Originally Posted by FlyingDutchman6666 (Post 10307676)

Try the citizenship questionnaire:
http://www.cic.gc.ca/english/citizen...ules/index.asp

Originally Posted by siouxie (Post 10307749)

Make a request for a search of the Citizenship records for your wife's Mum.

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

I believe your wife would already be a Citizen through 1st generation born abroad, but perhaps a call to CIC might clear it up.

Originally Posted by siouxie (Post 10308369)

http://www.cic.gc.ca/english/resourc...p/cp09-eng.pdf

Have a read through this :)

Originally Posted by magnumpi (Post 10308316)

We now have a copy of my OH birth cirt and she was born in 1935

Originally Posted by Greenhill (Post 10308393)

So you prefer a more "mature" life partner, do you? Each to their own, I suppose :ohmy:

Originally Posted by Greenhill (Post 10308393)

So you prefer a more "mature" life partner, do you? Each to their own, I suppose :ohmy:

Originally Posted by ultrarunner (Post 10308501)

I'll go with the "or not" ;)

Originally Posted by magnumpi (Post 10308509)

And you Base that on? We need all the input we can find?

Originally Posted by ultrarunner (Post 10308540)

I wondered about the same thing in this thread, your responses and all that ;)

http://britishexpats.com/forum/showt...=772616&page=2

Originally Posted by magnumpi (Post 10308589)

Ok the lady at CIC said no. Only second generation are granted citizenship. :confused:

Now I am even more confused! That would mean our sons. And not my OH, the wife's mothers daughter.

Unless there is confusion over what generation oH actually is?

OH mum was born 1935 in York, ON to British parents who were married in TO in the 30's. My wife is the third daughter. What generation family member is my OH?

<grabs headache tabs>

Originally Posted by iaink (Post 10308621)

Its the same as British citizenship... my kids, born in Canada, qualify as british. Their kids (when and if) do not qualify as british.

Your wife mum is Canadian as born in Canada. Your wife is Canadian because her mum is Canadian. Your kids are not canadian because they were born outside Canada to a 2nd gen Canadian.

If any of your kids were born in Canada, then of course they are Canadian in their own right anyway.

Originally Posted by magnumpi (Post 10308631)

That's what we worked out. But computer says no? (actually computer say yes, stuck up lady at CIC say no) She say that my wife is no eligable being the daughter a a parent born in Canada. But, she also said she did not know of any new ruling regarding this

Originally Posted by siouxie (Post 10308369)

http://www.cic.gc.ca/english/resourc...p/cp09-eng.pdf

Have a read through this :)

Originally Posted by Novocastrian (Post 10308902)

My understanding is as follows:

* your wife is Canadian because she had a mother who was born in Canada

* you are not, although you could have applied for spousal sponsorship instead of whatever method you in fact did use to get here had you known the above

* your kids are not either (unless they were born here, which it doesn't sound like they were).

Anyway good luck with it all.

Originally Posted by magnumpi (Post 10308915)

Thanks

We came as a Skilled Worker with a job, this was before the new ruling in 2009 that gave my wife's mum back her citizenship. At that time we did get points for the OH cousins and used her mums birth cirt to prove.

I am now not bothered about me i will take the test. But my OH would like what she believes she is now entitled to.

My issue is what generation is my wife in all this. So many conflicting versions its untrue.

What is a “First Generation Canadian”?

Originally Posted by magnumpi (Post 10307650)

We are downloading the forms ect ready to apply for citizenship and i noticed a page saying "I maybe a citizen but don't know it"

This would be the OH.

Her mother was born in York, Ontario (on birth cirt) and moved to the UK during the 2nd world war era, 1940's. She then married a Yorkshire lad, and had kids ect, including OH, in the UK. We think she had a UK passport so most likely got UK citizenship via her parents. Unfortunately she has since passed away.

Does the fact that she was born in Canada, make OH a citizen already?

Originally Posted by JAJ (Post 10309109)

Almost certainly.

This means that any children you have born before 17 April 2009 (when the new law took effect) should also be Canadian citizens by descent.

What you were told when you called CIC is wrong.

Originally Posted by JAJ (Post 10309109)

Almost certainly.

She was a British subject born in Canada and became a Canadian citizen on 1.1.1947. Then on 1.1.1949, if she had a UK-born father she did, then she automatically became a U.K. & Colonies citizen. Even though Canada restricted dual citizenship in those days, it was still possible in some circumstances.

As long as she never acquired another citizenship as an adult (after 21st birthday), She became a British passport holder and as long as her own father never lost Canadian citizenship before she was 21, Unsure of this they did eventually move back to Surrey, UK she would have kept her Canadian citizenship.

Before 1977, Canadian mothers usually could not pass on their citizenship. This was only changed (retroactively) in 2009.

What is means is that your spouse is a Canadian citizen (by descent) under the 2009 law. In fact, she has to claim citizenship that way. A Canadian citizen by descent cannot be naturalised.

And if by some chance your spouse was born on or after 15.02.1977, Born 1962 then as long as her mother had not lost Canadian citizenship before 1977, she acquired Canadian citizenship by descent when she was born. This means that any children you have born before 17 April 2009 (when the new law took effect) should also be Canadian citizens by descent.

What you were told when you called CIC is wrong.

Originally Posted by magnumpi (Post 10309124)

Think i need to call them again.

What docs do we require to apply for her citizenship? We have my OH mother birth cirt and my OH birth cirt, also OH mother death cirt.

Originally Posted by Novocastrian (Post 10309137)

cert FFS. It's a certificate.

Originally Posted by magnumpi (Post 10309139)

;) Lazy now, long day, would that get me low marks on a test

Originally Posted by magnumpi (Post 10309124)

Think i need to call them again.

Originally Posted by JAJ (Post 10309163)

I'm not sure if there's much point calling them. At best, you're not going to find out any more than what the website is telling you.

Forget citizenship by descent for your children, since she was born in 1962 she probably wasn't a Canadian until the new law came into force in 2009 (unless she had made an application at some point).

The children should be added to your citizenship application. And it's not really a bad thing as this way, they will get Canadian citizenship otherwise than by descent.



Your OH needs to apply for a citizenship certificate.
http://www.cic.gc.ca/english/citizen...ligibility.asp

Since she only needs to prove she became a citizen under the 2009 law, the information isn't as extensive as what would be needed to make a pre-2009 citizenship claim.

As long as both birth certificates contain parent details, HER MUMS DOES, MY WIFE DOES NOT the information you mention should be enough (CIC need these details on the Canada born mother's birth cert to ensure she was not born to a parent who was a diplomat). Your wife's mother's birth certificate should also contain parent's details. YES IT DOES However the application kit asks for additional identification information. As far as I can tell CIC accept certified copies, which is important, in case the file is lost.

The main risk in all of this is that if the application is refused, she's at the back of the line to apply for citizenship the normal way. But if the self-assessment tool says she is Canadian, I would accept it at face value.

It's unfortunate she didn't make this application back in 2009 - your children could have been naturalised Canadian straight afterward.

Originally Posted by JAJ (Post 10309163)

Forget citizenship by descent for your children, since she was born in 1962 she probably wasn't a Canadian until the new law came into force in 2009 (unless she had made an application at some point).

Originally Posted by MarylandNed (Post 10310052)

I think the citizenship status of the OP's wife and children needs to be confirmed first. I think the OP's wife is a Canadian citizen. I think their children might also be Canadian citizens by descent if they were born prior to April 17th 2009.

Originally Posted by JAJ (Post 10318893)

I think it's been established that the children are NOT Canadian citizens. The reason is that their (Canadian) parent was born in 1962, when Canadian citizenship by descent a. had to be registered first, and b. could normally only come from the mother.

Unless their mother did something to acquire Canadian citizenship before 2009, she only became Canadian on April 17, 2009 and since she became Canadian by descent, it doesn't give the children Canadian citizenship.

Originally Posted by MarylandNed (Post 10320097)

Look at the instructions for this citizenship survey:

http://www.cic.gc.ca/english/citizen...es/tool_15.asp

"If you were born outside Canada to a parent who became a citizen under the new rules which came into effect on April 17, 2009, indicate that you were born to a Canadian parent."

Originally Posted by JAJ (Post 10328236)

It's fairly well established that if the parent became a Canadian citizen by descent on 17.04.2009, and was not a Canadian citizen under the 1977 law then the children (born before that date) are generally not Canadians.

However, such children (under 18) can be granted Canadian citizenship immediately upon becoming permanent residents of Canada. They don't have to wait 3 years.