Canada Immigration Lawyers
Q.Both my father and uncle were born and raised in Canada.They're father was born and raised in the US immigrated to Canada to work as a pastor for 45 years but never got Canadian citizenship.Of course he married a Canadian while living there so all of his children were born there also.My question.Having "claimed " American Citizenship as adults before the 1977 citizenship law changes in Canada.Do they still have Canadian citizenship now or did they still loose it even though they didn't have to go through the regular immigration process?Was there no such thing as dual citizenship before 1977 in cases like these for Canada? I'm aware of all of the laws and what not.But still.My father and uncle did not intend to loose their identity to where they are from.Merely claim something that was rightfully theirs from birth.If they did loose it can they re-obtain it without going through the immigration process ?
A.My gut suspicion is that they probably did NOT lose their Canadian citizenship, though it might be wise for them to consult with a Canadian immigration lawyer who is familiar with the pre-1977 citizenship law. The operative portion of the 1947 citizenship act -- subsection 15(1) -- said that a Canadian lost his citizenship if he obtained another nationality; while outside Canada; by a voluntary, formal act other than marriage; while over 21; and not being under a disability. I suspect that if your father and uncle "claimed" US citizenship by asserting a birth claim -- and if they received documentation saying they were US citizens "at birth" -- and if they were not required to take the oath of allegiance given as a standard part of the US naturalization process -- then they probably would not be deemed to have "obtained" another nationality under 15(1). However, I'm not familiar with the relevant case law, so I can't be sure if the above is the accepted interpretation or not. This is why I'd suggest that your father and uncle should talk to an immigration lawyer in Canada about their situation. Also, if they asserted their birth claim to US citizenship by filing an application at a US consulate in Canada, then it would appear that 15(1) wouldn't apply, because the old law kicked in only if the foreign nationality was obtained outside Canada. In general, Canadian law before 1977 was not sympathetic toward the concept of dual citizenship. However, it wasn't completely impossible (e.g., "born dual" Canadian/other citizens were not required to renounce the other citizenship when they grew up).
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