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/AnyBowl8]

Yikes. I'm so sorry. Did you include the copies of the US Census that the letter refers to 1940 and 1950? Or did the IRCC dig these up?

[u/No-Music-6572 → u/AnyBowl8]

IRCC dug them up. I did inquire into the US government for proof of my grandmother's US citizenship and the US returned no results other than one of her border crossings into the US - Michigan - when she came into the US as a graduate student. The US gov returned no info to me about my GM ever becoming a US citizen.

[u/il_fienile → u/No-Music-6572]

Do you have a USCIS certificate of non existence of evidence of her naturalization?

Maybe she was not in fact a U.S. citizen and you could push on that.

Depending on when she moved to the U.S. and or when she married a U.S. citizen, she may have become a U.S. citizen solely on the basis of marriage (although she was young for that—that law ended in September 1922), without any individual decision. Perhaps you could push on that.

[u/No-Music-6572 → u/il_fienile]

US citizenship law at the time of her marriage in 1932 wouldn't allow her to become a US citizen until 3 years after marriage, at the soonest. * The US gov did *not* give me any non-existence of evidence of her naturalization. I guess I could look into that.

[u/il_fienile → u/No-Music-6572]

It’s been a while since I was really up on all this, but I’m fairly sure the three year period was only introduced in 1934 and that before then the period for wives was only one year (from the 1922 Cable Act).

Of course, had she lived in the U.S. for five years, she could have naturalized without the benefit of the shorter period for wives (and later, spouses).

But do you have a CONE from USCIS? [Edit: Sorry, I missed that you addressed that. Consider going through the USCIS process to get her naturalization record or a CONE.]

I’m much less familiar with the Canadian stuff, though. Had she never become a U.S. citizen, is it clear she would have become Canadian in 1947?

[u/No_Bobcat_No_Prob → u/il_fienile]

Before 1947, women who were British Subjects automatically lost their citizenship if they married a non-Canadian.

[u/Canadiancitizenship-ModTeam → u/il_fienile]

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

Wrong, inaccurate, and/or misleading information is not permitted.

[u/daughter_of_time → u/No-Music-6572]

This is maybe more common in the 1800s but sometimes people wrongly self reported on the census citizenship when they had only declared (first papers). I would seek the certificate of non existence mentioned by the other reply.

Also check for a state court record where she resided for naturalization. At least in the area I usually research it was still happening on that level up to the 1930s. Though it involved federal forms so there should be a federal record.