Searching for a Registration of Birth Abroad certificate

[Gardnr]

Spouse was born in the US in 1965 to Canadian Mom and US Dad.
Moved to Quebec in 1972 and lived there for 10 years. She has SIN and "landed immigrant" status.
She has lived in the US since 1982.

She is interested in obtaining Canadian citizenship certificate and passport. Also would like Canadian Citizen certificate for our two children born before 2009.... which may require a Registration of Birth Abroad certificate unless having an SIN/landed immigrant/lived in Canada as a child changes the equation.

Q1. How do you search to find out if her birth was registered by the parents back in the 1960s?
Q2. Does an SIN or landed immigrant status or elementary-high school education in Quebec effect citizenship claim for her and our kids?
Thanks!

 

[alphazip]

Before 1977, there was gender inequality in Canadian citizenship law, in that a mother (if married) did not pass citizenship on to her children, while a father did. So, your spouse's mother could not have requested a Registration of Birth Abroad for her daughter in the 1960s. That explains why, when your spouse lived in Canada, she did so as a landed immigrant and not as a citizen. It is unfortunate that her parents did not apply for citizenship for your spouse while she was living in Canada. Are you sure they did not?

At a certain point, the gender inequality issues in the previous Citizenship Act were recognized (there were a couple court cases on the subject*) and the child of a Canadian mother born before 1977 was allowed to receive what was known as a "facilitated grant" of citizenship. However, that opportunity came to an end in 2004.

(*read about Glynos & Benner here: https://en.wikipedia.org/wiki/History_of_Canadian_nationality_law#Judicial_review_of_provisions_of_current_and_previous_Citizenship_Acts)

Your spouse's situation now is that she is a Canadian citizen as of April 17, 2009, but, because of the limitation placed on citizenship by descent on that date, none of your children inherited Canadian citizenship through your spouse.

If you care to move to Canada, your spouse can sponsor you and the children for permanent residence. That would lead to citizenship for the kids rather quickly (they don't have to wait to apply), and for you after several years of residence.

 

[alphazip]

If you like, you can request that a search of citizenship records be made to see whether 1) your spouse's birth abroad was registered (very unlikely), or 2) she was granted citizenship as a child. If you do this at the same time as your spouse requests proof of citizenship, the total cost is $75. (Do it separately and the cost is $75 for each.)

Applications here: http://www.cic.gc.ca/english/citizenship/proof.asp

 

[Gardnr]

Super helpful. Thank you!