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Advice regarding Citizenship (June, 2015)
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Halcrow Posts: 3
Posted On: 7/15/2015
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I would greatly appreciate if you can provide advice regarding my application for a citizenship certificate “proof of citizenship” under section 3 of the Citizenship Act.
My Father was granted his Canadian citizenship by descent in 2013 through my Grandfather as a result of the April, 2009 amendments to the Citizenship Act which granted Canadian Citizenship to “Lost Canadian” that were born outside Canada before 1947.
My understanding is that June,2015 amendments granted Canadian citizenship to Lost Canadians born before 1947, and their 1st generation children born abroad, and once I have received my permanent residency status in 2014, I have applied for a “proof of citizenship” in the hope that the June,2015 changes to the Citizenship Act would come into effect and would grant me Citizenship as a 1st generation children born abroad.
The response I have received from the CIC begins by addressing that I am the applicant and the following paragraphs discussed the case of a “Child” who is identified as a second generation born outside Canada and would only be eligible for the citizenship if his grandparent was a crown servant ( which is unfortunately not the case for my grandfather) as per subsection 3(3) to the Citizenship Act.
Taking into consideration the above, Could you please advise if I would I be considered as a First or Second Generation born abroad?. And would not the June, 2015 changes to the Citizenship Act provide me the right to be granted the Canadian Citizenship?.
You guidance in this matter is greatly appreciated.
Max
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MelM Posts: 226
Posted On: 7/15/2015
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The "Lost Canadian" rule only applies to the first generation born abroad. Since you are second generation - you are not eligible for citizenship under this rule. You will have to qualify for citizenship via the regular process - you'll have to live in Canada for 4 years out of 6 years before you will qualify to apply.
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Halcrow Posts: 3
Posted On: 7/20/2015
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Thanks MelM for your reply. When you refer to qulaify for citizenship via the regular process, does that mean to apply for a grant of citizenship under subsection 5(5) of the Citizenship Act?.
Many Thanks
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MelM Posts: 226
Posted On: 7/20/2015
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No - section 5(1)
5. (1) The Minister shall grant citizenship to any person who
(a) makes application for citizenship;
(b) is eighteen years of age or over;
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,
(i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,
(ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and
(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;
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MelM Posts: 226
Posted On: 7/20/2015
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And just to be clear, you would follow this process to apply:
http://www.cic.gc.ca/english/citizenship/become.asp
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Halcrow Posts: 3
Posted On: 7/21/2015
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Thanks Melm. Greatly appriciated
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