QUESTION: Hi, I was born in Canada in 1954. Parents always were US citizens, living in Toronto for 7 years in the 1950s. Family moved to Ohio in 1957 and we stayed in USA ever since. I have a Canada birth cert. I have USA passport. Aside from signing passport, I never made any official statement. Last I inquired, I could apply for Can. passport. Questions: 1) Can I move back to Canada now with the intention of living there for many years? 2) What status would I have? 3) Would I need employment or other demonstrable income? 4) Would I be entitled to any government benefits (same as other Can. citizens)? Thank you very much.--------------------------------------------------------------
A new law will come into effect no later than April 17, 2009, which amends the Citizenship Act. The new law will give Canadian citizenship to certain individuals who lost it and to others who will be recognized as citizens for the first time. Citizenship will be automatic and retroactive to the date of loss or date of birth, depending on the situation. Also, all individuals who are Canadian citizens at the time the law comes into effect will keep their citizenship.
Until the new law comes into effect, the current law still applies.
The law restores citizenship to the following individuals who lost it due to rules in previous laws:
The law gives citizenship to the following individuals who have never been citizens:
The following individuals will not become citizens under the new law:
The rules that came into effect in December 2007 that allow children born outside Canada and adopted after February 14, 1977 to become Canadian citizens without having to become permanent residents will be extended to persons adopted on or after January 1, 1947. For the adopted person to be eligible for citizenship, certain requirements must be met, including the submission of an application. This also includes persons adopted by someone who will reacquire Canadian citizenship under the new law.
The new law changes the rules for people born outside Canada. Individuals born outside Canada to a parent, who was a Canadian citizen at the time of the birth, will only be Canadians at birth if:
This means that children born in another country after the new law comes into effect will not be a Canadian citizen by birth if they were born outside Canada to a Canadian parent who was also born outside Canada to a Canadian parent.
This limitation will also apply to foreign-born persons adopted by a Canadian parent. Adopted children of Canadian citizens will be considered to be the first generation born abroad. This means that:
Children who are not eligible for citizenship under the Citizenship Act may be sponsored as permanent residents.
For most purposes, people who were born in Canada may use their provincial or territorial birth certificate to prove their Canadian citizenship. Individuals who were born in Canada, lost citizenship in the past, and either resumed citizenship in the past or reacquire it under the new law should be able to use their birth certificate as proof of citizenship.
People who were born outside Canada require a citizenship certificate to prove their Canadian citizenship. Find out how to apply for a citizenship certificate.
CIC is preparing for the new law by:
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