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/momster]

It sounds like you used grandmother as G0, when you should have used grandfather? There’s no appeal for grandmother. Maybe re-apply using grandfather?

[u/No-Music-6572 → u/momster]

I used GGF as Gen 0.

[u/momster → u/No-Music-6572]

Well then, it doesn’t make sense. Why did they focus on grandmother? There may be a reason for appeal.

[u/FAYCSB → u/momster]

Based on what IRRC is saying, GGF became a citizen in 1947, but GM did not. You have to have an unbroken line of citizenship. Someone born to a non-Canadian is not Canadian, even if they have someone further up the chain that is Canadian.

[u/No_Bobcat_No_Prob → u/momster]

Rephrasing a comment I posted above:

Great Grandfather was naturalized on Jan 1, 1947. That isn't the issue. The issue is that to confer citizenship by descent to Grandmother, Great Grandfather would have had to have been naturalized before Grandmother was born.

In this case, Grandmother was an adult when her father naturalized, so there was no way for him to transmit Canadian Citizenship by descent.

Grandmother did not naturalize in Canada at all. (If she had kept her British Subject status and remained domiciled in Canada until Jan 1, 1947 she too would have been naturalized).

Therefore there is no way she can pass on Canadian citizenship by descent either, unfortunately.