Am I canadian?

Old Feb 16th 2010, 11:55 pm
  #16  
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Default Re: Am I canadian?

I hope you find your answer as it may help us. My husbands father is Canadian (has been a citizen since the early 60's) and still lives there and has 4 children there but my husband was born and then adopted in the UK. We have been in regular contact with him and the family for 5 years and have visited many times.

We would love to move our family to Canada as we love the place so much and my husband would love to spend as much time with is dad as possible. They feel they have missed out on so much of each others lives.

I wish it was easier for children of Canadians to gain citizenship. I didn't think we stand as much chance or any to get it. We can only get the points we need if my husband was to have a years work experience. Not much hope as he runs a painting and decorating company here.

Wish you all the luck.
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Old Feb 17th 2010, 12:23 am
  #17  
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Default Re: Am I canadian?

Originally Posted by oliverjude
I hope you find your answer as it may help us. My husbands father is Canadian (has been a citizen since the early 60's) and still lives there and has 4 children there but my husband was born and then adopted in the UK. We have been in regular contact with him and the family for 5 years and have visited many times.
Was your father-in-law a Canadian citizen when he adopted your husband? There is a simple test on the CIC website that will tell you if he is a citizen by descent or not. Alternatively, where do your father-in-law and brother/sister-in-laws live? Or even any aunts/uncles he has? There are several provinces that allow sponsorship of adult children, siblings or nephews so he could still be sponsored if any of his relatives live in those provinces.

Originally Posted by oliverjude
I wish it was easier for children of Canadians to gain citizenship. I didn't think we stand as much chance or any to get it. We can only get the points we need if my husband was to have a years work experience. Not much hope as he runs a painting and decorating company here.
You know you don't need points for citizenship? And if you're referring to points for a Skilled Worker visa, your husbands work experience owning his own company would count, so as long as he's got one year or more of doing that, he'd get points for it.

But there are plenty of other ways to get to Canada if he isn't a citizen and doesn't qualify as a Skilled Worker - bear in mind there are over 50 different visa routes, so I'm sure you can do it somehow!

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Old Feb 17th 2010, 4:53 am
  #18  
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Default Re: Am I canadian?

Hi

Originally Posted by christmasoompa
Was your father-in-law a Canadian citizen when he adopted your husband? There is a simple test on the CIC website that will tell you if he is a citizen by descent or not. Alternatively, where do your father-in-law and brother/sister-in-laws live? Or even any aunts/uncles he has? There are several provinces that allow sponsorship of adult children, siblings or nephews so he could still be sponsored if any of his relatives live in those provinces.



You know you don't need points for citizenship? And if you're referring to points for a Skilled Worker visa, your husbands work experience owning his own company would count, so as long as he's got one year or more of doing that, he'd get points for it.

But there are plenty of other ways to get to Canada if he isn't a citizen and doesn't qualify as a Skilled Worker - bear in mind there are over 50 different visa routes, so I'm sure you can do it somehow!

If I am read the OP post correctly, her spouse was adopted in the UK (quite likely that the adoptive family was not Canadian) so that severed his ties with his biological father who was a Canadian. If that is the case the spouse is not a Canadian.
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Old Feb 17th 2010, 5:05 am
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Default Re: Am I canadian?

Originally Posted by PMM
Hi



If I am read the OP post correctly, her spouse was adopted in the UK (quite likely that the adoptive family was not Canadian) so that severed his ties with his biological father who was a Canadian. If that is the case the spouse is not a Canadian.
Ah, I had understood it the other way i.e. the husband was adopted by a Canadian family. Your way makes more sense though!
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Old Feb 17th 2010, 11:47 am
  #20  
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Default Re: Am I canadian?

Originally Posted by PMM
Hi

If I am read the OP post correctly, her spouse was adopted in the UK (quite likely that the adoptive family was not Canadian) so that severed his ties with his biological father who was a Canadian. If that is the case the spouse is not a Canadian.

Adoption out to foreign parents does not cause a Canadian citizen to lose citizenship by descent acquired at birth. However, prior to 15 February 1977, a person born outside Canada (with a Canadian father) only became a Canadian citizen upon registration.

If the registration was not done before adoption, there was no acquisition of Canadian citizenship. In theory the 2009 Citizenship Act might have restituted this retroactively, but it may not apply in a case where someone was adopted out.

I would not make a definitive statement on this without consulting a good Canadian immigration lawyer as the law is quite specific. For example, in Australia, adoption severs a family relationship under the immigration laws but not for the purposes of claiming citizenship by descent.
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