Attaining Canadian Citizenship for My USC Spouse?

[Team J and B 2]

I thought I read a thread on this here on VJ before but now I'm not so sure.

I did some "light" reading in the Canadian government website half a year ago and I remember there was nothing helpful at that time.

Our situation has one thing that might work in my spouse's favor: his mother was a Canadian citizen up until early 1990s when she finally took on US citizenship. She married her USC spouse in late 1960s. I don't know if she renounced her Canadian citizenship. By the time she attained USCship, my spouse and his older sister were past the age of 21.

Last year a Canadian friend of mine told me (don't quote me, it was hearsay) that the Canadian government was considering passing a law stating as long as a Canadian citizen married to a non-Canadian and they live together for three out of five years anywhere in the world (outside of Canada) the non-Canadian spouse can get Canadian citizenship? It sounded too good to be true to me, but positive news, nonetheless.

My husband travels extensively and another point hit us: a Canadian passport is looked upon more positively than a US one in some parts of the world, it would be another advantage for him to have one.

I'm sure there are some of you looking into this as well. Hope to hear from you guys.

J of Team J and B

[Team J and B 2]

From http://www.cic.gc.ca/english/citizenship/b...eligibility.asp, the two most important criteria below:

Permanent resident status

To become a Canadian citizen, you must have permanent resident status in Canada, and that status must not be in doubt. This means you must not be the subject of an immigration investigation, an immigration inquiry or a removal order (an order from Canadian officials to leave Canada).

Time lived in Canada

To become Canadian citizens, adults must have lived in Canada for at least three years (1,095 days) in the past four years before applying. Children do not need to meet this requirement.

You may be able to count time you spent in Canada before you became a permanent resident if that time falls within the four-year period.

I think I just answered my own question.

Oh phooey...

[Kathryn41 3,205]

Actually, your husband may qualify if his mother was Canadian and was still a Canadian when he was born. If his mother wasn't Canadian born but got her citizenship later and he was born after February, 14, 1977 then he needs to act now as the law is scheduled to change next year. Here is the link to the information:

http://www.cic.gc.ca/english/citizenship/r...eligibility.asp

http://www.cic.gc.ca/english/citizenship/q...citizenship.asp

The new law scheduled to take effect in 2009 will definitely impact who is allowed to retain Canadian citizenship and who is no longer allowed to retain Canadian citizenship. This law may or may not apply to your husband. Again, you can read the information on the www.cic.gc.ca website under the sections involved with Proof of Citizenship and Retaining Citizenship.

Edited June 10, 2008 by Kathryn41

[Kathryn41 3,205]

Also, check out these links:

http://www.cic.gc.ca/english/citizenship/p...eligibility.asp

http://www.cic.gc.ca/english/information/a...ons/certif2.asp

Edited June 10, 2008 by Kathryn41

[Carlawarla 1]

B)-->

QUOTE(Team J and B @ Jun 10 2008, 01:09 AM) <{POST_SNAPBACK}>

I thought I read a thread on this here on VJ before but now I'm not so sure.

I did some "light" reading in the Canadian government website half a year ago and I remember there was nothing helpful at that time.

Our situation has one thing that might work in my spouse's favor: his mother was a Canadian citizen up until early 1990s when she finally took on US citizenship. She married her USC spouse in late 1960s. I don't know if she renounced her Canadian citizenship. By the time she attained USCship, my spouse and his older sister were past the age of 21.

Last year a Canadian friend of mine told me (don't quote me, it was hearsay) that the Canadian government was considering passing a law stating as long as a Canadian citizen married to a non-Canadian and they live together for three out of five years anywhere in the world (outside of Canada) the non-Canadian spouse can get Canadian citizenship? It sounded too good to be true to me, but positive news, nonetheless.

My husband travels extensively and another point hit us: a Canadian passport is looked upon more positively than a US one in some parts of the world, it would be another advantage for him to have one.

I'm sure there are some of you looking into this as well. Hope to hear from you guys.

J of Team J and B

Just an aside...I have to become a US Citizen because of my husband's employ. At first my husband's employ said I would have to renouce my Canadian citizenship, but then they decided I didn't have to. ANYWAY... because of this, I had to look at so many things and do some research, I did find out, that it is REALLY, REALLY hard to give up your Canadian citizenship. It's not by swearing an oath to the US, nor signing ANY papers here. You actually have to apply to the court system in Canada to renounce it. It's very complicated, and it is rarely granted. Actually, it's up to the judge to grant or not. You have to appear in court. You have to clearly state reasons and you MUST be a citizen of another country already. (You can't just be in limbo between two countries citizenship). Anyway, I don't specifically remember all the ins and outs, it's been some time now, but I will say I highly doubt his mother gave up her citizenship.

[trailmix 77]

Our situation has one thing that might work in my spouse's favor: his mother was a Canadian citizen up until early 1990s when she finally took on US citizenship. She married her USC spouse in late 1960s. I don't know if she renounced her Canadian citizenship. By the time she attained USCship, my spouse and his older sister were past the age of 21.

It might not matter if she did renounce her Canadian citizenship (chances are she didn't as it wasn't required at the time probably so why would she go through the hassle).

Last year a Canadian friend of mine told me (don't quote me, it was hearsay) that the Canadian government was considering passing a law stating as long as a Canadian citizen married to a non-Canadian and they live together for three out of five years anywhere in the world (outside of Canada) the non-Canadian spouse can get Canadian citizenship? It sounded too good to be true to me, but positive news, nonetheless.

I haven't heard anything like this. I do know that if your non-Canadian spouse already has permanent residency in Canada that they can leave the country with their Canadian citizen spouse and as long as they are living together they will still retain their PR status.

My husband travels extensively and another point hit us: a Canadian passport is looked upon more positively than a US one in some parts of the world, it would be another advantage for him to have one.

He really needs to check this out, a lot depends on whether he was born before 1977 or not, even then, it's certainly worth a phone call to give them the facts and they can then let you know how to proceed. Good luck and let us know what you find out

Edited June 10, 2008 by trailmix

[Stillness 0]

The key issues are this, when was he born? (before or after 1977) and the fact that his mother became a US citizen in the late 1960s...before the new nationality act. Before 1977 you automatically lost Canadian citizenship by becoming a citizen of another country, at the same time, from the text of the 1977 act:

"As noted, changes introduced by the 1977 Act permit dual citizenship. Before that time, Canadians who voluntarily acquired another citizenship, except by marriage, lost their Canadian citizenship."

So....except by marriage, meaning she might be exempt from having lost her Canadian citizenship... see the act text here: http://dsp-psd.pwgsc.gc.ca/Collection-R/Lo...itizenship(txt)

If she was still considered a Canadian citizen at the time of his birth, and if he was born after 1977, he is a Canadian by decent. If he was born before 1977 and his birth wasn't registered with the Canadian government, then probably not...

The long and short of it is that you will have to probably call and talk to someone to really find out.

Edit: Just noticed the original poster said the mother married in the late 60s, but did not get US citizenship til the 1990s, so what I said bears no relevance, but I'll leave it in case anyone is curious about the nationality act. All that really matters in this case will be if his birthday is before or after 1977.

Edited June 10, 2008 by Stillness

[Team J and B 2]

Great news I just received from the Canadian consulate in New York. Between now and April 2009, a new amendment will come into effect: http://www.cic.gc.ca/english/citizenship/r...citizenship.asp

Who will become a citizen

The law restores citizenship to the following individuals who lost it due to rules in previous laws:

* People who became citizens when the first citizenship act took effect on January 1, 1947, including people born in Canada prior to 1947, war brides, and other British subjects who had lived in Canada for at least five years before 1947;

* People who were born in Canada or became a Canadian citizen on or after January 1, 1947, and who then lost citizenship; and

* People who were born outside Canada, on or after January 1, 1947, in the first generation born abroad, to a parent who was a Canadian citizen at the time of the birth.

The law gives citizenship to the following individuals who have never been citizens:

* People who did not take the steps necessary to become a citizen and who were born outside Canada on or after January 1, 1947, in the first generation born abroad to a parent who was a Canadian citizen at the time of the birth

So we'll be checking with CIC between now and no later than April 19, 2009 to see if the amendment has taken place.

This is really great news!

My hubby's mother never renounced her Canadian citizenship, most of you were correct.

Edited June 12, 2008 by Team J and B

[Stillness 0]

B)-->

QUOTE(Team J and B @ Jun 12 2008, 12:53 PM) <{POST_SNAPBACK}>

So we'll be checking with CIC between now and no later than April 19, 2009 to see if the amendment has taken place.

This is really great news!

My hubby's mother never renounced her Canadian citizenship, most of you were correct.

That's nifty. He should have no problems getting a Canadian passport once that is in effect.