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Citizenship tests, timelines, oaths, eligibility, application process, requirements

Citizenship by Heritage 

ForumUser
ForumUser
Posts: 525


Posted On: 10/13/2021
ForumUser
ForumUser
Posts: 525
Hi, my husband’s mother is a dual citizen of Canada the France. Can my husband become a citizen of Canada as an adult because his mother is a citizen? Do we need her information? Does it matter if she was born in Canada? Can my kids and/or I also become Canadian citizens?
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PMM
PMM
Posts: 648


Posted On: 10/13/2021
PMM
PMM
Posts: 648
Hi


ForumUser wrote:
Hi, my husband’s mother is a dual citizen of Canada the France. Can my husband become a citizen of Canada as an adult because his mother is a citizen? Do we need her information? Does it matter if she was born in Canada? Can my kids and/or I also become Canadian citizens?



1, It depends on how his mother obtained her citizenship. If she was born in Canada, then he could apply for proof of citizenship as the first generation born abroad. Neither you nor your children would be eligible for citizenship. As you don't have a connection to Canadian citizenship and your children would be the 2nd generation born abroad, so would not be eligible.
2. If his mother obtained her Canadian citizenship through naturalization prior to his birth, then he would be eligible, if it was after his birth, then he would not be eligible.

3. If his mother obtained her citizenship through descent (i.e. one of her parents was a Canadian citizen when she was born abroad) then he would not be eligible.
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Moderator
Moderator
Moderator
Posts: 3646


Posted On: 10/21/2021
Moderator
Moderator
Moderator
Posts: 3646
Hi there,

Thank you for reaching out! We are happy to try to answer your question.

Under Canadian Nationality Law, if your husband’s mother was a Canadian citizen, either born in Canada or naturalized, at the time of your husband’s birth on or after February 15, 1977, then he is a Canadian citizen. He is able to inherit his citizenship by applying here.

You would need information from your husband’s mother in order to complete the application. As per CIT 0001, you will need a good amount of the citizen’s information such as; name, country and date of birth, birth certification if applicable, citizenship certificate number, date they entered Canada.

Due to amendments made to the Citizenship Act, inheritance of citizenship by descent is now limited to the first generation if born after April 17, 2009. Therefore, since your kids are the grandchildren of your husband’s Canadian mom, they are considered second generation. If you and your husband’s children are born after April 17, 2009, they are not automatically Canadian citizens.

As the spouse, you cannot marry into a citizenship and thus you must go through the regular application process. You can click here to find out if you satisfy the eligibility requirements.

However, as a Canadian citizen, your husband can sponsor you, as his spouse, and the children, if under the age of 22, to become sponsored permanent residents. This will fulfill one of the requirements needed to apply for citizenship.

We hope this information is helpful, please let us know if you have further questions.

Sincerely,


Your Settlement.Org team

Disclaimer:

This document does not contain legal advice.

This document was prepared with the assistance of PBSC Western University 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. If you require legal advice, please consult with a lawyer.
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