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Buffalo Bill

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  1. ================================= Perhaps, I wasn't clear. In 1960, my father decided I should obtain my US citizenship. When we went to apply, we learned that under US law I became a US citizen on the date of my mother's death. She never became a US citizen. I just provided a picture, and citizenship papers were returned to me indicating my citizenship date was the date of her death. My case is a bit different than yours because I was born before 1947.
  2. You're right. Just thought someone may know. Canadians seem to be much more informed about the country's poilcies than US citizens.
  3. - I was born in Toronto in August of 1946 of two Canadian born parents. (third generation Canadians) - My family moved to the states in 1950 and my father became a US citizen in 1955. - My mother died in the states in 1960, when I was 14 years old. - I was declared a US citizen in 1960 based on my father's US citizenship. My question is: Am I still a Canadian citizen??? I'm attaching a synopsis of the 1947 Canadian Citizenship Act which "implies", because I was born prior to 1947, that my situation doesn't fall under the Act. Since I never renounced my Canadian citizenship ... it looks to me like I am a Canadian citizen. Anyone know for sure what my citizenship status is? Canada’s First Citizenship Act 1947 Citizenship Act legally defines what it means to be a Canadian. In 1946, the Government of Canada passed its first citizenship legislation, which came into effect on January 1, 1947. Prior to 1947, Canadian citizens, per se, did not exist. Instead, all persons born in Canada were considered to be British subjects. In this way, those who moved to Canada from Great Britain (or other Commonwealth countries) were already considered British subjects upon arriving in Canada, while individuals from non-Commonwealth countries were governed by legislation such as the Naturalization Act of 1914 (naturalization was a process that all non-British subjects had to go through before they could have the identical rights, such as the right to vote, enjoyed by Canadian nationals. The requirements of naturalization included that an individual reside in Canada for at least five years and be of “good character”). Canada was the first Commonwealth country to establish a citizenship separate from Britain. The rationale for taking this course of action included promoting a greater sense of national identity, and putting immigrants on an equal legal footing with those born in Canada. The Citizenship Act of 1947 accomplished a number of objectives, including: defining who was automatically considered to be a Canadian citizen; establishing criteria for immigrants to acquire citizenship (immigrants could apply to become Canadian citizens after they had resided in Canada for five years and had reached the age of 21); outlining the conditions under which Canadian citizens would lose their citizenship; and, providing men and women equal citizenship status. Under the new legislation, a woman would not automatically lose her Canadian citizenship upon marrying a citizen from another country. Despite the substantial changes associated with this new legislation, individuals who did not automatically become Canadian citizens when the legislation was enacted did not lose any rights they had enjoyed previously. The legislation, however, had a number of shortcomings. Problems with the legislation It gave special treatment to British subjects. Unlike immigrants from non-Commonwealth countries, British subjects did not have to take the oath of allegiance or participate in a formal swearing in ceremonies in order to attain Canadian citizenship. Excusing British subjects in this fashion was a compromise, designed to appease members of the public who felt that it unfair to make British subjects wait five years before they could apply for Canadian citizenship. Dissatisfaction with the different rules for British subjects increased during the 1960s, as the percentage of non-British immigrants rose significantly. It did not permit dual/multiple citizenships. Canadians who chose to become citizens of another country had to renounce their Canadian citizenship. This was not all that unusual. Today, many countries still do not permit individuals to have dual or multiple citizenships, or only allow individuals to maintain dual citizenship until they reach a certain age (at which time they must choose which country’s citizenship they wish to keep). However, this created problems for a group of individuals who, unknowingly, lost their Canadian citizenship as children. Under the terms of the 1947 Citizenship Act, although born in Canada, children automatically lost their Canadian citizenship if the “responsible parent” (usually the father) lost his Canadian citizenship when s/he emigrated to another country. The decision to move and take up residence in another country was frequently driven by financial considerations; in many cases the “responsible parent” was the only member of the family to leave Canada, doing so in order to find work. In other cases the family returned to Canada after only a few years, at which time the “responsible parent” took steps to regain his/her Canadian citizenship. Unfortunately, the family frequently remained unaware of the need to regain Canadian citizenship for the children as well. The 1977 Citizenship Act endeavoured to correct this flaw in the original legislation. From 1977 onwards children would not, under similar conditions, lose their Canadian citizenship. However, since the legislation was not retroactive, it had no impact on the legal status of children, born between 1947 and 1977, who lost their Canadian citizenship in this manner. These individuals, dubbed the “Lost Canadians” by the media, frequently remained unaware of their citizenship status until they applied for government services where Canadian citizenship is required (such as social assistance or a pension). While free to remedy the situation by applying for Canadian citizenship, they would need to follow the procedure for resumption of citizenship outlined in section 11 (1)(d) of the 1977 Citizenship Act. This section states that former citizens must live in Canada as a permanent resident, for one year, before applying to resume their Canadian citizenship. (Permanent resident status is the legal status given to individuals when they first immigrate to Canada ). Throughout the duration of their permanent resident status, the “Lost Canadians” would remain ineligible for benefits normally available to Canadian citizens. Over time, the cause of the “Lost Canadians” was taken up by Conservative party members, particularly MP John Reynolds and Senator Noel Kinsella. As a result, in May 2005, the House of Commons unanimously passed legislation correcting this flaw in the 1947 Citizenship Act. Originally introduced in the Senate, Bill S-2, An Act to amend the Citizenship Act, exempts these individuals from the need to live in Canada as a permanent resident for one year prior to applying for Canadian citizenship. Individuals also lost their citizenship for other reasons, such as serving in a foreign military. In the years that followed, it was determined that the parameters governing the revocation of Canadian citizenship were far too broad.
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