I think my dad IS a citizen and doesn't know it. How to claim his citizenship?

Replies to This Discussion

Permalink Reply by Antoine Gerald Beaudoin on October 21, 2011 at 12:33pm

All you need do is apply for the Citizenship Card (i.e. "Proof of Citizenship"):

http://www.cic.gc.ca/english/citizenship/proof-eligibility.asp

However, be aware that your grandparents (but not your father) were born British Subjects in Canada and thus became Canadian citizens on Jan 1, 1947. Your grandparents would have had to have registered your father as a British Subject after his birth (which would have removed his US citizenship status - since neither Britain nor USA recognized multiple citizenship in 1944). So, your father was born as an American citizen to parents who did not become Canadian citizens until some 3 years after his birth. Your father may not, unfortunately, have a claim to Canadian citizenship since either parent must be a "Canadian Citizen" at the time of birth - a status that did not exist in 1944.

• ▶ Reply

Permalink Reply by Lindsay Morris on October 21, 2011 at 8:38pm

Antoine, I was confused about that too!

 

However, I found a post in the People before '47 group, from Lynton (Bill) Stewart, whose father entered the US illegally in 1934 and never left. Mr. Stewart was able to claim citizenship and wrote, "People born outside of Canada (or "abroad" as the law states), prior to 1947, are Canadian citizens so long as their parent did NOT take a different citizenship before 1947." This is the case with my dad.

 

I suppose I should try to message Mr. Stewart directly to find out how he went about this! Perhaps there's something particular my dad needs to do...

• ▶ Reply

Permalink Reply by Frank Compton on October 21, 2011 at 9:29pm

If your father's father was a Canadian-born British subject in 1944 and remained one until at least 1947 (i.e. had not taken U.S. citizenship), and assuming your father's parents were married at the time of your father's birth, then your father is a Canadian citizen by way of Bill C-37.  (Without C-37, your father would simply be a former Canadian, having gained citizenship in 1947 and lost it in 1948.)

For confirmation, simply use the interactive questionnaire at:

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

All your father needs to do is apply for proof of Canadian citizenship using the link Gerry provided above. 

• ▶ Reply

Permalink Reply by Frank Compton on October 22, 2011 at 11:24am

Further to my reply, I refer you to a flow chart to determine whether a person was or was not a British subject:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter37/ch37annexa?view=Binary

As you can see, the child of a father born in one of the Crown's Dominions (e.g. Canada) was automatically a British subject. The child did not need to be registered as such, though children born abroad to Canadian fathers in wedlock (and mothers out of wedlock) between 1947 and 1977 DID have to be registered with Canadian authorities in order to acquire Canadian citizenship.

Canadian-born British subjects (and the children of male Canadians, born in wedlock/female Canadians, born out of wedlock) became Canadian citizens as of 1 January 1947.

• ▶ Reply

Permalink Reply by Lindsay Morris on October 22, 2011 at 5:32pm

Thanks so much, Frank! I think I understand it but one more question based on your post, just so I'm clear.

 

They WERE married at the time of his birth; his mother never got US citizenship, and his dad did *after* 1947. But...they never registered my dad.

Does this complicate things (since he was born in the US)?

• ▶ Reply

Permalink Reply by Lindsay Morris on October 22, 2011 at 5:43pm

Follow up: I took the quiz for him and it says he is likely a citizen! Although the one question that confuses us is when it asks if you have taken citizenship in any other country before January 1, 1947. Since he was born in 1944 in the U.S., American citizenship was automatically conferred on him. We clicked "no" because I think the question was getting at deliberate acts of applying for citizenship... but that would be the only possible hang-up!

• ▶ Reply

Permalink Reply by Frank Compton on October 22, 2011 at 9:43pm

Your father's birth didn't need to be registered, because he was born before 1947, not between 1947 and 1977. 

Yes, the question about having taken another citizenship refers to being naturalized in another citizenship, not being born into one.  There's a note to that effect at the bottom of the relevant page in the questionnaire.

By the way, when it comes to applying for a citizenship certificate from outside Canada, you don't need to go through a consulate (as stated in the instructions).  You can just send the application directly to CIC in Sydney, Nova Scotia. 

• ▶ Reply

Permalink Reply by Lindsay Morris on October 28, 2011 at 6:02pm

Thanks so much for all your advice, Frank. My dad is filling out the forms and preparing to file. I'll be sure to let him know he can send it directly to Sydney -- I think they probably are the experts, so he should go straight to them.

Wish him luck! I know he's quite grateful to you all for your advice and help in this matter.

• ▶ Reply

Permalink Reply by Robert ADDINGTON on October 22, 2011 at 8:34pm

I agree with Frank.

• ▶ Reply