Advice on citizenship by descent!

Old Aug 6th 2020, 5:37 pm
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Question Advice on citizenship by descent!

Hi, I'm wondering if anybody has any experience or knowledge on the citizenship through decent, specifically for two generations. My grandmother is a naturalised Canadian citizen (who lives in the UK now so sponsorship isn't an option) born in '56 and still holds her passport, this is the same for my partner however his nan is a little older. Does anybody have an idea whether we would be able to apply for citizenship through our grandparents?

The changes made in 2009 clearly state that this is not applicable to those born after '09, but it seems to be a grey area for second generations. I have read read an article on nomad capitalist that seems confident it is still possible, however I haven't had any luck in finding anything else on the internet.

Any advice, tips or experience would be amazing before I even consider looking at immigration lawyers.
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Old Aug 6th 2020, 5:53 pm
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Default Re: Advice on citizenship by descent!

Originally Posted by nic_hal View Post
Hi, I'm wondering if anybody has any experience or knowledge on the citizenship through decent, specifically for two generations. My grandmother is a naturalised Canadian citizen (who lives in the UK now so sponsorship isn't an option) born in '56 and still holds her passport, this is the same for my partner however his nan is a little older. Does anybody have an idea whether we would be able to apply for citizenship through our grandparents?

The changes made in 2009 clearly state that this is not applicable to those born after '09, but it seems to be a grey area for second generations. I have read read an article on nomad capitalist that seems confident it is still possible, however I haven't had any luck in finding anything else on the internet.

Any advice, tips or experience would be amazing before I even consider looking at immigration lawyers.
Hello and welcome to BE!

Have you tried using the 'Am I Canadian" official tool? https://na1se.voxco.com/SE/56/amicanadiansuisjecanadien/?lang=en&tui=auto Worth trying before going further..
Did your parent (or your partner's) apply for their Canadian Citizenship at any point - were either of them born in Canada or have a father that was Canadian? What year were they born - and what year were YOU born? (if you were born after 09 then you write very well for a youngster )

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Old Aug 6th 2020, 9:11 pm
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Default Re: Advice on citizenship by descent!

Thank you for such a welcoming and helpful response

The test doesn't mention grandparents unless they are a Crown Servant, so that doesn't cive much hope! Unfortunately neither of our parents have applied for their citizenships as they have annoyingly said that they will look into it if we move (incredibly unhelpful lol). Both my partner and I were born in the 90s
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Old Aug 6th 2020, 9:25 pm
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Default Re: Advice on citizenship by descent!

As you were both born before 16 April 2009 then you are both Canadian citizens by descent. This is automatic; neither you nor your parents need to ‘apply’ for citizenship.
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Old Aug 7th 2020, 3:45 am
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Default Re: Advice on citizenship by descent!

Hi

Originally Posted by BritInParis View Post
As you were both born before 16 April 2009 then you are both Canadian citizens by descent. This is automatic; neither you nor your parents need to ‘apply’ for citizenship.
1. Not necessarily, they are 2nd Generation born abroad and unless their parents applied for proof of citizenship, they are probably out of luck. As Souxie said use the tool.
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Old Aug 7th 2020, 5:08 am
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Default Re: Advice on citizenship by descent!

Originally Posted by nic_hal View Post
Thank you for such a welcoming and helpful response

The test doesn't mention grandparents unless they are a Crown Servant, so that doesn't cive much hope! Unfortunately neither of our parents have applied for their citizenships as they have annoyingly said that they will look into it if we move (incredibly unhelpful lol). Both my partner and I were born in the 90s
You are most welcome! All is not necessarily lost I would also suggest getting your parent(s) to use the tool and see what it says for them as well.. -- then take it from there..

Are you considering coming to Canada permanently, if possible? If by chance you don't qualify for Citizenship, have you considered applying for PR or a 2 year IEC working holiday if you are under 31 (35 for Ireland Nationals).. to try it out first?
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Old Aug 7th 2020, 2:09 pm
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Default Re: Advice on citizenship by descent!

I am part of the group 'Lost Canadians' but don't have time to advise. Find us by googling. We know about citizenship better than the IRCC who take advice from us. We have also over turned bills on this. Don Chapman heads the group.

Naturalisation before a birth usually ensures citizenship. This happens in the USA too. Each country has different dates, policies and laws. I do Canada and Italy but also USA and UK. I no longer do free work as I spent 12 yrs doing so but the group do.. especially where you may find it hard.

Be sure to be fully aware before you submit an application.




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Old Aug 7th 2020, 2:38 pm
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Default Re: Advice on citizenship by descent!

OP: the only way to know for sure is to apply for proof of citizenship which costs $75. Canadian citizenship law is very complex and even expertsvget it wrong sometimes.
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Old Aug 7th 2020, 2:41 pm
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Default Re: Advice on citizenship by descent!

Originally Posted by Snowy560 View Post
OP: the only way to know for sure is to apply for proof of citizenship which costs $75. Canadian citizenship law is very complex and even expertsvget it wrong sometimes.

This is why I've directed the OP to the site above. Our group has extensive knowledge and know the policies and applications. We all were denied our citizenship for varying illegal reasons. I suggest the OP not apply until more info is gathered.. Rejected applications are not good at the IRCC who are already behind on cases.. This would lengthen the time if the OP has a claim.
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Old Sep 28th 2020, 2:12 am
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Default Re: Advice on citizenship by descent!

Originally Posted by PMM View Post
Hi

1. Not necessarily, they are 2nd Generation born abroad and unless their parents applied for proof of citizenship, they are probably out of luck. As Souxie said use the tool.
If you're referring to retention of citizenship then it would depend on the year that OP's Canadian parent was born but it's unlikely to be a factor given the dates given so far..
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Old Sep 28th 2020, 3:09 pm
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Default Re: Advice on citizenship by descent!

Originally Posted by nic_hal View Post
Hi, I'm wondering if anybody has any experience or knowledge on the citizenship through decent, specifically for two generations. My grandmother is a naturalised Canadian citizen (who lives in the UK now so sponsorship isn't an option) born in '56 and still holds her passport, this is the same for my partner however his nan is a little older. Does anybody have an idea whether we would be able to apply for citizenship through our grandparents?

The changes made in 2009 clearly state that this is not applicable to those born after '09, but it seems to be a grey area for second generations. I have read read an article on nomad capitalist that seems confident it is still possible, however I haven't had any luck in finding anything else on the internet.

Any advice, tips or experience would be amazing before I even consider looking at immigration lawyers.

The laws are so convoluted.

When did she naturalise? Was her parent Canadian? Did she marry a non Canadian and have kids after the marriage? The Citizenship act 75/76 parts are stl being applied today and that's down to the way in which the IRCC chose to use the wording in law.

I'm 2nd gen born abroad but being born to female lineage between 75 and 81, it made me British but my cousin Canadian - all based on the fact my Canadian Nan couldn't pass citizenship bt descent but her brother could (They were both born in Ottawa). The fact my great grandad worked for the Gov made no difference. If you were born before 2009, the 19756 act affects the next gen and one after- especially born outside of Canada.
The laws inside Canada still take citizenship from people. That includes a few MPs who the Gov had to resolve on the quiet.

Last edited by christmasoompa; Oct 2nd 2020 at 2:49 pm.
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Old Oct 2nd 2020, 2:15 pm
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Default Re: Advice on citizenship by descent!

Hey i have a question about citizenship by descent too.

My mother was born in British Columbia in 1978 but moved to the UK when she was 16, does this mean that i am already a Canadian citizen by descent?

thanks!
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Old Oct 2nd 2020, 2:21 pm
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Default Re: Advice on citizenship by descent!

Originally Posted by Hollyflynn22 View Post
Hey i have a question about citizenship by descent too.

My mother was born in British Columbia in 1978 but moved to the UK when she was 16, does this mean that i am already a Canadian citizen by descent?

thanks!
Was she a citizen? Born to Canadian citizens? It is likely you are but rules between those times have been applied differently.
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Old Oct 2nd 2020, 2:23 pm
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Default Re: Advice on citizenship by descent!

Originally Posted by DarwinCharles View Post
Was she a citizen? Born to Canadian citizens? It is likely you are but rules between those times have been applied differently.
She was born in Canada to a Canadian Father and a British mother
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Old Oct 2nd 2020, 2:27 pm
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Default Re: Advice on citizenship by descent!

Originally Posted by Hollyflynn22 View Post
She was born in Canada to a Canadian Father and a British mother
Sounds like you're already a Canadian citizen then, and have been since birth. Maybe you didn't see the responses to your thread last year? https://britishexpats.com/forum/immi...escent-923659/

But you can double check here - https://na1se.voxco.com/SE/56/amican...ng=en&tui=auto

HTH.
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