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

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

That was a thread in the Maple Leaf area of the forum.

This is not in that area, and req an answer based on facts. OH is on hold now with CIC.

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

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>

Seems to me that its similar to British citizenship... my kids, born in Canada, qualify as british because I was born in Britain. Their kids (my grandchildren when and if) will not qualify as british as their parents (my kids) were born outside the UK.

If I follow correctly your wifes mum is Canadian as she was born in Canada. Your wife is therefore Canadian because her mum was born in Canada as a Canadian. Your kids however 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.

However the old rules complicate things.... You used to have to register an overseas birth to get the citizenshiup benefits and that may not have been done.

Its unlikely that her mother had to renounce her Cdn citizenship on becoming British, its not a requirement.

Seems to me the person on the CIC hotline got confused, your wife is 2nd Generation by the sound of things. Maybe they were running interference from Ultrarunner to?


I respectfully suggest he picks and chooses his moments to comment better in future.

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.

So to add to your add! You think OH is second gen and may well be ok? I feel a second phone call from a stuck up Brit male is req later today.

I suspect you get a different answer everytime you call CIC, depending on who you talk to on that occasion...

The only possible glitch is the registration business... I would defer to siouxie on the legal nitty gritty.

Yes, my kids are dual citizens.

7.5. Limit to citizenship by descent – A3(3)
Bill C-37 limits citizenship by descent to the first generation born outside Canada to a Canadian parent. As of April 17, 2009, in order for a person to acquire citizenship by descent, that person must be in the first generation born outside Canada to a Canadian parent. First generation born outside Canada to a Canadian parent means that at least one parent must be a Canadian who was either:

• born in Canada; or

• became a Canadian citizen by immigrating to Canada and being granted Canadian citizenship (naturalization), and is currently described in paragraphs 3(1)(c) or 3(1)(d).

This means that the limit to citizenship by descent applies to persons born outside Canada to Canadian parents who are citizens by descent, which includes people who are citizens under CP 9 î º Acquisition and Loss of Canadian Citizenship 2009-04-17

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.

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”?

The term “First Generation” Canadian can be used to mean either the person who immigrated to Canada or their children who were born in Canada.

The definition used here is the one used in a survey

" Becoming Canadian ", commissioned by the Dominion Institute and conducted by Ipsos Reid. They define a First Generation Canadian Immigrant as follows: "First generation Canadian immigrant” refers to those who are self identified as “first” or “second generation” and had immigrated to Canada; “second generation Canadian” refers to those self-identified as “first” or “second generation” and had been born in Canada. (my emphasis)

So, all of the individuals, parents and their children, who were born in the UK and immigrated to Montreal are here considered to be First Generation Canadians. Any offspring who were born in Canada would therefore be second generation Canadians.

JAJ will sort all this out for you if he comes across this thread. I'm not sure if "citizenship by descent" is a phrase used by CIC or by the UK. But the meaning (at least since 2009) is the same in both instances. If one of your wife's parents was born in Canada, she is Canadian, but she can't pass this on to her offspring if they were born abroad.

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, 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), and as long as her own father never lost Canadian citizenship before she was 21, 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, 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.

I told you JAJ would sort it out. Jolly good about the kids too, I was wrong on that.

I'm happy for your family Numpty.

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.

cert FFS. It's a certificate.

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