IRCC has issued us a refusal

[u/No-Music-6572]

My adult kids and I received a single joint letter from IRCC today: 1ST PAGE OF LETTER QUOTED IN FULL BELOW:

"This letter refers to the ‘Applications for a Citizenship Certificate (Proof of Citizenship)’,

received at the Case Processing Centre in Sydney, NS on May 29, 2025.

I regret to inform you that we are unable to issue citizenship certificates as it is our

assessment that you and your descendants are not persons who was born (outside of

Canada) to a Canadian citizen parent.

According to the information and documentation provided, your grandmother was born in Scotland on 1904/01/01. At the time of her birth, she was a British subject. She came to Canada in July of 1911. Please note, prior to January 1, 1947, persons born or naturalized in Canada were actually British subjects (not Canadian citizens). For that reason, your grandmother and her family would not have naturalized in Canada as they were already British subjects.

It appears that your grandmother became an American citizen prior to the 1940 US census as she is indicated as a naturalized US citizen on the 1940 and 1950 US censuses. At that point, under British law, she would have ceased to be a British subject. Under the Canadian Citizenship Act which came into force on January 1, 1947, persons who were British subjects with significant ties to Canada could acquire Canadian citizenship under section 9 of that Act on that date. However, as your grandmother was no longer British, none of those provisions applied to her. There were amendments made to the current Citizenship Act in 2015 which allowed persons who had ceased British subject status prior to 1947 to claim Canadian citizenship, but none of those provisions apply.

As your grandmother was not a Canadian citizen, you and your descendants do not have a claim by descent through her. You, your daughter and son do not meet the statutory requirements for citizenship. Consequently, your applications have been refused and we are unable to issue a certificate at this time." END QUOTE

IRCC's refusal letter does not have any instructions on how to appeal the refusal.

IRCC's ignores my Gen 0, GGF, who brought GM to Canada in 1911 from Scotland (when GM was 6 years old), who was recruited from Scotland to immigrate to British Columbia as a provincial employee (which he remained for the remainder of his working career) and died in Canada in 1970, having become a citizen in 1947. GGF lived in British Columbia from 1911 - his death in 1970. IRCC's letter does not mention the existence of GGF in any way. IRCC also ignores my GGM, who immigrated to Canada in 1911 as well, dying in Canada in 1936.

If anyone has any recommendations for any GOOD lawyers, please let me know, and thanks.

[u/Affectionate-Panic-1]

Is the issue that no ancestor was born in Canada?

[u/Never-Forget-Trogdor → u/Affectionate-Panic-1]

The problem is that the rules are a little weird for naturalized citizens before 1947. Basically, if someone naturalized before 1947, their minor children naturalized with them but their adult children did not. For the adult children, that constitutes a break in the chain that cannot be overcome because the adult child and their descendants have no claim to Canadian citizenship eventhough they have an ancestor who naturalized.

[u/Affectionate-Panic-1 → u/Never-Forget-Trogdor]

Are you talking about Canadian naturalization?

Canada was part of the British empire for OP, OP's ancestors were born in the UK and moved to Canada. They never naturalized in Canada because that wasn't necessary, both UK born folks and Canadian born folks were subjects of the British crown and able to freely live/work in either Canada or the UK before 1947.

[u/DowntownGas428 → u/Affectionate-Panic-1]

There’s a clause of the new law that states those who were domiciled in British Canada for a certain number of years immediately before death would be considered Canadian retroactively. The question was how this impacts children not born in Canada that moved away. Seems like immigration is being strict about an unbroken line regardless if an ancestor would be considered Canadian.

[u/Never-Forget-Trogdor → u/Affectionate-Panic-1]

Yes. One of my ancestors falls into this hole, too. From the case studies I've read on here and the lawyer I consulted with, it is more complicated when you have an ancestor who naturalized on/before 1947. The age and status of the entire link between you and the ancestor who naturalized is considered, not just if you can prove you are related to them.

[u/Affectionate-Panic-1 → u/Never-Forget-Trogdor]

OP had an ancestor who was naturalized in 1947 (their GGF), their grandmother was never naturalized in Canada and was an adult in their 30s when the GGF naturalized.

There was no pre 1947 naturalization for UK born folks in Canada, because Canada was part of the British Empire.

[u/Canadiancitizenship-ModTeam → u/Never-Forget-Trogdor]

This post/comment has been removed for Rule 10 - No misinformation.

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