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*** Attention 'Lost Canadians' ***

*** Attention 'Lost Canadians' ***

Old Dec 10th 2007, 9:09 pm
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Thumbs up *** Attention 'Lost Canadians' ***

From CBCNews:

The government introduced corrections to Canada's citizenship laws on Monday to plug up what it calls "antiquated" and "unfair" loopholes that stripped hundreds of thousands of taxpaying residents of their citizenship.

The entire article is here:

http://www.cbc.ca/canada/story/2007/...adianbill.html

And here is the Bill C-37 as tabled for the first reading:

http://www2.parl.gc.ca/HousePublicat...3195029&file=4
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Old Dec 11th 2007, 1:06 am
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Default Re: *** Attention 'Lost Canadians' ***

Originally Posted by Andrew Miller
From CBCNews:

The government introduced corrections to Canada's citizenship laws on Monday to plug up what it calls "antiquated" and "unfair" loopholes that stripped hundreds of thousands of taxpaying residents of their citizenship.

The entire article is here:

http://www.cbc.ca/canada/story/2007/...adianbill.html

And here is the Bill C-37 as tabled for the first reading:

http://www2.parl.gc.ca/HousePublicat...3195029&file=4
Like the curate's egg...good in parts.

However,

(c) provide that certain persons born outside Canada to a Canadian parent who was himself or herself born outside Canada do not acquire Canadian citizenship;

What's with that? A lot of us have kids who are now Canadian, but were born outside Canada. This could be a bit dodgy for them down the line.
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Old Dec 11th 2007, 2:23 am
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Default Re: *** Attention 'Lost Canadians' ***

It is only first reading. Wait for Parliament to do their work - Bill will go through Immigration Committee, some changes may be introduced, then discussed, discussed and discussed more, then second reading and more discussions... finally it may pass before end of this session, hopefully sooner. If not then it will be re-introduced same time next year.

But I wouldn't hold breath for anything for the second generation born abroad to Canadian parents born abroad... the Bill is intended to fix what previous laws messed up, not to add any new provisions that were not there, at least this is how I understand it from following what is happening since problem first came to light.
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Old Dec 11th 2007, 4:55 am
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Default Re: *** Attention 'Lost Canadians' ***

Hi

Originally Posted by Andrew Miller
It is only first reading. Wait for Parliament to do their work - Bill will go through Immigration Committee, some changes may be introduced, then discussed, discussed and discussed more, then second reading and more discussions... finally it may pass before end of this session, hopefully sooner. If not then it will be re-introduced same time next year.

But I wouldn't hold breath for anything for the second generation born abroad to Canadian parents born abroad... the Bill is intended to fix what previous laws messed up, not to add any new provisions that were not there, at least this is how I understand it from following what is happening since problem first came to light.

Andrew isn't this the third or fourth time that amendments or a new citizenship act have appeared on the the order paper in the last few years and all have died when an election was called?
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Old Dec 11th 2007, 12:15 pm
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Default Re: *** Attention 'Lost Canadians' ***

Yes, it is the N-th time (I lost track already) amendment to Citizenship Act has been tabled to later die on paper when either election was called or Parliament's session ended. But this is only the second time amendment dealing with 'Lost Canadians' has been tabled, as far as I remember.
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Old Dec 11th 2007, 12:50 pm
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Default Re: *** Attention 'Lost Canadians' ***

Originally Posted by Novocastrian
Like the curate's egg...good in parts.

However,

(c) provide that certain persons born outside Canada to a Canadian parent who was himself or herself born outside Canada do not acquire Canadian citizenship;

What's with that? A lot of us have kids who are now Canadian, but were born outside Canada. This could be a bit dodgy for them down the line.
It only affects Canadians by descent.

Children naturalised as Canadians can pass on Canadian citizenship the same way as those born in Canada.
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Old Dec 12th 2007, 1:16 am
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Default Re: *** Attention 'Lost Canadians' ***

And along those lines, there are only 10 days left for those adopted by a Canadian citizen abroad before Feb 15th 1997 to apply for citizenship.


http://www.cic.gc.ca/english/citizenship/adoptees.asp

If you are covered by this policy and were adopted by a Canadian citizen before February 15, 1977, you may wish to apply for citizenship, before the interim policy expires on December 22, 2007.

After December 22, 2007, foreign-born persons adopted by a Canadian citizen before February 15, 1977 who wish to apply for citizenship must first obtain permanent resident status in Canada and then apply for citizenship.
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Old Dec 30th 2007, 3:35 am
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Default Re: *** Attention 'Lost Canadians' ***

As far as I can tell the Bill does the following:

- Restores Canadian citizenship automatically to all those who lost it by automatic process of law since January 1, 1947

- This includes the following categories:
a. Persons naturalised in other countries between 1947 and Feb 15, 1977
b. Children who lost their citizenship as a result of a parent's naturalisation elsewhere between 1947 and 1977
c. Canadians by descent under the 1947 legislation who lost citizenship through failure to claim to retain it
d. Naturalised Canadians who lost citizenship for 10+ years residence outside Canada between 1947 and 1967
e. Second and subsequent generation Canadians born overseas since 1977 who lost citizenship on 28th birthday (since February 15, 2005).

- As far as I can tell the restoration of citizenship is retrospective, so it may give children a claim to Canadian citizenship by descent.

- Second and subsequent generations born overseas will no longer automatically gain Canadian citizenship. However no person who is a Canadian citizen at Commencement Day of the new legislation will lose that status. In addition, the requirement to apply to retain citizenship by age 28 (for those who already have it) will be repealed.

A second generation child could probably still be brought to Canada on an immigrant visa and naturalised that way.

- Persons granted Canadian citizenship under section 5 of the Act (special provisions) before Commencement Day will be treated as Canadians "by descent" under the new law (not by grant as is the case currently) if the grant of citizenship was based on having had a Canadian parent.

- Groups left out include:
a. Persons born before 1947 with Canadian parents who did not become Canadian citizens on 1.1.47 (incl most cases concerning Canadian mothers), or April 1 1949 for Newfoundlanders; and
b. Canadians who lost their British nationality before 1947 (April 1949 for Newfoundlanders) and as such never became Canadian citizens; and
c. Persons adopted overseas by Canadians before February 15, 1977

We will need to see if any amendments are made during Committee stage. It is not beyond possibility that an amendment could restrict citizenship by birth in Canada (from Commencement Day) to cases where at least one parent is a Canadian citizen or permanent resident.
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Old Dec 30th 2007, 9:34 am
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Default Re: *** Attention 'Lost Canadians' ***

Hope everyone had a great christmas
Ive just been reading the link given on this post.A part of it says ... 'The amendments, if passed, would automatically grant Canadian citizenship to anyone born in the country or born abroad to a Canadian parent.'
My dad was born in the UK to his father who is a Canadian citizen. My dad never had any Canadian citizenship unless it was gained automatically and then lost without anyone knowing (but I'm sure this wasnt the case)
Would my dad be able to apply for Canadian citizenship or is it just for those who have had it and some how lost it?
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Old Dec 30th 2007, 9:59 am
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Default Re: *** Attention 'Lost Canadians' ***

Originally Posted by ill_only_miss_eastenders
Hope everyone had a great christmas
Ive just been reading the link given on this post.A part of it says ... 'The amendments, if passed, would automatically grant Canadian citizenship to anyone born in the country or born abroad to a Canadian parent.'
My dad was born in the UK to his father who is a Canadian citizen. My dad never had any Canadian citizenship unless it was gained automatically and then lost without anyone knowing (but I'm sure this wasnt the case)
Would my dad be able to apply for Canadian citizenship or is it just for those who have had it and some how lost it?
When was your father born?

How did his father (your grandfather) become Canadian? (birth in Canada?)

Were your grandparents married?

Did your grandfather ever become a British citizen, if so how/when?
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Old Dec 30th 2007, 10:36 am
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Default Re: *** Attention 'Lost Canadians' ***

Originally Posted by JAJ
When was your father born?

How did his father (your grandfather) become Canadian? (birth in Canada?)

Were your grandparents married?

Did your grandfather ever become a British citizen, if so how/when?
My dad is 54 so he was born in 1953. My grandad was born in Canada to British parents who went there for a holiday and ended up staying 10+ years (if only it were that easy now hehe) Yes my grandparents were married but my Grandmother passed away last year. I think my grandad got his British citizenship because of his parents being British. My grandad lives in England now not Canada so i dont know if that even makes a difference to the whole thing

Thanks for replying
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Old Dec 30th 2007, 12:05 pm
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Default Re: *** Attention 'Lost Canadians' ***

Originally Posted by ill_only_miss_eastenders
My dad is 54 so he was born in 1953. My grandad was born in Canada to British parents who went there for a holiday and ended up staying 10+ years (if only it were that easy now hehe) Yes my grandparents were married but my Grandmother passed away last year. I think my grandad got his British citizenship because of his parents being British. My grandad lives in England now not Canada so i dont know if that even makes a difference to the whole thing
Assuming your father was never registered as a Canadian citizen by descent, then he was never a Canadian citizen. Prior to 1977, Canadian citizenship by descent had to be activated by registration. There was a facility to make a late application for registration (after the law changed in 1977) but this was closed to new applicants in August 2004.

However, the new law looks like it will give your father Canadian citizenship (retrospective to when he was born).

That won't help you because your father will be deemed Canadian by descent and hence his citizenship will not pass on to you.

He should not make any plans at this stage - we need to see if the law passes and secondly, if it works out the way we think it will right now. But for your father, it's looking good if he has any plan to move to Canada (or even if he would just like to have a Canadian passport).

Your grandfather, as you say, is Canadian by birth and British by descent from his own parents.
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Old Dec 30th 2007, 9:20 pm
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Default Re: *** Attention 'Lost Canadians' ***

Originally Posted by JAJ
Assuming your father was never registered as a Canadian citizen by descent, then he was never a Canadian citizen. Prior to 1977, Canadian citizenship by descent had to be activated by registration. There was a facility to make a late application for registration (after the law changed in 1977) but this was closed to new applicants in August 2004.

However, the new law looks like it will give your father Canadian citizenship (retrospective to when he was born).

That won't help you because your father will be deemed Canadian by descent and hence his citizenship will not pass on to you.

He should not make any plans at this stage - we need to see if the law passes and secondly, if it works out the way we think it will right now. But for your father, it's looking good if he has any plan to move to Canada (or even if he would just like to have a Canadian passport).

Your grandfather, as you say, is Canadian by birth and British by descent from his own parents.
Hi Andrew, and Jaj, My self and my wife applied for Canadian Citizehnship in 1978. Our application for citizenship was approved and finalized , and all we had to do was attend for Oath in march 1979,which we did not attend.as we had to come back to U.K. to nurse very ill family member. Can this new citizenship act restore our citizenship?, and how can we track our past case file.
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Old Dec 30th 2007, 11:56 pm
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Default Re: *** Attention 'Lost Canadians' ***

Sorry, but you never became Canadian citizen as you didn't take the Oath of Citizenship, thus there is nothing to restore.
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