Bringing Canada's "Lost" (Bill C-37 Canadian Citizenship) Canadians Together

Curious on what your thoughts are.

Hi, great website, wish I would have found it sooner. Ok, so yes, yet another am I Canadian question.

My Grandmother was born in 1913 in Canada - from what I read she was then a British Subject. She apparently became Canadian presumably in 1947. I assume this because her death certificate states Canadian.

My Father was born out of wedlock. He was born on U.S soil. He never lived in Canada. He was born in 1944.

I was born in 1973 also in the U.S. I am filling out the Application for a Citizenship Certificate in hopes that I am deemed to be Canadian. I have read so much about this and have noticed that peoples thoughts on the matter change as time goes by. So I was wondering what the most current thoughts are?

I know the 2009 ammendmants say second generation is no longer eligible but they also say that they do not remove any previous rights to citizenship. Leaves me confused. Oh, to the best of my knowledge my father has never claimed his citizenship, I do not believe his birth was registered and neither was mine.

I want to give you a link to a page that I have read some of the law on citizenship. It is the only place where after I read the law I feel that I am qualified to be Canadian. It seems to me that since I was a minor before 1977 that possibly I was not required to file retention of Canadian citizenship. Although that ship may have sailed in 2004?

http://www.americanlaw.com/canadiancitizenshipbirthabroad.html this is what I read. I read the entire thing multiple times and I waffle back and forth as to whether or not I will be able to gain Citizenship by apllying for it. Love to hear your thoughts Thank you. Dave.

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Permalink Reply by Antoine Gerald Beaudoin on February 28, 2012 at 11:49pm

Regrettably, as a 2nd generation, you are only Canadian citizen if your father was recognized as Canadian on the day of your birth - before C-37. If your father is only now recognized "retroactively," this indeed (now) makes him a Canadian on the day you were born. ...But C-37 then specifically identifies his children born abroad as ineligible for citizenship by descent because his citizenship is recognized a a result of C-37. (We all agree that this is convoluted and asinine. But the law is what it is.)

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Permalink Reply by Dave Harnish on February 28, 2012 at 11:55pm

ok thank you for the reply

Permalink Reply by Robert ADDINGTON on February 29, 2012 at 3:36am

I agree.

Permalink Reply by Dave Harnish on March 22, 2012 at 11:40pm

Hi Frank, I am sure you have noticed that the CIC interactive questionaire has been updated recently. It also has more clear information as to what the question they are asking means. Now when I fill out the questionaire I am allowed to count my father who has gained Canadian Citizenship by way of C-37, provided I was born before 2009. Had I registered my birth by 2004 I would be Canadian.

Just want to point out that no second generation born abroad is not quite accurate. Although apparently registering births and filing retentions if needed are a must. I hope this can help someone else out in the future.

As c-37 was written it even has a clause:

According to Clause 3(1)(g) of the Current Act, a person is a citizen if the person was born outside Canada before February 15, 1977, to a parent who was a citizen at the time of the birth and the person did not, before April 17, 2009, become a citizen.

But apparently CIC says:

according to Chapter 9 of the Citizenship Processing Manual, which is published by Citizenship and Immigration Canada ("CIC"), Clause 3(1)(g) is only applicable to the first generation born outside Canada.

So as you told me, that is how the law is being interpretted by the CIC.

I thank you Frank and Robert for your time and help, You guys really know your stuff and the information you give people is invaluable.

Thanks again