-Sandra

I was born in Canada. My parents were both canadians at that time.
My father renunced to the Canadian citizenship in order to acquire the
Italian citizenship (and find a job) in 1980, because we moved to Italy
and at that time Italy was not accepting dual citizenship.
As a minor I acquired the Italian citizenship, now I am 31. Since 1992
Italy is accepting dual citizenship.
Am I still a Canadian citizen? If not, should I apply for the
resumption of the Canadian citizenship?
All the information I found don't mention what happens after 1977.
Can somebody help me?
Thanks!
Sandra

Rich Wales

"Sandra" wrote:

> I was born in Canada. My parents were both Canadians at
> that time. My father renounced Canadian citizenship in
> order to acquire Italian citizenship (and find a job) in
> 1980, because we moved to Italy and at that time Italy
> was not accepting dual citizenship. As a minor I
> acquired Italian citizenship, now I am 31. Since 1992
> Italy is accepting dual citizenship. Am I still a
> Canadian citizen?

As best I can tell from the above, you probably never lost your
Canadian citizenship and are probably still a Canadian citizen.

Your father's renouncing his Canadian citizenship in 1980 would
not have had any effect at all on your Canadian status. If he
had renounced his Canadian citizenship prior to 15 February 1977,
you would have lost your Canadian citizenship (under Canada's
citizenship law as it existed at that time). However, the
current (since 1977) Canadian citizenship law doesn't have any
provision of that kind. Under current Canadian law, loss of
Canadian citizenship by a parent does =NOT= cause a minor child
to lose his/her Canadian citizenship.

Similarly, the fact that you acquired Italian citizenship in 1980
would not have had any effect on your Canadian status. Canada's
current (since 1977) citizenship law freely permits multiple
citizenship (i.e., Canadian plus any number of other citizenships).

There is, as far as I know, nothing at all that your parents
could possibly have done in 1980 that would have resulted in you
losing your Canadian citizenship. The only way that you (having
been born in Canada) could lose your citizenship under Canada's
current citizenship law would be if you were to contact Canadian
officials (such as at a Canadian embassy or consulate) and file
the appropriate Canadian paperwork to renounce your citizenship.
Your parents couldn't have done that on your behalf when you were
a child; you would have to have done it yourself as an adult.

Further, if you have children (now or in the future), they will
also have automatic Canadian citizenship (from the moment of birth
and throughout their entire lives). Under Canadian law, a child
born to a Canadian parent, anywhere in the world, is a Canadian
citizen, regardless of any other citizenships he/she may also have,
and regardless of whether the child's country of birth (or any
other country) approves of or objects to the child having Canadian
citizenship.

In fact, it is possible that your father might still have Canadian
citizenship (even if he thinks he does not). When he "renounced"
his Canadian citizenship in 1980, do you know exactly what he did
and whom he contacted in order to do it? If all he did was to
tell officials of the Italian government that he no longer thought
of himself as a citizen of Canada, that would not have had any
legal significance under Canadian law in 1980. According to the
current Canadian citizenship law (in force since 1977), the only
way one can renounce Canadian citizenship (and have it recognized
in Canada as a renunciation of Canadian citizenship) is to contact
the appropriate Canadian officials and file the proper Canadian
government paperwork in accordance with Canadian law. If your
father did that, then yes, he did lose his Canadian citizenship;
but if he simply made a renunciatory statement to Italian officials
as part of the process of becoming a citizen of Italy, then Canada
never recognized that action, and your father is still Canadian as
far as Canada is concerned.

Rich Wales http://www.richw.org
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.

-Sandra

Thank you very much for your opinion. I will contact the Canadian
embassy to define my status.
Regards,
Sandra

Rich Wales ha scritto:

> "Sandra" wrote:
>
> > I was born in Canada. My parents were both Canadians at
> > that time. My father renounced Canadian citizenship in
> > order to acquire Italian citizenship (and find a job) in
> > 1980, because we moved to Italy and at that time Italy
> > was not accepting dual citizenship. As a minor I
> > acquired Italian citizenship, now I am 31. Since 1992
> > Italy is accepting dual citizenship. Am I still a
> > Canadian citizen?
>
> As best I can tell from the above, you probably never lost your
> Canadian citizenship and are probably still a Canadian citizen.
>
> Your father's renouncing his Canadian citizenship in 1980 would
> not have had any effect at all on your Canadian status. If he
> had renounced his Canadian citizenship prior to 15 February 1977,
> you would have lost your Canadian citizenship (under Canada's
> citizenship law as it existed at that time). However, the
> current (since 1977) Canadian citizenship law doesn't have any
> provision of that kind. Under current Canadian law, loss of
> Canadian citizenship by a parent does =NOT= cause a minor child
> to lose his/her Canadian citizenship.
>
> Similarly, the fact that you acquired Italian citizenship in 1980
> would not have had any effect on your Canadian status. Canada's
> current (since 1977) citizenship law freely permits multiple
> citizenship (i.e., Canadian plus any number of other citizenships).
>
> There is, as far as I know, nothing at all that your parents
> could possibly have done in 1980 that would have resulted in you
> losing your Canadian citizenship. The only way that you (having
> been born in Canada) could lose your citizenship under Canada's
> current citizenship law would be if you were to contact Canadian
> officials (such as at a Canadian embassy or consulate) and file
> the appropriate Canadian paperwork to renounce your citizenship.
> Your parents couldn't have done that on your behalf when you were
> a child; you would have to have done it yourself as an adult.
>
> Further, if you have children (now or in the future), they will
> also have automatic Canadian citizenship (from the moment of birth
> and throughout their entire lives). Under Canadian law, a child
> born to a Canadian parent, anywhere in the world, is a Canadian
> citizen, regardless of any other citizenships he/she may also have,
> and regardless of whether the child's country of birth (or any
> other country) approves of or objects to the child having Canadian
> citizenship.
>
> In fact, it is possible that your father might still have Canadian
> citizenship (even if he thinks he does not). When he "renounced"
> his Canadian citizenship in 1980, do you know exactly what he did
> and whom he contacted in order to do it? If all he did was to
> tell officials of the Italian government that he no longer thought
> of himself as a citizen of Canada, that would not have had any
> legal significance under Canadian law in 1980. According to the
> current Canadian citizenship law (in force since 1977), the only
> way one can renounce Canadian citizenship (and have it recognized
> in Canada as a renunciation of Canadian citizenship) is to contact
> the appropriate Canadian officials and file the proper Canadian
> government paperwork in accordance with Canadian law. If your
> father did that, then yes, he did lose his Canadian citizenship;
> but if he simply made a renunciatory statement to Italian officials
> as part of the process of becoming a citizen of Italy, then Canada
> never recognized that action, and your father is still Canadian as
> far as Canada is concerned.
>
> Rich Wales http://www.richw.org
> *NOTE: I've lived in both Canada and the US and have dual citizenship.
> *DISCLAIMER: I am not a lawyer, professional immigration consultant,
> or consular officer. My comments are for discussion purposes only and
> are not intended to be relied upon as legal or professional advice.