Australian of Canadian mother
Jan 13th 2002, 6:21 am
#1
Guest
Posts: n/a
Hi, I was wondering if anybody could help me. I am a 24 year old australian of a
Canadian mother and Australian father I was born august 1977 and I was wondering what
my chances are of getting Canadian citizenship. Any advise and links you can give me
would be greatly appreciated.
Canadian mother and Australian father I was born august 1977 and I was wondering what
my chances are of getting Canadian citizenship. Any advise and links you can give me
would be greatly appreciated.
Jan 13th 2002, 7:12 am
#2
Guest
Posts: n/a
Hi Lee,
Check the following link
http://www.cic.gc.ca/english/citizen/born-e.html
It seems you might be unlucky - if you were born before February 14th 1977 you would
be eligible for Canadian citizenship under 'Paragraph 5(2)(b)', but this information
seems to imply you are not eligible.
If you all the consular (not immigration) department of you local Canadian High
Commission you should be able to speak to someone who can confirm this (Immigration
often do not speak to callers, but consular departments normally do).
Mike
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Check the following link
http://www.cic.gc.ca/english/citizen/born-e.html
It seems you might be unlucky - if you were born before February 14th 1977 you would
be eligible for Canadian citizenship under 'Paragraph 5(2)(b)', but this information
seems to imply you are not eligible.
If you all the consular (not immigration) department of you local Canadian High
Commission you should be able to speak to someone who can confirm this (Immigration
often do not speak to callers, but consular departments normally do).
Mike
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Jan 13th 2002, 7:29 am
#3
Guest
Posts: n/a
Lee,
This CIC link might be a bit misleading. Out of interest I just looked at the
Citizenship Act, and this seems to imply that you will be eligible (though it can be
clear as mud sometimes).
My other half has applied under 5(2)(b), but was born well before 1977.
Mike
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[usenetquote2]> > Hi, I was wondering if anybody could help me. I am a 24 year old australian[/usenetquote2]
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[usenetquote2]> > a Canadian mother and Australian father I was born august 1977 and I was[/usenetquote2]
[usenetquote2]> > wondering what my chances are of getting Canadian citizenship. Any[/usenetquote2]
advise
[usenetquote2]> > and links you can give me would be greatly appreciated.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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-----= Posted via Newsfeeds.Com, Uncensored Usenet News =-----
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This CIC link might be a bit misleading. Out of interest I just looked at the
Citizenship Act, and this seems to imply that you will be eligible (though it can be
clear as mud sometimes).
My other half has applied under 5(2)(b), but was born well before 1977.
Mike
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[usenetquote2]> > Hi, I was wondering if anybody could help me. I am a 24 year old australian[/usenetquote2]
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[usenetquote2]> > a Canadian mother and Australian father I was born august 1977 and I was[/usenetquote2]
[usenetquote2]> > wondering what my chances are of getting Canadian citizenship. Any[/usenetquote2]
advise
[usenetquote2]> > and links you can give me would be greatly appreciated.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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Jan 13th 2002, 7:31 am
#4
Guest
Posts: n/a
Lee Gilmore wrote:
> I am a 24 year old Australian of a Canadian mother and Australian father. I was
> born August 1977, and I was wondering what my chances are of getting Canadian
> citi- zenship.
Assuming your mother was in fact a Canadian citizen on the day you were born,
then you have -- and in fact have always had -- Canadian citizenship.
[Citizenship Act, 3(1)(b).]
Since Canadian citizenship acquired in this way is considered to take effect at
birth, it's my understanding that you could freely claim and exercise your Canadian
citizenship without jeopardizing your Australian citizenship in any way. Under
Australia's current citizenship law (the government is planning to change this law,
but they have not yet done so), an Aussie who acquires another citizenship as an
adult will (usually) automatically lose Austra- lian citizenship -- but this doesn't
apply to "born dual" citizens such as yourself.
Note, though, that if your mother became an Australian citizen before you were born,
then you most likely are =not= a Canadian citizen. Under Canada's older citizenship
law (in effect until 15 February 1977), foreign naturalization resulted in automatic
loss of Canadian citizenship -- and if your mother wasn't still a Canadian citizen
when you were born, the fact that she was from Canada would =not= be enough to give
you Canadian citizenship.
Rich Wales [email protected] http://www.richw.org
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
> I am a 24 year old Australian of a Canadian mother and Australian father. I was
> born August 1977, and I was wondering what my chances are of getting Canadian
> citi- zenship.
Assuming your mother was in fact a Canadian citizen on the day you were born,
then you have -- and in fact have always had -- Canadian citizenship.
[Citizenship Act, 3(1)(b).]
Since Canadian citizenship acquired in this way is considered to take effect at
birth, it's my understanding that you could freely claim and exercise your Canadian
citizenship without jeopardizing your Australian citizenship in any way. Under
Australia's current citizenship law (the government is planning to change this law,
but they have not yet done so), an Aussie who acquires another citizenship as an
adult will (usually) automatically lose Austra- lian citizenship -- but this doesn't
apply to "born dual" citizens such as yourself.
Note, though, that if your mother became an Australian citizen before you were born,
then you most likely are =not= a Canadian citizen. Under Canada's older citizenship
law (in effect until 15 February 1977), foreign naturalization resulted in automatic
loss of Canadian citizenship -- and if your mother wasn't still a Canadian citizen
when you were born, the fact that she was from Canada would =not= be enough to give
you Canadian citizenship.
Rich Wales [email protected] http://www.richw.org
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
Jan 13th 2002, 9:31 am
#5
Guest
Posts: n/a
Hi Lee,
Let me give you a better answer than I did earlier (I was a bit asleep). Take a look
at
http://www.cic.gc.ca/english/citizen/citserve-e.html
There it says "If you were born outside Canada after February 15, 1977, and had one
Canadian parent, you can apply for proof of Canadian citizenship." You would seem to
be eligible for Canadian Citizenship under paragraph
3(1)(b) of the Citizenship Act.
Usually the key criteria is that your mother was still a Canadian citizen at the time
of your birth. Prior to 1977, aquiring another citizenship normally meant that a
Canadian lost their Canadian citizenship (this no longer applies, just before 1977).
I do not know if processing times for 3(1)(b) are the same as 5(2)(b), but the
process would seem almost identical. If it is the same, then the it will take about
12 months to get your Citizenship. Normally the forms are very simple and available
by calling your local consular office.
For my significant other's 5(2)(b) application we have had to provide other documents
proving that her mother did not lose her citizenship before 1977, and even provide
documents on her grandparents citizenship history.
Hope this helps.
Mike
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[usenetquote2]> > Hi, I was wondering if anybody could help me. I am a 24 year old australian[/usenetquote2]
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[usenetquote2]> > a Canadian mother and Australian father I was born august 1977 and I was[/usenetquote2]
[usenetquote2]> > wondering what my chances are of getting Canadian citizenship. Any[/usenetquote2]
advise
[usenetquote2]> > and links you can give me would be greatly appreciated.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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-----= Posted via Newsfeeds.Com, Uncensored Usenet News =-----
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Let me give you a better answer than I did earlier (I was a bit asleep). Take a look
at
http://www.cic.gc.ca/english/citizen/citserve-e.html
There it says "If you were born outside Canada after February 15, 1977, and had one
Canadian parent, you can apply for proof of Canadian citizenship." You would seem to
be eligible for Canadian Citizenship under paragraph
3(1)(b) of the Citizenship Act.
Usually the key criteria is that your mother was still a Canadian citizen at the time
of your birth. Prior to 1977, aquiring another citizenship normally meant that a
Canadian lost their Canadian citizenship (this no longer applies, just before 1977).
I do not know if processing times for 3(1)(b) are the same as 5(2)(b), but the
process would seem almost identical. If it is the same, then the it will take about
12 months to get your Citizenship. Normally the forms are very simple and available
by calling your local consular office.
For my significant other's 5(2)(b) application we have had to provide other documents
proving that her mother did not lose her citizenship before 1977, and even provide
documents on her grandparents citizenship history.
Hope this helps.
Mike
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[usenetquote2]> > Hi, I was wondering if anybody could help me. I am a 24 year old australian[/usenetquote2]
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[usenetquote2]> > a Canadian mother and Australian father I was born august 1977 and I was[/usenetquote2]
[usenetquote2]> > wondering what my chances are of getting Canadian citizenship. Any[/usenetquote2]
advise
[usenetquote2]> > and links you can give me would be greatly appreciated.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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Jan 13th 2002, 9:48 am
#6
Guest
Posts: n/a
Thank you very much for all your information, to you and Micheal. I didnt expect any
replys so soon, as I only posted it this afternoon. I really hope I can get
citizenship as I love Vancouver. Thanks again Lee
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replys so soon, as I only posted it this afternoon. I really hope I can get
citizenship as I love Vancouver. Thanks again Lee
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Jan 13th 2002, 1:44 pm
#7
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As long as your mother was still a Canadian citizen on the day that you were born,
then you automatically received Canadian citizenship at that time. Children born
outside Canada since February 15, 1977, to a Canadian parent will automatically
receive Canadian citizenship.
The only thing in question would be whether your mother was a Canadian citizen on the
day that you were born. If she was, then your citizenship would have been automatic.
She might have lost it if she became an Australian prior to February 15, 1977.
In order to prove your Canadian citizenship you would have to apply for a certificate
of Canadian citizenship. This application is simply a confirmation that you are a
Canadian. It's not a conferral of Canadian citizenship. The citizenship was conferred
automatically at birth. It's important to understand this since, under current
Australian law, an Australian adult who applies for another citizenship will lose his
Australian citizenship. That doesn't apply in this case, since you would only be
applying for documentation that you received Canadian citizenship automatically at
birth. (Automatic conferral of another citizenship does not cause loss of Australian
citizenship).
The government of Australia has indicated that they plan to change Australia's
nationality law to allow the acquisition of other citizenship without loss of
Australian citizenship, but it has not yet been passed.
Stephen Gallagher
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As long as your mother was still a Canadian citizen on the day that you were born,
then you automatically received Canadian citizenship at that time. Children born
outside Canada since February 15, 1977, to a Canadian parent will automatically
receive Canadian citizenship.
The only thing in question would be whether your mother was a Canadian citizen on the
day that you were born. If she was, then your citizenship would have been automatic.
She might have lost it if she became an Australian prior to February 15, 1977.
In order to prove your Canadian citizenship you would have to apply for a certificate
of Canadian citizenship. This application is simply a confirmation that you are a
Canadian. It's not a conferral of Canadian citizenship. The citizenship was conferred
automatically at birth. It's important to understand this since, under current
Australian law, an Australian adult who applies for another citizenship will lose his
Australian citizenship. That doesn't apply in this case, since you would only be
applying for documentation that you received Canadian citizenship automatically at
birth. (Automatic conferral of another citizenship does not cause loss of Australian
citizenship).
The government of Australia has indicated that they plan to change Australia's
nationality law to allow the acquisition of other citizenship without loss of
Australian citizenship, but it has not yet been passed.
Stephen Gallagher
Jan 14th 2002, 4:03 pm
#8
Guest
Posts: n/a
Hi Mike, Can you please elaborate on what sort of questions were asked and what
documents were requested of your significant other regarding Grandparents? Thanks
in advance.
"Michael Edwards" <[email protected]>
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[usenetquote2]> > Hi Lee,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Check the following link[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > http://www.cic.gc.ca/english/citizen/born-e.html[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > It seems you might be unlucky - if you were born before February 14th 1977 you[/usenetquote2]
[usenetquote2]> > would be eligible for Canadian citizenship under 'Paragraph 5(2)(b)', but this[/usenetquote2]
[usenetquote2]> > information seems to imply you are not eligible.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > If you all the consular (not immigration) department of you local Canadian High[/usenetquote2]
[usenetquote2]> > Commission you should be able to speak to someone who can confirm[/usenetquote2]
>
[usenetquote2]> > (Immigration often do not speak to callers, but consular departments[/usenetquote2]
[usenetquote2]> > normally do).[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Mike[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Hi, I was wondering if anybody could help me. I am a 24 year old australian[/usenetquote2]
>
[usenetquote2]> > > a Canadian mother and Australian father I was born august 1977 and I was[/usenetquote2]
[usenetquote2]> > > wondering what my chances are of getting Canadian citizenship. Any[/usenetquote2]
>
[usenetquote2]> > > and links you can give me would be greatly appreciated.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > -----= Posted via Newsfeeds.Com, Uncensored Usenet News =-----[/usenetquote2]
[usenetquote2]> > Check out our new Unlimited Server. No Download or Time Limits![/usenetquote2]
[usenetquote2]> > -----== Over 80,000 Newsgroups - 19 Different Servers! ==-----[/usenetquote2]
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documents were requested of your significant other regarding Grandparents? Thanks
in advance.
"Michael Edwards" <[email protected]>
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[usenetquote2]> > Hi Lee,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Check the following link[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > http://www.cic.gc.ca/english/citizen/born-e.html[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > It seems you might be unlucky - if you were born before February 14th 1977 you[/usenetquote2]
[usenetquote2]> > would be eligible for Canadian citizenship under 'Paragraph 5(2)(b)', but this[/usenetquote2]
[usenetquote2]> > information seems to imply you are not eligible.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > If you all the consular (not immigration) department of you local Canadian High[/usenetquote2]
[usenetquote2]> > Commission you should be able to speak to someone who can confirm[/usenetquote2]
>
[usenetquote2]> > (Immigration often do not speak to callers, but consular departments[/usenetquote2]
[usenetquote2]> > normally do).[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Mike[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Hi, I was wondering if anybody could help me. I am a 24 year old australian[/usenetquote2]
>
[usenetquote2]> > > a Canadian mother and Australian father I was born august 1977 and I was[/usenetquote2]
[usenetquote2]> > > wondering what my chances are of getting Canadian citizenship. Any[/usenetquote2]
>
[usenetquote2]> > > and links you can give me would be greatly appreciated.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > -----= Posted via Newsfeeds.Com, Uncensored Usenet News =-----[/usenetquote2]
[usenetquote2]> > Check out our new Unlimited Server. No Download or Time Limits![/usenetquote2]
[usenetquote2]> > -----== Over 80,000 Newsgroups - 19 Different Servers! ==-----[/usenetquote2]
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Jan 14th 2002, 5:07 pm
#9
Guest
Posts: n/a
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(NB "SO" below means "significant other" )
Happy to provide the information ...
First I have to say that we are not entirely clear what CIC'S particular train of
thought was. Her mother was born in Canada, and has never lost her citizenship (she
even has current Canadian passport). She did become a British Citizen, but only after
1977 (prior to 1977 this would have caused her to lose her Canadian Citizenship). All
other 5(2)(b) conditions were clearly satisfied. The document request came from the
processing centre in Sidney, Nova Scotia via the Canadian High Commission London. The
consular division at CHC London were at a total loss to explain why this was not an
open and shut case, and why Sidney were asking for these documents. Hence we could
only guess at their reasoning.
We speculated that Sidney were just confirming the status of her grandmother,
probably due to some confusing circumstances regarding her grandmother. My SO's
grandmother was unmarried when my SO's mother was born, and my SO's grandmother moved
to the UK sometime after the birth and married a British subject who had the same
family name as her (she married a distant relative). This might have caused CIC to
wonder if he was the father (he was not).
There is an added issue of the interaction of Canadian and British Citizenship at the
end of the 1940's. If I understand correctly, prior to 1947 all "Canadian Citizens"
where "British Citizens". By living in UK, married to a British Citizen, her
grandmother retained he British Citizenship over this period automatically, if she
had stayed in Canada, she would have lost it.
CIC in Sidney wanted us, primarily, to obtain a letter from the Nationality
Directorate of the UK "Home Office" to confirm that her grandmother never explicitly
applied for any form of British Citizenship (i.e. it was OK to get it by default, but
not explicitly). We took the opportunity to send the birth certificates, marriage
certificates, etc of the grandmother to clear up any potential confusion.
As I say, relevance of this was not clear, as the pertinent issue was that my SO's
mother was demonstrably born in Canada, making her a Canadian citizen. I guess the
point is that in applying for grant of citizenship, you are applying for a very
special thing. You should expect your claim to be scrutinised carefully.
Hope this helps.
Mike
-----= Posted via Newsfeeds.Com, Uncensored Usenet News =-----
Check out our new Unlimited Server. No Download or Time Limits!
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>
>
(NB "SO" below means "significant other" )
Happy to provide the information ...
First I have to say that we are not entirely clear what CIC'S particular train of
thought was. Her mother was born in Canada, and has never lost her citizenship (she
even has current Canadian passport). She did become a British Citizen, but only after
1977 (prior to 1977 this would have caused her to lose her Canadian Citizenship). All
other 5(2)(b) conditions were clearly satisfied. The document request came from the
processing centre in Sidney, Nova Scotia via the Canadian High Commission London. The
consular division at CHC London were at a total loss to explain why this was not an
open and shut case, and why Sidney were asking for these documents. Hence we could
only guess at their reasoning.
We speculated that Sidney were just confirming the status of her grandmother,
probably due to some confusing circumstances regarding her grandmother. My SO's
grandmother was unmarried when my SO's mother was born, and my SO's grandmother moved
to the UK sometime after the birth and married a British subject who had the same
family name as her (she married a distant relative). This might have caused CIC to
wonder if he was the father (he was not).
There is an added issue of the interaction of Canadian and British Citizenship at the
end of the 1940's. If I understand correctly, prior to 1947 all "Canadian Citizens"
where "British Citizens". By living in UK, married to a British Citizen, her
grandmother retained he British Citizenship over this period automatically, if she
had stayed in Canada, she would have lost it.
CIC in Sidney wanted us, primarily, to obtain a letter from the Nationality
Directorate of the UK "Home Office" to confirm that her grandmother never explicitly
applied for any form of British Citizenship (i.e. it was OK to get it by default, but
not explicitly). We took the opportunity to send the birth certificates, marriage
certificates, etc of the grandmother to clear up any potential confusion.
As I say, relevance of this was not clear, as the pertinent issue was that my SO's
mother was demonstrably born in Canada, making her a Canadian citizen. I guess the
point is that in applying for grant of citizenship, you are applying for a very
special thing. You should expect your claim to be scrutinised carefully.
Hope this helps.
Mike
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Jan 14th 2002, 5:20 pm
#10
Guest
Posts: n/a
Hi Mike, Thank you for the additional clarifications below. I have further
complicated my case as I am also a spouse of a Canadian citizen, residing in Canada
and fall under the " no work" rule.
[usenetquote2]> > Hi Mike, Can you please elaborate on what sort of questions were asked and what[/usenetquote2]
[usenetquote2]> > documents were requested of your significant other regarding Grandparents? Thanks[/usenetquote2]
[usenetquote2]> > in advance.[/usenetquote2]
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complicated my case as I am also a spouse of a Canadian citizen, residing in Canada
and fall under the " no work" rule.
[usenetquote2]> > Hi Mike, Can you please elaborate on what sort of questions were asked and what[/usenetquote2]
[usenetquote2]> > documents were requested of your significant other regarding Grandparents? Thanks[/usenetquote2]
[usenetquote2]> > in advance.[/usenetquote2]
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Jan 14th 2002, 5:42 pm
#11
Guest
Posts: n/a
I presume you are applying, or have applied for, a family class PR visa sponsored by
your spouse.
I doubt that this should cause you any problems - we both have permanent
residency visas, and my SO applied for her citizenship whilst we were applying
for our PR visas.
The reason that this does not cause any real problem is that they get handled by
different parts of CIC - Citizenship is a consular division matter, PR visas are an
immigration division matter.
We fully disclosed our citizenship application to the immigration division, and vice
versa. Neither batted an eyelid.
Best regards,
Mike
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your spouse.
I doubt that this should cause you any problems - we both have permanent
residency visas, and my SO applied for her citizenship whilst we were applying
for our PR visas.
The reason that this does not cause any real problem is that they get handled by
different parts of CIC - Citizenship is a consular division matter, PR visas are an
immigration division matter.
We fully disclosed our citizenship application to the immigration division, and vice
versa. Neither batted an eyelid.
Best regards,
Mike
>
>
in
>
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Jan 14th 2002, 7:31 pm
#12
Guest
Posts: n/a
Actually no. This is the reason why I was concerned ( to say the least) when you
quoted your SO's timeframe as 12 months. I am aware that spousal PR applications are
given a higher level of processing priority so I am hoping that although I am
applying for grant of citizenship under 5(2)(b), I am also a spouse within Canada and
my app will therefore receive a higher level of priority.
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division,
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[usenetquote2]> > Hi Mike, Thank you for the additional clarifications below. I have further[/usenetquote2]
[usenetquote2]> > complicated my case as I am also a spouse of a Canadian citizen,[/usenetquote2]
residing
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[usenetquote2]> > Canada and fall under the " no work" rule.[/usenetquote2]
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quoted your SO's timeframe as 12 months. I am aware that spousal PR applications are
given a higher level of processing priority so I am hoping that although I am
applying for grant of citizenship under 5(2)(b), I am also a spouse within Canada and
my app will therefore receive a higher level of priority.
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division,
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[usenetquote2]> > Hi Mike, Thank you for the additional clarifications below. I have further[/usenetquote2]
[usenetquote2]> > complicated my case as I am also a spouse of a Canadian citizen,[/usenetquote2]
residing
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[usenetquote2]> > Canada and fall under the " no work" rule.[/usenetquote2]
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