Immigration Forum / Canada / January 2006

The father has to do nothing. The son is Canadian by descent, at the time
of birth. The father simply has to notify the Canadian Consulate and fill
out some paperwork and the son should get his birth registered and a shiny
new passport without trouble.

Yes, the father remains Canadian until he actively renounces his citizenship.

    --ravi.

"Steven C" wrote:

   > My uncle is a Canadian born, now a naturalized American.
   > He had a son in the United States to an American mother;
   > the son is obviously American, and a minor under the age
   > of 16.  What right does the father have to petition the
   > son to hold Canadian citizenship?  The father has a
   > Canadian tie for life, does he not?

Assuming Steven's uncle became a US citizen on or after 15 February
1977, then (1) he is still a Canadian citizen, and (2) his son is
also a Canadian citizen.

Under Canada's current (1977) Citizenship Act, foreign naturalization
has absolutely no effect on Canadian citizenship, and any child born
to a Canadian parent anywhere in the world is automatically a Canadian
citizen from birth.

If Steven's uncle became a US citizen before 15 Feb. 1977, however,
then the situation is totally different.  In this case, (1) he would
have lost his Canadian citizenship when he acquired US citizenship,
and (2) his child would not have any claim to Canadian citizenship
because his father would no longer have been Canadian after his US
naturalization.  So the timing of the man's US naturalization is a
crucial factor here.

Assuming the child has Canadian citizenship by birth, his father
should contact Citizenship and Immigration Canada and apply for his
son to get a "Certificate of Canadian Citizenship" (commonly known
as a "citizenship card").  More information on how to do this can be
found at:  http://www.cic.gc.ca/english/citizen/certificate-info.html

The father should be prepared to show evidence that his US natural-
ization occurred on or after 15 Feb. 1977, since naturalization prior
to that date would have been covered by Canada's pre-1977 citizenship
law (which, unlike the current law, was extremely unfriendly toward
dual citizenship).

Note that applying for a citizenship card for the child does =NOT=
mean that the parent is applying for the child to be Canadian.  The
child's Canadian citizenship is a fact, irrespective of whether or
not the parents want it, don't want it, or even would prefer to
renounce it on the child's behalf (which, BTW, they cannot do).
However, applying for a citizenship card is important because this
is the only way the Canadian government will become aware that the
child exists and is a Canadian citizen.

Also, documenting a US-born child's Canadian citizenship will have
no effect at all on the child's US citizenship.

Rich Wales            richw@richw.org            http://www.richw.org
*NOTE:  I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER:  I am not a lawyer, professional immigration consultant,
or consular officer.  My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.

It depends on when your uncle naturalized in the United States.
If your uncle became a US citizen BEFORE Feb 15, 1977, then
he would have lost his Canadian citizenship at that time.  In that
circumstance, your cousin would have no claim to Canadian
citizenship since your uncle would not have been a Canadian when
your cousin was born.

On the other hand, if your uncle naturalized in the US on or after
Feb 15, 1977, then he would still be a Canadian citizen today,
since Canadian nationality law was changed at that time, and
taking another citizenship would no longer cause loss of
Canadian citizenship.  If this is the case, then your uncle is
still a Canadian citizen AND your cousin is also a Canadian
citizen.  His father would not have to petition for your cousin
to hold Canadian citizenship, your cousin would already have it.
What your uncle would have to do is to apply for a Certificate of
Canadian Citizenship for your cousin, which is the documentary
proof that your cousin is a Canadian.  

Stephen Gallagher