Hi cliff335,
>> Your Canadian Citizenship
If you were born in the U.S. after February 14. 1977 and your mother
was a Canadian citizen at the time, you are a Canadian citizen too.
Born Outside Canada after February 14, 1977
You are a Canadian citizen if you were born outside Canada and:
* you were born after February 14, 1977; and
* you had a parent who was Canadian at the time of your birth.
http://www.cic.gc.ca/english/citizen/bornout-info.html
"If you automatically acquired citizenship because you were born
outside Canada to a Canadian parent or you are a woman who was landed
in Canada before 1947 (e.g., a war bride), you can apply for a
citizenship certificate."
http://www.cic.gc.ca/english/citizen/certificate-info.html
Application for a Citizenship Certificate from Outside Canada
http://www.cic.gc.ca/english/applications/certif2.html
>> Dual Citizenship
The U.S. recognizes dual citizenship as long as you don't renounce
your U.S. citizenship.
"Dual Nationality" U.S. Department of State
"In order to lose U.S. citizenship, the law requires that the person
must apply for the foreign citizenship voluntarily, by free choice,
and with the intention to give up U.S. citizenship."
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html
>> Your Partner
Your partner will not automatically become a Canadian citizen just
because you get married in Canada. In order for that to happen, you
would have to move to Canada and then sponsor your partner to
immigrate and eventually take the oath of citizenship.
"Canadian citizens and permanent residents living in Canada, 18 years
of age or older, may sponsor close relatives or family members who
want to become permanent residents of Canada. Sponsors must promise to
support the relative or family member and their accompanying family
members for a period of three to 10 years to help them settle in
Canada."
http://www.cic.gc.ca/english/sponsor/index.html
Sponsoring your same-sex partner as a spouse under the family class
(CIC?s Interim Policy)
"You can apply to sponsor your same-sex partner as a spouse if
* you are a Canadian citizen or a permanent resident; and
* you were issued a marriage certificate by a Canadian province or
territory on or after the following dates:
o Quebec (on or after March 19, 2004)
o Ontario (on or after June 10, 2003)
o British Columbia (on or after July 8, 2003)
o Yukon (on or after July 14, 2004)
o Manitoba (on or after September 16, 2004)
o Nova Scotia (on or after September 24, 2004)
o Saskatchewan (on or after November 5, 2004)
o Newfoundland (on or after December 21, 2004)
o New Brunswick (on or after July 4, 2005)
o All other provinces or territories (on or after July 20, 2005).
If you were married outside Canada, you cannot apply to sponsor your
same-sex partner as a spouse. However, if you are a Canadian citizen
or a permanent resident, you may qualify to sponsor your partner as a
common-law or a conjugal partner."
http://www.cic.gc.ca/english/sponsor/familymembers.html#sponsoring
I hope this helps to clear things up. If you have any questions,
please post a clarification request and wait for me to respond before
closing/rating my answer.
Thank you,
hummer
Search strategy: I searched the Citizenship and Immigration Canada website. |
Clarification of Answer by
hummer-ga
on
18 Oct 2005 07:28 PDT
Hi cliff335,
Regarding your Canadian citizenship, we are getting into a very
complicated realm which is outside the scope of a $5.00 question (I
get $3.75 of that), however, I can lead you in the right direction.
You need to confirm that your mother registered as a Canadian citizen
because she was a British subject when she left Canada. The Canadian
Citizenship Act came into effect January 1, 1947, before that
Canadians were British subjects. Not only that, women lost their
British status when they married U.S. citizens. So as you can see, she
was not a Canadian citizen when you were born in 1946. Please see the
following links.
You can find out her status by sending in the following application.
Application for a Search of Citizenship Records
http://www.cic.gc.ca/english/applications/search.html
Your Mom -
"If you are a woman, Canadian-born or a British subject, who lost her
British subject status by marriage before 1947, you must send:
http://www.cic.gc.ca/english/applications/guides/CIT0006E3.html
You -
"If you were born outside Canada to a Canadian parent before January
1, 1947, you must send:
http://www.cic.gc.ca/english/applications/guides/CIT0006E3.html
There are other details which come into play also, but that will get
you off to a good start. If you both have your Canadian citizenship
certificates, then you can ignore all of the above!
Will the dual citizenship arrangement make a marriage easier to arrange?
No, citizenship doesn't really matter. As long as you have all of the
required documents of the province where the wedding is to take place,
you will be fine.
Ontario:
http://www.cbs.gov.on.ca/mcbs/english/marriages_licence.htm
BC
http://www.vs.gov.bc.ca/marriage/howto.html
Will it affect the citizenship status of my partner?
No, not in the least.
(will he be eligible for Canadian citizenship as well?)
As I explained in my answer, you would have to move to Canada and then
sponsor him to immigrate to Canada in order to begin the citizenship
process for him. Please see the links in my answer.
Although marriage is fairly straight forward, divorce is not and it's
something to think about.
Same-sex marriage in Canada:
"In Ontario, marriage is marriage. Both same-sex and opposite-sex
couples obtain exactly the same rights, privileges and obligations.
One of these is divorce: if you want to end your marriage in Ontario,
one spouse will have to reside in the province for at least one year
prior to court action to end the marriage. If you want to end your
marriage in some other province or state, with the possible exception
of British Columbia, you may be out of luck. As of 2003-AUG-28, no
other jurisdiction in North America will recognize your marriage and
so it is probably that none will grant a divorce."
http://www.religioustolerance.org/hom_marb12.htm
Thinking of getting married in Canada?
"You do not have to be Canadian or live in Canada to get married here.
Details about where to get a marriage licence vary by province.
Contact the city hall of your chosen destination and ask for
assistance."
http://www.samesexmarriage.ca/legal/marriage_canada.htm
I hope that helps!
hummer
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