Citizenship Question

[Buffalo Bill]

- 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.

[Guest American Woman]

If you want to know for sure, you shouldn't be asking people on a web board who may or may not be right; you should just contact the Canadian embassy in the United States.

[Higgly]

That whole business is a real mess. If you were born here, you should be a Canadian citizen unless you revoked it for some reason - say if somebody offered you a lordship, or to make you king of the jungle

[Buffalo Bill]

If you want to know for sure, you shouldn't be asking people on a web board who may or may not be right; you should just contact the Canadian embassy in the United States.

You're right.

Just thought someone may know. Canadians seem to be much more informed about the country's poilcies than US citizens.

[Guest American Woman]

You're right.

Just thought someone may know. Canadians seem to be much more informed about the country's poilcies than US citizens.

Whiile it's true that Canadians would be more informed about Canadian politics than Americans would, the Canadian embassy would be Canadians even though the embassy is in the United States. It sure sounds as if you'd still be a Canadian citizen since you were born in Canada, but they'd be able to tell you for sure.

[guyser]

Pretty sure you are considered , or can be with some paperwork, a Canadian citizen.YOu have a right to be a CDN citizen, and the lovely part is, you do not have to live here. It can be granted even though you are in the USA.

You lost it, through no fault of your own since your dad was granted American status. Apparently in May of 2005 the rules changed to allow this "unqualified right".

But no Holiday Inn express for me, best contact the Citizen office in Ottawa and get it right from the source.

[SkyhookJackson]

- 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.

My citizenship situation sounds very similar to yours. I was born in Canada in 1947 and my family moved to the USA in 1952. My father, who was a Canadian citizen, became naturalized as an American citizen in 1957. Fortunately, my mother who was born in England, but became a Canadian when she married my father, did not naturalize at the same time. If she had, I and my siblings would automatically have become American citizens. Instead, we retained our statuses as permanent resident aliens with "green cards." There is a widely-held misunderstanding about loss of Canadian citizenship between 1947 and 1977. The Canadian media have not helped in setting the record straight. The article you cited contains many errors. It was originally published by Mapleleafweb some time ago, but was removed from the main page based, I think, on my objections to its faulty contents. It is unfortunately still in circulation as an archived document. Among the many errors is the statement that if the responsible parent emigrates to another country, he automatically loses his Canadian citizenship. That is simply untrue. For a few years, I thought that I had lost my Canadian citizenship based upon this and other articles like it. I discovered the Citizenship Policy Manual online and found that since I did not become an American citizen at the same time as my father, I did not lose my Canadian citizenship. Because I thought I was "stateless," based upon faulty information, I did become a naturalized American citizen in 2003, almost against my will. In any case, I had nothing to lose because Canada has allowed dual citizenship since 1977.

You said that you were "declared" a US citizen in 1960 based upon your father's acquistion of American citizenship. I sounds like you did not become an American citizen at the same time as your father if he was naturalized in 1955 and you in 1960. Or is it that you simply learned of your new citizenship in 1960 and had actually became an American citizen in 1955 at the same time as your father? The dates are important. Did you have a green card indicating that you were still a permanent resident alien? If you became an American citizen at the same time as your father or if your parents became US citizens at the same time, you may have lost your Canadian citizenship.

[Topaz]

Your answer used to be simple but since 9/11, nothing is simple now. I do know that CKLW 800AM radio has had a lawyer on their radio shows, taking questions about this. Since Windsor, Ontario, is across the river from the US, this topic comes up 2-3x a year.

[bush_cheney2004]

Your answer used to be simple but since 9/11, nothing is simple now. I do know that CKLW 800AM radio has had a lawyer on their radio shows, taking questions about this. Since Windsor, Ontario, is across the river from the US, this topic comes up 2-3x a year.

Why? Specific to CanAm citizenship status or citizenship in general? Is it my imagination or do a sizable portion of Canadians or expats wander the planet in search of their citizenship?

[guyser]

Why? Specific to CanAm citizenship status or citizenship in general? Is it my imagination or do a sizable portion of Canadians or expats wander the planet in search of their citizenship?

Your imagination.

[bush_cheney2004]

Your imagination.

Good...because the status and complexities described herein must have taken somebody with a very good imagination.

[Guest American Woman]

My citizenship situation sounds very similar to yours. I was born in Canada in 1947 and my family moved to the USA in 1952.

Really? Interesting, considering you posted this in the Sicko thread:

Well . . . duh. I was born in the United States. I've lived in the United States my entire 58 years.

Link

Edited August 22, 2007 by American Woman

[Canuck E Stan]

Really? Interesting, considering you posted this in the Sicko thread:

Link

Well . . . duh. I was born in the United States. I've lived in the United States my entire 58 years.

I was born in Canada in 1947

That would make you 60 years old,not 58.

Maybe you age differently, when you're born in two places.

[SkyhookJackson]

Really? Interesting, considering you posted this in the Sicko thread:

Link

I knew this would happen. I told Mr. Skyhook, the CANADIAN-American who posted about the "Lost Canadians" and who was the initial poster on this board before I discovered it that he should change the user name or, at the very least, put a profile stating this: THERE ARE 2 INDIVIDUALS WHO POST FROM THE THE SAME EMAIL ADDRESS AND USE THE SAME NAME ON THE BOARD. MRS. SKYHOOK JACKSON WAS BORN IN VERMONT IN 1949. MR. SKYHOOK WAS BORN IN NOVA SCOTIA IN 1947. For the record, this is MRS. posting at the moment. I had stopped posting on this board because of the number of rude people. Further posts will be from MR. Skyhook unless otherwise noted.

[Guest American Woman]

So you've supposidly got two different people posting off of the same registration (any more people in the family using it?) without feeling the need to identify yourselves, and you have the gall to talk about others being rude?

I'm wondering if multiple use of a single registration is something that is allowed here. I'd like to know if I'm discussing something with more than one person.

Edited to add:

After posting, I realized I shouldn't have taken the thread off track with this concern (my apologies to Buffalo Bill), so I PM'd Charles Anthony about it and will not be referring to the "multiple users" issue any more in this thread.

Edited August 22, 2007 by American Woman

[SkyhookJackson]

Posting by 2 people wasn't intentional - I don't think you can put 2 user names on 1 email address. The point is, my husband has studied the issue of "Lost Canadians" for years and knows what he's talking about. It would be nice if you could forego your CIA-like investigation of my previous posts so the person with the "Lost Canadians" question can figure out his citizenship. It's a confusing issue and Mr. Skyhook has a wealth of information about it. That said, this is Mrs. Skyhook checking out and going back to friendlier boards.

[Buffalo Bill]

My citizenship situation sounds very similar to yours. I was born in Canada in 1947 and my family moved to the USA in 1952. My father, who was a Canadian citizen, became naturalized as an American citizen in 1957. Fortunately, my mother who was born in England, but became a Canadian when she married my father, did not naturalize at the same time. If she had, I and my siblings would automatically have become American citizens. Instead, we retained our statuses as permanent resident aliens with "green cards." There is a widely-held misunderstanding about loss of Canadian citizenship between 1947 and 1977. The Canadian media have not helped in setting the record straight. The article you cited contains many errors. It was originally published by Mapleleafweb some time ago, but was removed from the main page based, I think, on my objections to its faulty contents. It is unfortunately still in circulation as an archived document. Among the many errors is the statement that if the responsible parent emigrates to another country, he automatically loses his Canadian citizenship. That is simply untrue. For a few years, I thought that I had lost my Canadian citizenship based upon this and other articles like it. I discovered the Citizenship Policy Manual online and found that since I did not become an American citizen at the same time as my father, I did not lose my Canadian citizenship. Because I thought I was "stateless," based upon faulty information, I did become a naturalized American citizen in 2003, almost against my will. In any case, I had nothing to lose because Canada has allowed dual citizenship since 1977.

You said that you were "declared" a US citizen in 1960 based upon your father's acquistion of American citizenship. I sounds like you did not become an American citizen at the same time as your father if he was naturalized in 1955 and you in 1960. Or is it that you simply learned of your new citizenship in 1960 and had actually became an American citizen in 1955 at the same time as your father? The dates are important. Did you have a green card indicating that you were still a permanent resident alien? If you became an American citizen at the same time as your father or if your parents became US citizens at the same time, you may have lost your Canadian citizenship.

=================================

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.

[Guest American Woman]

Buffalo Bill,

You're wasting your time here; you really need to contact someone in the position to know the answer to your question.