Mum born in Canada, do I qualify for citizenship?

[lj269]

Hi all and thanks for helping with my query.

My mother was born in Canada in 1957 (both parents British but working in Canada) but returned to the UK when she was still young. She has a Canadian (Montreal) birth certificate but never applied for a passport.

My question is do I (born in UK in 1978) qualify for Canadian citizenship since she was born here and if so, do I just need to apply with her birth certificate?

I've looked over all the info on the cic website and this 'appears' to be the case but it sounds too good to be true - I'm actually living in Canada at the moment on a temp work visa and am have been looking into applying for PR, we presumed that by never applying for a Canadian passport she wouldn't qualify for citizenship.

Thanks in advance
Liam

[JAJ]

Were your grandparents diplomats or official guests when your mother was born? Hopefully the answer is no.

Or did your mother become a citizen of a third country before 15 February 1977. Again, probably the answer is no.

If the answer is no ... then your mother is a Canadian citizen and has never lost her citizenship.

... As you were born on or after 15 February 1977, with a Canadian born (Canadian citizen) mother, you appear to be a Canadian citizen by descent.

You should apply for a Canadian citizenship card and Canadian passport.

Have you any children? Or any children planned?

[lj269]

Thanks for the reply. My grandfather was working for a company in Montreal, not a diplomat or official guest, but they couldn't handle the cold winters so left after a couple of years. My mum has a British passport (although she did struggle getting this with a Canadian birth certificate) but she hasn't become a citizen of any other countries.

I've not read anything that has suggested I don't qualify so it sounds promising, I'm actually living with my wife in Canada at the moment but just on a temporary work permit, have been getting things together for PR application but hopefully that won't be necessary now. No children currently but hopefully they won't be too far off, I guess if they're born here then no problems but the new law will affect ones that aren't?

The one obstacle now it seems is that my mum needs to get a replacement birth certificate as it was issued by the Quebec government prior to 1994.

Thanks for the help.

[JAJ]

I've not read anything that has suggested I don't qualify so it sounds promising, I'm actually living with my wife in Canada at the moment but just on a temporary work permit, have been getting things together for PR application but hopefully that won't be necessary now. No children currently but hopefully they won't be too far off, I guess if they're born here then no problems but the new law will affect ones that aren't?

Any children you have born in Canada will be Canadian citizens regardless.

If you have children born outside Canada then under the new law, as you're Canadian by descent, they won't be Canadian unless:

- your wife has become a Canadian citizen in the meantime (she'll be Canadian otherwise than by descent); or
- you bring the children to Canada on immigrant visas and apply for them to be naturalised. The 3 year waiting time does not apply to children.

You should get your Canadian citizenship card and Canadian passport as soon as possible, because the sooner your wife switches to permanent residence, the sooner she will be eligible for Canadian citizenship.

She will get a 50% credit for legal temporary residence in Canada before PR, but they only look back 4 years so the maximum "reduction" in the 3 year waiting time (as a PR) is only 1 year.