QUESTION: Both of my children were born in Canada. Their father was born in
england, his Father was British and his Mother American. Are they entitled
to citizenship in all three countries and if so how do they go about it?
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david ingram replies:
They are definitely entitled to Canadian Citizenship.
They are also entitled to British Citizenship due to the citizenship of
their father. They should call any British Consulate in Canada for details.
Assuming your husband is over 26 years old, your Husband might have been or
still be a US citizen because of the citizenship of his mother if he
fulfilled certain requirements which you can find in the graph below.
NATURALIZATION CHART
For determining whether LEGITIMATE CHILDREN BORN OUTSIDE The U.S.
acquired U.S. citizenship at birth.
PERIOD | PARENTS | RESIDENCE REQUIRED OF:
| PARENT or | CHILD
STEP 1 |STEP 2 |STEP 3
|STEP 4
Select | Select | Measure citizen parent's residence
|Determine whether child
period in | applicable | against the requirements for the |has
since lost U.S.
which | parentage | period in which child was born.
|citizenship. (The child
child was | | (The child acquired U.S. citizen-
|lost on the date it became
born. | | ship at birth if, at time of the
|impossible to meet the
| | child's birth, citizen parent had
|necessary requirements,
| | met applicable residence
|never before age 26.)
| | requirements.) |
Prior to | one parent | Citizen parent had resided in the
|None.
05/24/34 | US citizen | U.S. (Originally only fathers could |
| | transmit: mothers added Oct.94)
|(see note (5))
On/after | Both are | One had resided in the U.S.
|None.
05/24/34 | citizens | |
& prior to | One citizen | Citizen had resided in the U.S. |5
year's residence in the
01/13/41 | one alien |
|U.S. or its outlying
| parent. |
|possessions between ages of
On or after | One citizen | Citizen had resided in U.S. or its |13
and 21. OR. 2 years'
01/13/41 | one alien | outlying possessions 10 years, at
|continuous presence in
and prior | parent. | least 5 of which were after age
|U.S. between ages 14 and
to | | 16, or if citizen parent served |28.
(NONE, if at time
12/24/52 | | honorably in U.S. Armed Forces: |of
child's birth, citizen
| |(1) between 12/07/41 and 12/31/46
|parent was employed
| |(5 of the required years may |by
a specified U.S.
| | have been after age 12); or note (2)
|organization. This
| | between 12/31/46 and 12/24/52,
|exemption is not applicable
| | parent needed 10 years physical |if
parent transmitted
| | presence, at least 5 of which
|under *(1) or *(2) opposite.)
| | were after age 14.
|Notes (1). (2). and (4).
| Both are | One had resided in the U.S. or its
|None.
| US citizens | outlying possessions. |
On/after | Both are | One had resided in the U.S. or its
|None.
12/24/52 | citizen | outlying possessions note (3). |
& prior to | One citizen |Citizen has been physically present
in|None.
11/14/86 | one alien | US or outlying possessions 10 years, |
| parent. |at least 5 which are after age 14 n(3)|
On/after | Both are | One had resided in the U.S. or its
|None.
11/14/86 | citizen | outlying possessions |
| One citizen | Citizen was physically present in
|None.
| one alien | US or outlying possessions 5 years,at|
| parent. |least 2 which are after age 14 note(3)|
1. Absence of less than 60 days in the aggregate (total) will not break
continuity of physical presence for this purpose. Honorable service in US
armed forces counts as residence or physical presence.
2. No specific period of residence is required if alien parent naturalized
before child reaches 18 years and child begins to reside permanently in U.S.
prior to 18th birthday.
3. Physical presence abroad of dependent unmarried son or daughter as member
of household of a person serving honorably in U.S. Armed Forces or employed
by U.S. government or international organization may be counted as physical
presence.
4. The retention requirement was repealed by Act of 10/10/78. Persons who
had on
10/10/78 failed to retain are relieved from having to do so. Those who have
previously lost citizenship by a failure to satisfy retention requirements
of the Acts of 1934, 1940, and 1952 may NOT be reinstated.
5. Until Oct 20, 94, only father could transmit. Changed with President
Clinton signing the Technical Corrections Bill giving citizenship to
children of US citizen mothers.
(Aug 16, 2003 recreated from official US documentation for the CEN-TA-PEDE.
newsletter of the CEN-TA GROUP,
4466 Prospect Road, North Vancouver, BC, CANADA V7N 3L7 www.centa.com PH
(604) 980-0321 taxman at centa.com).
=-===============================================================
Hope this helps a bit.
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
Home office at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 10 PM 7 days a week (please do not fax or phone
outside of those hours as this is a home office)
email to taxman at centa.com <mailto:taxman at centa.com>
www.centa.com <http://www.centa.com/> www.david-ingram.com
<http://www.david-ingram.com/>
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