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Citizen or Not?

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Old Oct 1st 2012 | 1:55 pm
  #31  
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Default Re: Citizen or Not?

Originally Posted by magnumpi
Lazy now, long day, would that get me low marks on a test
On some, but not the citizenship one.
 
Old Oct 1st 2012 | 2:13 pm
  #32  
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Default Re: Citizen or Not?

Originally Posted by magnumpi
Think i need to call them again.
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.

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.
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, 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. 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.
 
Old Oct 1st 2012 | 2:34 pm
  #33  
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Default Re: Citizen or Not?

Originally Posted by JAJ
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.
Thank you JAJ

I can only locate this form, would this suffice for her application?

http://www.cic.gc.ca/english/pdf/kit...n/CIT0001E.pdf

Last edited by magnumpi; Oct 1st 2012 at 2:41 pm.
 
Old Oct 2nd 2012 | 4:07 am
  #34  
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Default Re: Citizen or Not?

Originally Posted by JAJ
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).
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.
 
Old Oct 7th 2012 | 1:06 pm
  #35  
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Default Re: Citizen or Not?

Originally Posted by MarylandNed
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.
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.
 
Old Oct 8th 2012 | 5:03 am
  #36  
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Default Re: Citizen or Not?

Originally Posted by JAJ
Originally Posted by MarylandNed
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.
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.
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."
 
Old Oct 12th 2012 | 2:07 pm
  #37  
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Default Re: Citizen or Not?

Originally Posted by MarylandNed
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."
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.
 
Old Oct 16th 2012 | 12:52 am
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Default Re: Citizen or Not?

Originally Posted by JAJ
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.
Right and I agree with you although I think it's worth checking to make sure. I completed the survey as best I could for the OP's children and it came up inconclusive although it did say that they "may not" be Canadian citizens. Hardly a definite "no" though.
 
Old Nov 12th 2012 | 10:10 pm
  #39  
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Default Re: Citizen or Not?

Re the OP: You only need to establish that your OH's mum was still a Candian Citizen at the time of your OH's birth. Just getting British Citizenship does NOT mean that she relinquished Canadian citizenship. That would only apply in countries who insist you relinquish any previous citizenships. Canada and the UK allow Dual citizenship.

In any case, just apply. It only costs $75 (but it does take months and months and months to get an answer). And you can send all original documents to the CHC in London who will copy them for you and return them, so you don't even have to pay costly notarization fees.
 
Old Nov 13th 2012 | 7:31 pm
  #40  
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Default Re: Citizen or Not?

Hi I have not read all the replies in depth, but I applied for citizenship through descent, as my mother was also born in Canada in 1952 and only lived there for one year before returning to the UK. I had to provide my mother's birth certificate and her documentation showing when she was made a british citizen. There was a question of this, as they asked if my mother was naturalised as a british citizen as if she was she may have lost her canadian citizenship (this was in the 70s). However my mother was only 17 when she became a citizen here and therefore was not naturalised rather registered as a british citizen, therefore she retained her canadian citizenship. My grandmother is british by birth. I applied in February last year, and used the application form that you provided the link for above, paid my fee online, and I had my certificate of citizenship by the May. Hope this helps.
 
Old Nov 13th 2012 | 11:16 pm
  #41  
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Default Re: Citizen or Not?

Originally Posted by samb29
Hi I have not read all the replies in depth, but I applied for citizenship through descent, as my mother was also born in Canada in 1952 and only lived there for one year before returning to the UK. I had to provide my mother's birth certificate and her documentation showing when she was made a british citizen. There was a question of this, as they asked if my mother was naturalised as a british citizen as if she was she may have lost her canadian citizenship (this was in the 70s). However my mother was only 17 when she became a citizen here and therefore was not naturalised rather registered as a british citizen, therefore she retained her canadian citizenship. My grandmother is british by birth. I applied in February last year, and used the application form that you provided the link for above, paid my fee online, and I had my certificate of citizenship by the May. Hope this helps.
Thanks, we are just waiting on a full birth cirticicate from UK and then we will go this route for OH.
 

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