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  Canada Immigration Forum > Immigration & Citizenship > Citizenship > Help with Application for Citizen Certificate Section 8
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Help with Application for Citizen Certificate Section 8




Background: I am tying to apply for my Canadian Citizen Certificate. I was born in the USA in 1987, but my father is Canadian. His parents are Canadian by birth, but he was born while his parents were living abroad in Brazil. He has proof of Canadian citizenship through a Certificate of Birth Abroad. His family moved from Brazil to Jamaica when he was a baby and then to the United States when he was in high school. He never lived in Canada until 1985 and was there only a short time. My parents moved back to the Untied States before my birth in 1987 (my mother is a US Citizen). I have never lived in Canada, but I am interested in moving there. I have checked all of the citizenship rules, and based on my birthday (1987), I do qualify as a Canadian citizen... I just need to get my certificate as proof.

Questions: I am trying to fill out form CIT 0001 (04-2016) E but I got stuck on the below questions in section 8 (information about my father).

1. The form asks for a "Canadian Certificate Number." Am I correct in assuming this is a number on the Canadian Citizenship Certificate, which my dad does not have because he has proof of citizenship through his registration of birth abroad? Do I leave this number blank? I am including a certified copy of his Certificate of Birth Abroad with my application.

2. In the question "Did this parent leave Canada for more than 1 year before 1977?" what do I say? Technically he didn't "leave" Canada because he wasn't in Canada before 1977 to leave. The question has a follow up section to answer what countries and for what dates the person lived outside of Canada. So, I assume the question more cares about where the person was living rather than the technicality of the word "leave." I am guessing I should say "Yes" and fill out the countries where he lived?

3. For the question "Is or was this person a citizen of a country other than Canada?" I know my answer is "yes," but I am conflicted with what citizenship to list.

My dad was born in Brazil (in 1961) and his parents immediately applied and received his Certificate of Birth Abroad from Canada (making him an official Canadian citizen). Brazil would recognize him as a citizen, but at that time (before 1977), Canada only recognized citizenship to one country (meaning he would have only been a Canadian citizen in their eyes). It wasn't until 2009 that Canada changed the rules and recognized the dual citizenship for people born between 1947 and 1977. Since I was born before they recognized his dual citizenship (which he has never tried to claim) do I need to list Brazil as a place he had/has citizenship?

Also, in 2003 my dad became a Naturalized US citizen. I am listing this, but it was after my birth so it would not impact my claim to Canadian citizenship. The little box for this question only has so much space, so I don;t know what to say about the possible Brazilian citizenship.

Thanks in advanced for any help with these questions! Filling out this form has been pretty frustrating and the online "help" for the form on the government website is completely useless for questions like this. I really wish my parents had just applied for my proof of Canadian citizenship when I was born... would have made things so much easier.


 
2coastgirl

Junior Desi
Member since: Mar 17
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Post ID: 234131 03-03-17 13:21:43
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Full House
Senior Desi
Member since: Oct 12




Posts: 2250
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You please go through this section given below once more. According to them, if your (Parents) Father was born "A Canadian by birth, while in Brazil", they then have registered the same, and since you have a copy, HE IS BY RIGHTS IS A CANADIAN CITIZEN. ( See Background on Birth outside Canada)

If you remember or have the address at which he lived in Canada and with any proof of that, then, please have it ready and available. (That is where the Passport entry enters into the picture. It also calls for the Passport with which he traveled into Canada, when he crossed at that time. ) Also he must have the registration of his birth that is available to you for verification NOW.
(But you were born in a period after 1977 and so it should not matter)
----
FACTS..: Brazil, USA and CANADA permit you to have DUAL/Multiple Citizenship. So, it is O.K. for you to say what the citizenship they hold/ or your Parents DO CARRY Now or carried before. Declare where ever they ask for the details in the Questionnaire. If there is no space, please add a separate sheet to explain the same. Identify the sheet number along side. Also mark on the plain paper sheer the same number and attach it to the application. (PLEASE DO SAVE AN EXACT XEROX COPY FOR YOUR FILES) Please see EDIT:

IF YOU HAVE ACCESS to their Passports, Please do get the number and the entries in them from your Parents Passports to submit to the Canadian Immigration people also. Also, do you have the Passports of his Parents too, for proofs?

When they ask you for his Citizenship certificate Number, which you do not have, please state in a separate page the details as to why he does not have it. BUT do provide to them the Birth Registration Certificate Copy with its number. They will have to now accept that as their recognition of the same. Because that bestows upon him a Canadian Citizenship. (Now to the question, when and where was he born in Brazil??) These names and places with dates, all of them should match exactly as needed by them. If it needs a translation of the same, then they need to get it done by a CERTIFIED translator with his credentials and copies to attach to the translation. That is a MUST.

Now the Next Question is..: DID HE REGISTER YOU AFTER YOU WERE BORN. If not it might call for the same before you can lay a claim to Canadian Citizenship. Take a look at that situation also. Get that started as soon as you can.

FIRST Establish his citizenship. Start the process NOW.

Then go for yours after that. It might take an year (or TWO) to get it all done.
Check for the times for processing. "Citizenship" Granting of, Not applied as yet..
When you want your Citizenship, you will have to prove your knowledge in English/French as required by them. Be prepared to get that in line also.

Please do not mix these two steps. Go one thing at a time. All of this could be gotten in an year, if you furnish PROOF's with the applications simultaneously.

There is no problem in establishing your Father's Citizenship, because he HAS traveled on a PASSPORT that was issued to him, which I am sure it was a BRAZILIAN one, to get out of Brazil. Provide the proof and have his Birth Certificate also. He entered Canada with it. We have his records on file here. (Then the US Citizenship, after naturalization.)

FH.
Then comes the next question, YOUR CHILDREN's status too. They now get into the third generation columns. Check for that later.
--
Background on birth outside Canada
From January 1, 1947 to February 14, 1977, children born outside Canada acquired citizenship only if their birth was registered within two years and they were born in wedlock to a Canadian father or out of wedlock to a Canadian mother. Adopted children, children born in wedlock to Canadian mothers and children born out of wedlock to Canadian fathers had no right to citizenship.

Under the Citizenship Act (1977), children born outside Canada on or after February 15, 1977 derive citizenship through either citizen parent and are citizens regardless of the parent's marital status at the time of the child's birth. Registration of birth outside Canada is not required. However, the 1977 Act does not allow adopted children to derive citizenship through the Canadian parent.

Transition clauses in 1977 Act
Two temporary provisions were part of the 1977 Act. One allowed persons who were not registered before February 15, 1977 to register (subsection 4(3)). The second provided for a facilitated grant of citizenship for children born in wedlock to Canadian mothers (paragraph 5(2)(b)). After May 17, 2004, after a Federal Court decision, paragraph 5(2)(b) also applied to children born between January 1, 1947 and February 14, 1977, out of wedlock to Canadian fathers.

The transition clauses expired on August 14, 2004.

Delayed registration of birth under Subsection 4(3)

Canadian Citizenship Act, 1947

Paragraph 5(1)(b)
Subsection 5(2)
Citizenship Act, 1977

Paragraph 3(1)(e)
Subsection 4(3)
Persons eligible to be registered whose births were not registered before February 15, 1977 were able to apply for a delayed registration of birth outside Canada until August 14, 2004. Persons who were registered as citizens under subsection 4(3) are considered citizens by birth and citizenship is retroactive to birth. Children born outside Canada to a person registered under subsection 4(3) are considered to be the second generation born outside Canada and are subject to loss under section 8 of the Act.

Facilitated grant of citizenship under Paragraph 5(2)(b)

Persons born outside Canada between January 1, 1947 and February 14, 1977 in wedlock to a Canadian mother were able to apply for a grant of citizenship under paragraph 5(2)(b) until August 14, 2004. Between May 17, 2004 and August 14, 2004, persons born out of wedlock to Canadian fathers were also eligible to apply for this grant. The grant was not retroactive to birth but became effective on the date the application was approved (see Grant of Citizenship 5(2)(b)).

Children born outside Canada after the parent is granted under 5(2)(b) are considered to be the first generation born outside Canada and not subject to loss under section 8 of the Act. Children born outside Canada before the parent is granted under 5(2)(b) are not citizens.

Who is subject to section 8 of the Citizenship Act (1977)?
Children born outside Canada in the first generation are not subject to loss under section 8. Children born outside Canada in the second or subsequent generations must take steps to retain citizenship before their 28th birthday.

Section 8 defines the second generation as a person who was born outside Canada on or after February 15, 1977 to a parent who:

was born outside Canada between January 1, 1947 and February 14, 1977 and registered as a citizen on or after February 15, 1977, or
was born outside Canada on or after February 15, 1977.
The list below illustrates who is and who is not subject to loss by birth outside Canada in the second generation.


FH.
http://www.cic.gc.ca/english/resources/tools/cit/acquisition/retention.asp
http://www.cic.gc.ca/english/resources/tools/cit/legal.asp
http://www.cic.gc.ca/english/resources/tools/cit/proof/index.asp
http://www.cic.gc.ca/english/pdf/kits/citizen/CIT0001E-2.pdf

EDIT: Canadian Citizenship Act, 1976[edit]
Citizenship law was reformed by the Canadian Citizenship Act, 1976,[13] which came into force on 15 February 1977. Canada removed restrictions on dual citizenship, and many of the provisions to acquire or lose Canadian citizenship that existed under the 1947 Act were repealed.

Under the new Act (popularly known as the "1977 Act" due to the year it came into force), Canadian citizenship is acquired by:

Link.: https://en.wikipedia.org/wiki/History_of_Canadian_nationality_law
---
Quote:
Originally posted by 2coastgirl

Background: I am tying to apply for my Canadian Citizen Certificate. I was born in the USA in 1987, but my father is Canadian. His parents are Canadian by birth, but he was born while his parents were living abroad in Brazil. He has proof of Canadian citizenship through a Certificate of Birth Abroad. His family moved from Brazil to Jamaica when he was a baby and then to the United States when he was in high school. He never lived in Canada until 1985 and was there only a short time. My parents moved back to the Untied States before my birth in 1987 (my mother is a US Citizen). I have never lived in Canada, but I am interested in moving there. I have checked all of the citizenship rules, and based on my birthday (1987), I do qualify as a Canadian citizen... I just need to get my certificate as proof.

Questions: I am trying to fill out form CIT 0001 (04-2016) E but I got stuck on the below questions in section 8 (information about my father).

1. The form asks for a "Canadian Certificate Number." Am I correct in assuming this is a number on the Canadian Citizenship Certificate, which my dad does not have because he has proof of citizenship through his registration of birth abroad? Do I leave this number blank? I am including a certified copy of his Certificate of Birth Abroad with my application.

2. In the question "Did this parent leave Canada for more than 1 year before 1977?" what do I say? Technically he didn't "leave" Canada because he wasn't in Canada before 1977 to leave. The question has a follow up section to answer what countries and for what dates the person lived outside of Canada. So, I assume the question more cares about where the person was living rather than the technicality of the word "leave." I am guessing I should say "Yes" and fill out the countries where he lived?

3. For the question "Is or was this person a citizen of a country other than Canada?" I know my answer is "yes," but I am conflicted with what citizenship to list.

My dad was born in Brazil (in 1961) and his parents immediately applied and received his Certificate of Birth Abroad from Canada (making him an official Canadian citizen). Brazil would recognize him as a citizen, but at that time (before 1977), Canada only recognized citizenship to one country (meaning he would have only been a Canadian citizen in their eyes). It wasn't until 2009 that Canada changed the rules and recognized the dual citizenship for people born between 1947 and 1977. Since I was born before they recognized his dual citizenship (which he has never tried to claim) do I need to list Brazil as a place he had/has citizenship?

Also, in 2003 my dad became a Naturalized US citizen. I am listing this, but it was after my birth so it would not impact my claim to Canadian citizenship. The little box for this question only has so much space, so I don;t know what to say about the possible Brazilian citizenship.

Thanks in advanced for any help with these questions! Filling out this form has been pretty frustrating and the online "help" for the form on the government website is completely useless for questions like this. I really wish my parents had just applied for my proof of Canadian citizenship when I was born... would have made things so much easier.





 
Last edited by: Full House on 03-03-17 19:56:04
Post ID: 234134 03-03-17 16:34:20
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