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Claiming Canadian citizenship through grandparent

Claiming Canadian citizenship through grandparent

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Old Mar 5th 2020, 1:03 am
  #16  
 
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Default Re: Claiming Canadian citizenship through grandparent

Originally Posted by catweazle
I'm by no means an expert, but I fear things could be much more complicated than that !

Before the creation of Canadian Citizenship in 1947, a Canadian was just a British Subject with Canadian domicile (ie. residency). People back then travelled on a British Passport issued by their place of residence. For example, "British Passport, Colony and Protectorate of Aden", "British Passport, British Guyana" or indeed "British Passport, Canada".

Carrying such a passport did not mean that the holder necessarily acquired any status in that country after independence.

If the OP's grandmother lived in Canada with her husband before the war, she likely would have travelled on a "British Passport - Canada". Depending on where she lived in 1947, she may or may not have acquired Canadian citizenship. As far as I understand it.

Anon, what is the date on your grandmother's passport?
Perhaps BritInParis has some insights?
You beat me to it. The issue date of this passport and the exact wording are crucial to understand whether the OP has a claim.
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Old Mar 5th 2020, 6:10 am
  #17  
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Default Re: Claiming Canadian citizenship through grandparent

Originally Posted by catweazle
I'm by no means an expert, but I fear things could be much more complicated than that !
Ugh, I hope not for the OP’s sake! I’m sure she would have mentioned if it wasn’t a proper Canadian passport....she said, hopefully.
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Old Mar 12th 2020, 3:56 pm
  #18  
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Default Re: Claiming Canadian citizenship through grandparent

Sorry for the slow reply, I didn't get email notifications for some reason!

We've found most of the documents and information required for our application, but are awaiting the few which we had to order copies of. Once those arrive I think we can submit our application.

Originally Posted by catweazle
Anon, what is the date on your grandmother's passport?
It seems the issue date (there's a stamp) is January 9th 1948 and the expiration date is January 9th 1953.

Originally Posted by catweazle
Anon, does your grandmother's passport list anything under "national status"
It says "CANADIAN CITIZEN UNDER SEC .9-1-C OF CANADIAN CITIZENSHIP ACT." and also "A CANADIAN CITIZEN IS A BRITISH SUBJECT SECTION 26 CANADIAN CITIZENSHIP ACT".

It's a Canadian passport, it clearly says "CANADA" on the first page, in the background of every page and under residence it says "CANADA".

What do you think, are we scuppered?
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Old Mar 12th 2020, 4:19 pm
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Default Re: Claiming Canadian citizenship through grandparent

Not scuppered at all. You’re good to go.
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Old Mar 12th 2020, 4:45 pm
  #20  
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Default Re: Claiming Canadian citizenship through grandparent

Just for the interest factor -
https://historyofrights.ca/wp-conten...itizenship.pdf
PART II.
Ca n a d i a n Ci t i z e n s Ot h e r t h a n Na t u r a l - Bo r n

(l) A person other than a natural-born Canadian a"1 citizen, is a Canadian citizen, if he or, in the case of a woman,(c) if she (i) before the commencement of this Act, was married to a man who, if this Act had come into force immediately before the marriage, would have been a natural-born Canadian citizen as provided in section four of this Act or a Canadian citizen as provided in paragraphs (a) and (b) of this subsection, and (ii) nt the commencement of this Act, is a British subject and 1ms been lawfully admitted to Canada for permanent residence.
(2) A person who is a Canadian citizen under subsection one of this section shall be deemed, for the purpose of Part III of this Act, to have become a Canadian citizen:— fa j where lie was granted, or his name was included in, a certificate of naturalization, on the date of the certificate;(b ) where he is a Canadian citizen by reason of being a British subject who had Canadian domicile, on the date he acquired Canadian domicile; and(c) in the case of a woman to whom paragraph (c) of subsection one of this section applies, on the date of the marriage or on which she became a British subject or on which she was lawfully admitted to Canada for permanent residence, whichever is the latest date.
PART IV - S t a t u s o f Ca n a d i a n Ci t i z e n s a n d Re c o g n i t i o n o f Br i t i s h Su b j e c t s

26.A Canadian citizen is a British subject
27._ A Canadian citizen other than a natural-bom Canadian citizen shall, subject to the provisions of this Act, be entitled to all rights, powers and privileges and be subject to all obligations, duties and liabilities to which a natural-born Canadian citizen is entitled or subject and, on and after becoming a Canadian citizen, shall, subject to the provisions of this Act, have a like status to that of a natural-born Canadian citizen




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Old Apr 4th 2020, 6:17 pm
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Default Re: Claiming Canadian citizenship through grandparent

Quick update and a couple of questions. We finally received all the certificates that we sent off for, the whole virus mess slowed things down quite a bit! So I think we're now ready to get the application together and submit it!

In the application form, I need to refer to the Canadian Citizenship Act in one of the answers. Is it right to say "Canadian Citizenship Act, 1946" or "Canadian Citizenship Act, 1945"? People seem to use 1945 and 1946 interchangeably, so I wasn't sure which year to use.

In the form, it asks "Was parent 1 naturalized as a British subject in Canada before January 1, 1947 or in Newfoundland and Labrador before April 1, 1949". I don't really understand that question, she originally went to Canada from the UK in September 1946 and her Canadian passport has an issue date of January 1948. Any idea how I should answer the question?
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Old Apr 4th 2020, 6:24 pm
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Default Re: Claiming Canadian citizenship through grandparent

Oh, one other question, sorry!

In one section it asks for some of my mum's parent's details including date of marriage. My grandmother originally married the Canadian man, was widowed and later remarried my grandfather. Should I list her marriage date as the date of her original marriage, or the date of her second marriage? So far, I have used the date of my grandmother's first marriage for her entry, then the date of the second marriage with my grandfather for my grandfather's marriage date entry.
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Old Apr 4th 2020, 6:26 pm
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Default Re: Claiming Canadian citizenship through grandparent

Sorry, I've just remembered another question! Really the last one!

Does the order of parent 1 and parent 2 matter? For example, is parent 1 always the mother, or is it up to you which order you list your parents?
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Old Apr 4th 2020, 6:35 pm
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Default Re: Claiming Canadian citizenship through grandparent

Originally Posted by anoymon
Oh, one other question, sorry!

In one section it asks for some of my mum's parent's details including date of marriage. My grandmother originally married the Canadian man, was widowed and later remarried my grandfather. Should I list her marriage date as the date of her original marriage, or the date of her second marriage? So far, I have used the date of my grandmother's first marriage for her entry, then the date of the second marriage with my grandfather for my grandfather's marriage date entry.
The marriage that counts for a Citizenship application is the one to a Canadian... as I understood that is how your Grandmother became a Canadian Citizen (but wait for a 2nd opinion please!!) ... unless your grandfather (the 2nd marriage) was also a Canadian Citizen?

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Old Apr 4th 2020, 11:10 pm
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Default Re: Claiming Canadian citizenship through grandparent

- Not sure where you are reading it but there is no 1945 Act, only the 1946 Act.
- You should answer ‘No’.
- The date of marriage should be to your grandfather.
- It doesn’t matter but it’s better to be consistent so stick with Parent 1 for father and 2 for mother or vice versa but don’t mix and match.
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Old Apr 5th 2020, 1:44 am
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Default Re: Claiming Canadian citizenship through grandparent

Originally Posted by BritInParis
- It doesn’t matter but it’s better to be consistent so stick with Parent 1 for father and 2 for mother or vice versa but don’t mix and match.
Are you sure about this last bit since OPs grandfather is not the Canadian, it is her grandmother's first husband who she was widowed to and then subsequently remarried OP's grandfather?
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Old Apr 5th 2020, 2:08 am
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Default Re: Claiming Canadian citizenship through grandparent

Originally Posted by Gozit
Are you sure about this last bit since OPs grandfather is not the Canadian, it is her grandmother's first husband who she was widowed to and then subsequently remarried OP's grandfather?
The form asks for the parents of the OP’s mother. His grandmother’s first husband is not his grandfather.
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Old Apr 5th 2020, 8:54 am
  #28  
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Default Re: Claiming Canadian citizenship through grandparent

Originally Posted by BritInParis
- Not sure where you are reading it but there is no 1945 Act, only the 1946 Act.
Ok thanks, will put 1946.

Originally Posted by BritInParis
- You should answer ‘No’.
Could you explain why? I still don't really understand the question, so it would be good to get my head around it! I suppose I'm confused if "naturalized as a British subject in Canada" means the same as "British and became a Canadian citizen" - I think your earlier replies alluded to an important distinction, but I find this all quite confusing to be honest!

Originally Posted by BritInParis
- The date of marriage should be to your grandfather.
Is that since it is her most recent marriage, or since it is her marriage to my grandfather? Would putting the date of her first marriage instead be incorrect?

Originally Posted by BritInParis
- It doesn’t matter but it’s better to be consistent so stick with Parent 1 for father and 2 for mother or vice versa but don’t mix and match.
Cool OK, will be careful to be consistent.
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Old Apr 5th 2020, 10:20 pm
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Default Re: Claiming Canadian citizenship through grandparent

Originally Posted by anoymon
Could you explain why? I still don't really understand the question, so it would be good to get my head around it! I suppose I'm confused if "naturalized as a British subject in Canada" means the same as "British and became a Canadian citizen" - I think your earlier replies alluded to an important distinction, but I find this all quite confusing to be honest!
It's asking if your grandmother was a foreign national who naturalised in Canada as a British subject before the creation of a separate Canadian citizenship. Since your grandmother was born a British subject by virtue of her birth in the UK it would've been impossible for her to naturalise as a British subject in Canada.

Is that since it is her most recent marriage, or since it is her marriage to my grandfather? Would putting the date of her first marriage instead be incorrect?
The question is asking for information regarding your grandparents. Your grandmother's first husband was not your grandfather therefore he shouldn't be listed here. Don't overthink it.
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Old Apr 6th 2020, 8:52 am
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Default Re: Claiming Canadian citizenship through grandparent

Alright, fair enough. Thanks for taking the time to explain and for all the advice. I'll get everything together and submit the application shortly! I'll keep you guys posted.
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