Yet Another "Am I a Canadian?" Question

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Permalink Reply by Joe S. on January 16, 2012 at 7:44am

Hmm, since Canadian citizenship didn't really exist before 1947, your father was actually a British citizen.  Not living in Canada after 1947 probably means that he never really acquired Canadian citizenship, the way I understand it.  However, others here with more knowledge of the ins and outs of the citizenship laws can provide more details/information on this.

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Permalink Reply by Frank Compton on January 16, 2012 at 10:31am

Your father was a British subject at birth and if he never took U.S. citizenship, then you were also a British subject at birth.  In 1947, you both became Canadian citizens.  The fact that you were born into U.S. citizenship and recently took Australian citizenship does not affect your Canadian citizenship. 

I think you should be able to get a record of your father's birth.  I was able to get my grandfather's birth certificate and he was born in southwestern Ontario in 1889. 

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Permalink Reply by Frank Compton on January 16, 2012 at 11:45am

I see that your father was apparently born in Chatham:

https://familysearch.org/pal:/MM9.1.1/F2T8-YV2

Here is information on acquiring birth records as far back as 1869:

http://www.chatham-kent.ca/community+services/library/genealogy/Bir...

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Permalink Reply by Robert ADDINGTON on January 17, 2012 at 12:02pm

I agree. Can you explain to Ernest in more detail how you were able to get your grandfather's birth certificate?

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Permalink Reply by Frank Compton on January 17, 2012 at 4:22pm

Well, when I got my grandfather's birth certificate, it was less than 95 years since its occurrence (i.e. before 1984).  I simply applied to the Registrar General of Ontario and it was sent to me.  Of course, things have changed since then in that older records have been sent to the Archives of Ontario, and there is more security relating to who can receive a birth certificate.

I was simply pointing out that there are civil records (not just church records) going back to 1903 and before.  

 

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Permalink Reply by Robert ADDINGTON on January 17, 2012 at 5:35pm

Right. And only a civil birth certificate is acceptable as proof of citizenship.

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Permalink Reply by Ernest Tickner on May 4, 2012 at 7:27pm

Thanks for all the good info!  I haven't posted for awhile because I was waiting until a trip to the US to pursue this further.  I'm here now, at least for 1 1/2 months.  I have my birth certificate, which does identify my father's place of birth as Canada.  Since he was born in 1903, I had to go to the Archives of Ontario for his birth certificate.  Actually it was easier than I though.  No proof of my parentage or his death certificate...just $28.50.  I guess it's easier because it's considered pretty much public records after that many years.

 

I just talked to a lady from the Consulate General in L.A.  She was very nice, but didn't seem too knowledgeable.  She didn't think I had a claim to citizenship because I was born before 1947, despite the fact that the CIT 0001 application specifically mentions applicants born outside Canada before 1947.

So, before I submit the application, I want to get it right, so it doesn't get bounced back.  So, I'd appreciate it you all could clarify a few points.

1.  Do I only need my birth certificate, my father's birth certificate, the 2 photos, the notarized copy of my IDs, and the fee?  Or do I also need my parents marriage certificate?  The govt. website says to include it "if applicable."  Not really sure what they mean by "if applicable."  I wouldn't think so, as my father's birth is the basis for my claim.  My mother has no claim, as she was born in the US, and lived her entire life there.

2.  My father, although living most of his life in the US, never took out American citizenship.  But how do I prove it?  I remember as a child that he had to go to the Post Office every January, and register as a resident alien.  But that isn't proof.  He died in 1961, so I don't have any copies of his Green Card.  And I doubt that the US govt. would release info on resident aliens, if in fact that they still have those records.  It's easy to prove citizenship, but how does one prove non-citizenship?  If he had taken out American citizenship, would Canada have been notified, as I don't think either Canada or the US recognized dual citizenship at that time.

Thanks for all your help so far!  And thanks in advance for any further suggestions you can make!

 

 

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Permalink Reply by Frank Compton on May 4, 2012 at 8:41pm

The woman from the consulate was incorrect.  You are a Canadian citizen if you were born in wedlock outside Canada to a Canadian-born father.   Use the interactive questionnaire for confirmation:

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

1) In order to claim citizenship through your father, you have to have been born "in wedlock".  Therefore, you will need to demonstrate that your parents were married at the time of your birth.  This can be done with a marriage certificate.

2) The application doesn't require that you include proof of your father's status in the U.S.  You would simply indicate on the form that your father never became a citizen of any other country.  I believe that CIC will ordinarily take a person's word on that point, unless they indicate doubt or confusion.

In the event that CIC decides to ask you to prove your father's lack of U.S. citizenship, you can write to the U.S. Citizen & Immigration Service for your father's records.  This can be done by making a Freedom of Information Act request.  See here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f6...

Since making a FOIA request is free, you may want to do it now, so that if CIC does ask for proof, you will have the information at hand.  However, I wouldn't recommend delaying your citizenship application for it.

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Permalink Reply by Frank Compton on May 5, 2012 at 11:37am

Looking at the instructions, I see this:

"If you were born outside Canada to a Canadian parent before January 1, 1947, then send the following supporting documents:

• A birth certificate which lists your parents (issued by responsible government authorities in the country where you were born)
• Proof that your natural father (or your natural mother, if your parents were not married before your birth) was a Canadian citizen when you were born, i.e. your parent’s provincial or territorial birth certificate, naturalization certificate or Canadian citizenship certificate
• Your parent’s marriage certificate, if applicable
• Two (2) pieces of personal identification, such as a driver’s licence and a health insurance card, one of which must have your photo on it.
• Other documents, such as a marriage certificate/divorce certificate and/or a legal name change certificate (if applicable)"

The "if applicable" part referring to your parents' marriage certificate means that you should include it if you are basing your claim on your father, which you are.  If you were basing it on your mother being Canadian and she was not married at the time of your birth, there would be no certificate to send.  Therefore, it wouldn't be applicable.

You do not need to include your own marriage cerificate, just your birth certificate.

The correct title of the U.S. agency holding immigration/naturalization records is U.S. Citizenship and Immigration Services, formerly (before 2002) called the Immigration and Naturalization Service (INS). 

By the way, if you have your father's death certificate, there's a possibility (probably small, based on the year) that it may indicate his citizenship status.         

 

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