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Doctore Posts: 2
Posted On: 11/9/2020
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Hello,
My father was a Canadian citizen at the time of my birth. He left my mum and I that same time in Nigeria, and went back to Canada. Currently he stays in the United States. He has refused filing for me. I want to know if I could claim my Canadian heritage without his support? Thanks
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Moderator Moderator Posts: 4142
Posted On: 12/9/2020
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Hello,
Thank you for sharing your situation and question with us. We understand your interest in wanting to assess your options in this situation.
Although we will be providing you with some information regarding your options that we hope you will find helpful, we strongly suggest that you speak to a registered immigration consultant or an immigration lawyer for additional information regarding your situation before you start any application processes.
You are indeed likely already a Canadian Citizen because of the fact that you have one parent who is a Canadian Citizen, but in order to prove this, you can apply for a citizenship certificate, which is the formal way to officially find out if you are a citizen. If you go to the Immigration, Refugees and Citizenship Canada (IRCC) website and specifically take a look at the page entitled Guide for Paper Applications for a Citizenship Certificate for Adults and Minors (Proof of Citizenship) under Section 3 (CIT 0001), you will find an explanation of the step by step process you will need to take in order to apply for a citizenship certificate.
The process includes gathering your documents, all of which are listed in the documents checklist PDF on the IRCC site. In this PDF, it explains which documents are necessary for someone in your situation under the heading SCENARIO 3. In this section, it is explained that an individual born outside of Canada to a Canadian parent seeking a Canadian citizenship certificate will need to provide the following documents:
- Your country specific birth certificate displaying the name of your Canadian parent(s), issued by the appropriate government authority in the country where you were born
- Proof that at least one of your parents (legal parent at birth or biological parent) is a Canadian citizen, such as:
- Parent's provincial/territorial birth certificate, or
- Parent's Canadian citizenship/naturalization certificate, or
- Parent's Certificate of Registration of Birth Abroad (RBA) or Certificate of Retention of Canadian Citizenship
- Parent's British naturalization certificate, issued in Canada or Newfoundland and Labrador
- Any other evidence that your parent is a Canadian citizen, such as those described in Scenarios 4 and 5 below
- Proof of other nationalities acquired by you and your Canadian parent before February 15, 1977, if applicable to you
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So in answer to your question, as long as you are not a minor, your father will not have to file anything for you as you will be applying for yourself. However, as per the specifications laid out in the documents checklist PDF, you will need to acquire certain documentation as proof of his Canadian citizen status in order to receive your own citizenship certificate.
If your father does not wish to provide you with his proof of citizenship himself, you could instead request a search of the Canadian citizenship records; however, he would still need to sign and date section 4B of the application package in order for his personal information to be released to you.
As a note, if you do decide to or are able to pursue a citizenship certificate and you are still living in Nigeria, the location where you will be required to submit your completed application is the Canadian embassy, high commission or consulate that serves your area.
Again, we strongly suggest that you speak to a registered immigration consultant or an immigration lawyer about your options before you start any applications or make any large decisions regarding your situation.
We hope that this information will be of use to you. Please let us know if you have further questions.
Sincerely,
Your Settlement.Org Team
This response was prepared with the assistance of PBSC law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. This response does not contain legal advice. If you require legal advice, please consult with a lawyer.
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Lahbib70 Posts: 62
Posted On: 12/10/2020
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Doctore wrote:
Hello,
My father was a Canadian citizen at the time of my birth. He left my mum and I that same time in Nigeria, and went back to Canada. Currently he stays in the United States. He has refused filing for me. I want to know if I could claim my Canadian heritage without his support? Thanks
Hello,
In addition to what it was already said, here is a link that will probably help you in finding a response to your question:
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html
Thank you.
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Simon123 Posts: 4
Posted On: 12/11/2020
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Current processing times for the Canadian government for proof of citizenship typically range from about five months to a year, depending on the complexity of your application.
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Moderator Moderator Posts: 4142
Posted On: 12/14/2020
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Thank you Lahbib70 and Simon123 for this very helpful information, it is always good to hear from community members!
In addition to Simon123's point, you may wish to use IRCC's tool to check processing times. Be sure to check your application status for updates specific to your application, and if you have any questions you may wish to contact IRCC's Client Support Centre (if you are inside Canada) or use the Web form to contact IRCC.
We hope this information is helpful.
Sincerely,
Your Settlement.Org team
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Doctore Posts: 2
Posted On: 1/21/2021
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Thanks for the vital information,this is so helpful.
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Moderator Moderator Posts: 4142
Posted On: 1/21/2021
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Hi Doctore,
We are happy to help and very glad you found this information helpful. Please feel free to share if you ever have more questions.
Sincerely,
Your Settlement.Org team
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