't really answer my question and after searching the internet if other people had asked this question, I came upon this forum and am hoping someone would be able to help me out.

My grandfather emigrated to Canada from China in the 1950s as a "paper son", or one who assumed the identity of a citizen or sponsored family member of a citizen to gain entry of that citizen's country. Through an amnesty program in the 1960s, he was granted Canadian citizenship and was able to bring over my grandmother and mother (who was 13 at the time) from China, and shortly thereafter, they were also granted Canadian citizenship. My mother then lived in Canada for 13 years until she came to the United States to marry my father. I myself was born in 1981 in the United States.

Seeing as that the United States recognized multiple citizenships, I believe my mother would still be considered a Canadian citizen (as see has not renounced it in front of a Canadian official). At first, I believed that my mother, having been born in China, would be considered the first generation, thus making me ineligible to apply for citizenship by descent. However on the website for the Canadian embassy in Germany, I read that if someone was born or naturalized in Canada and had children outside of Canada, then that person's children would be considered the first generation born outside of Canada, and eligible for citizenship by descent.

So my question is... what generation would I be considered? Thank you in advance for any help or clarity you can give me regarding this question.
Hi,

Per following the following statement "someone was born or naturalized in Canada and had children outside of Canada" you will be considered first generation because your mother is a naturalized citizen...
 

links18

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Feb 1, 2006
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A child of a naturalized Canadian born outside of Canada is Canadian at birth. You are probably Canadian already.
 

danny_princy

Star Member
Jan 19, 2017
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Canadian citizen child Born out of Canada is illegible for Canadian citizenship but Parent have to apply for it its not automatically a Canadian citizen.
 

danny_princy

Star Member
Jan 19, 2017
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I think author of the Thread is 100 illegible to Apply for canadian citizenship if his mother hold Canadian citizenship.
 

steaky

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danny_princy said:
I think author of the Thread is 100 illegible to Apply for canadian citizenship if his mother hold Canadian citizenship.
You are wrong and links18 is correct.
 

alphazip

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links18 said:
A child of a naturalized Canadian born outside of Canada is Canadian at birth. You are probably Canadian already.
That is correct. You are considered 1st generation born abroad.
 

alphazip

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danny_princy said:
Canadian citizen child Born out of Canada is illegible for Canadian citizenship but Parent have to apply for it its not automatically a Canadian citizen.
I think you mean "eligible." However, the OP's parent doesn't have to do anything, since the OP is not a child. The OP is automatically a Canadian citizen and just needs to apply for proof of citizenship:

http://www.cic.gc.ca/english/citizenship/proof-how.asp
 

hawk39

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Mar 26, 2017
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Thank you for the encouraging responses. I was worried that I might not be considered first generation because the language in the IRCC website and application under the changes to the Citizenship Act for 2009 does not mention that the generational consideration begins with the last person to be born or naturalized in Canada ("Canadian citizenship by birth outside Canada to a Canadian citizen parent (citizenship by descent) is now limited to the first generation born outside Canada."), and I thought that would have meant my mother would have already been considered first generation born abroad since she was born in China. I hope my interpretation is wrong. Thanks again.
 

dpenabill

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Apr 2, 2010
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The child of a parent who was a naturalized Canadian citizen, as of the date the child was born, is a Canadian citizen by descent even if the child was born outside Canada.

So, if your mother did indeed become a Canadian citizen through the naturalization process, her children are Canadian citizens even if born outside Canada. Including you.

But not all persons born outside Canada who became a Canadian citizen did so by naturalization. I am not familiar with what procedures there were, apart from naturalization, pursuant to which an individual in your mother's circumstances might have become a Canadian citizen in the 60s. Probably was naturalization but that needs to be confirmed. (Hence the conditional conclusion in the otherwise accurate response by links18, that is that you are "probably" a Canadian citizen by descent, though this is not for certain since it may depend on your mother being a naturalized citizen.)

If you know for sure she was a naturalized Canadian citizen, there is no need to speculate. If your mother was a naturalized Canadian citizen, you too are a Canadian citizen. And this can be confirmed by making an application for proof of citizenship. It is not complicated, not especially expensive, and while it may take some time to process, you should eventually be given proof of your Canadian citizenship.

Even if she was not a naturalized citizen, it is possible you may be a Canadian citizen pursuant to the applicable law in 1981 then governing citizenship by descent (there was no first-generation-abroad limitation of citizenship by descent in 1981, but I am not familiar with what other limitations might apply to a child born then). Here again, to find out for sure all you need to do is make the application for proof of citizenship.
 

hawk39

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Mar 26, 2017
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dpenabill said:
The child of a parent who was a naturalized Canadian citizen, as of the date the child was born, is a Canadian citizen by descent even if the child was born outside Canada.

So, if your mother did indeed become a Canadian citizen through the naturalization process, her children are Canadian citizens even if born outside Canada. Including you.

But not all persons born outside Canada who became a Canadian citizen did so by naturalization. I am not familiar with what procedures there were, apart from naturalization, pursuant to which an individual in your mother's circumstances might have become a Canadian citizen in the 60s. Probably was naturalization but that needs to be confirmed. (Hence the conditional conclusion in the otherwise accurate response by links18, that is that you are "probably" a Canadian citizen by descent, though this is not for certain since it may depend on your mother being a naturalized citizen.)

If you know for sure she was a naturalized Canadian citizen, there is no need to speculate. If your mother was a naturalized Canadian citizen, you too are a Canadian citizen. And this can be confirmed by making an application for proof of citizenship. It is not complicated, not especially expensive, and while it may take some time to process, you should eventually be given proof of your Canadian citizenship.

Even if she was not a naturalized citizen, it is possible you may be a Canadian citizen pursuant to the applicable law in 1981 then governing citizenship by descent (there was no first-generation-abroad limitation of citizenship by descent in 1981, but I am not familiar with what other limitations might apply to a child born then). Here again, to find out for sure all you need to do is make the application for proof of citizenship.
Thank you for the very informative and thorough explanation. I did a little research and I believe my grandfather was one of the 12,000 "paper children" that participated in the Chinese Adjustment Statement Program, initiated by then Immigration Minister Fairclough from 1960 to 1973. I could not find the exact document, but from what I could read from a book I found on google.ca titled "Canada and Immigration: Public Policy and Public Concern", it granted permanent residency to "paper sons and daughters" who came forward to declare their true identity and were of good character. After his PR period was fulfill, he gained his Canadian citizenship and was then able to sponsor my grandmother and mother for permanent residency. Since my mother was under 18, he was then able to apply for immediate citizenship for her since there was no timeframe for children to fulfill their permanent residency when being declared by a parent.

Thank you again to everyone for their optimistic responses. The current processing time for a citizenship certificate is 5 months, so hopefully I will have mine by then.
 

alphazip

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May 23, 2013
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hawk39 said:
Since my mother was under 18, he was then able to apply for immediate citizenship for her since there was no timeframe for children to fulfill their permanent residency when being declared by a parent.
That's all fine in theory, but is there any evidence that your mother was naturalized? Does she have her citizenship certificate?
 

hawk39

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Mar 26, 2017
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alphazip said:
That's all fine in theory, but is there any evidence that your mother was naturalized? Does she have her citizenship certificate?
Yes, she still has her naturalization document. That was the first thing I confirmed when I found out that Canada offered citizenship by descent.
 

foodie69

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Dec 18, 2015
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danny_princy said:
I think author of the Thread is 100 illegible to Apply for canadian citizenship if his mother hold Canadian citizenship.
Stop thinking..you are wrong
 

alphazip

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foodie69 said:
Stop thinking..you are wrong
I think he meant "100% eligible," in which case he's not wrong, except that she doesn't have to apply for citizenship, just proof of citizenship.