Peawag22

Hi everyone
I need your help.
I've been on cic website and I'm still unsure also a little overwhelmed.
My mum was born in the UK in the 50's to British parents who quickly after having her moved to Canada. When she was 16 they moved back to the UK and has been here since. She had my sister in 1980 and me in 1987. She still holds her Canadian passport and in fact just renewed this year.
I have decided in last year that I would like my future to be in Canada and was wondering does my mums position influence my application positively.
I have been on the CIC site and looked in the new law that was passed in April 09 but to be honest I'm completely confused and wondered if anyone could answer my question without referring me back to there website.
Thanks for taking the time to read my post.

caretaker

I'm no help at all but welcome to the forum.

Former Lancastrian

Based on your post NO you would not be a Canadian as your mother was not a Canadian citizen when she was born.

This means that, in general, children born outside Canada to a parent who was a Canadian citizen at the time of the child’s birth will only be Canadian at birth if:

the parent was born in Canada, or
the parent became a Canadian citizen by being granted citizenship, also known as naturalization, (except for a grant of citizenship for adopted persons under section 5.1 of the Citizenship Act ).
Guide CIT 0001 - Application for a Citizenship Certificate

Peawag22

Thank you for your responses. So would I be right in saying my mum has dual citizenship? Or that she is a Canadian citizen as she has a Canadian passport?

BritInParis

I think you've contradicted yourself there FL.

If the OP's mother was born in the UK and then emigrated to Canada with her parents then it follows that she became a Canadian citizen by naturalisation before returning to the UK at the age of 16. The only way that wouldn't be the case was if the OP's grandparents were Canadian by birth but the OP describes them as being British so that seems unlikely.

As such the OP is a Canadian citizen and just needs to register him or herself with the Canadian High Commission in London.

Citizenship

Former Lancastrian

She will have to contact CIC to see if she qualifies.
The changes in the 2009 Act gave citizenship to those who had lost it and to those who had not been recognized.
Her mother was born in the UK and neither parent was a Canadian citizen. It would appear that the parents naturalized and became citizens which her mother would also have got. The mother then had the OP.
Re-reading the CIC website and thinking about it if they consider the OP to be part of the 1st generation limitation as per this then she would be a Canadian citizen

Understanding the first generation limitation
Since April 17, 2009, Canadian parents can only pass citizenship to their children born outside of Canada if, at the time of their birth:

one of the parents was born in Canada or
one of the parents became a Canadian citizen by being granted citizenship, also known as naturalization (except if the parent became a Canadian citizen using the citizenship process for intercountry adoption).

I was more focused on the one of the parents being born in Canada and not really reading the one of the parents being naturalized.

Siouxie

+1

How I read it was:

Parent was a naturalised citizen.

OP is 1st generation born outside of Canada.

= Citizen.

From the scenario's given on CIC: Changes to citizenship rules as of April 2009

2)

...Sam had immigrated to Canada and was naturalized (granted citizenship) years earlier and was a Canadian at the time Chelsea was born. Chelsea is a Canadian citizen at birth and is born in the first generation outside Canada due to her father having been naturalized Canadian before she was born.

3) Marko

Marko was born outside Canada to a Canadian parent. Marko is a first generation born abroad Canadian Citizen.

kswoosh

I read this before, because my friend is in almost the exact same situation as you, and to what I could conclude, you would be considered a Canadian citizen.

Easiest solution... Give CIC a call...

Peawag22

I should probably clarify a little more. My gran and grandad had my mum then when she was around 2 they moved to canada, both grandparents originally born in Britain. It was work that took them there. Then when my mum was around 16/17, they all moved back to the UK, again for work reasons. They stayed in the UK. So none of them were born there. However they all had/have Canadian passports. My mother just renewed her Canadian passport.
It would be helpful if I could spk to my mum but she is currently unwell in hospital.

christmasoompa

I know you don't want sending back to the CIC website, but tbh there's no way for any of us to know if you're a citizen or not (my guess is you are, but it's hard to say without having full details). You can either take the test on the CIC website to determine if you are a citizen (sorry!), or if you don't want to do that again then you can consult with an immigration lawyer who will be able to give you a definitive answer.

Good luck.

MarylandNed

It seems to me that you are a Canadian citizen by descent. The 2009 law does not affect you for 2 reasons. Firstly, anyone who was a Canadian citizen prior to the 2009 law change, cannot lose Canadian citizenship because of the 2009 law change. Secondly, the 2009 law change limits Canadian citizenship by descent to the first generation born abroad. Since you are in that first generation born abroad, you wouldn't have been affected anyway even if the law change applied in your case.

I would suggest that you apply for a Canadian citizenship certificate and then a Canadian passport.

MarylandNed

The online tool is unavailable at the moment as it is being updated.

http://www.cic.gc.ca/english/citizenship/rules/

BritInParis

I would concur with MarylandNed. The OP is almost certainly a Canadian citizen by descent and should register themselves with the Canadian High Commission in London in order to obtain their citizenship certificate.

MarylandNed

No need to register with the Canadian High Commission. The OP can simply submit an application for a Canadian citizenship cert.

BritInParis

It's the same process. If he's living in the UK he'll need to go via the Canadian High Commission.

Apply – Proof of citizenship