Citizenship rule changes ensnare Ontario family
2015/04/08 3 Comments
A reminder that the variety of peoples’ lives and the desire for simple rules (limiting passing on citizenship to the first generation born abroad) can result in cases like this (most countries that have similar limits, if memory serves me correctly, have more flexibility than the Canadian approach):
At the root of their problems is the fact that Compton was born in Scotland, where his parents were living while in university. He was brought to Canada when he was five months old and lived in the country until his early 30s.
A teacher by profession, Compton then got a job at an international school and moved to Lima, where he met his Peruvian wife, Paola Moscoso Castillo de Compton.
His first son was born in Peru and automatically became a Canadian citizen. However, his second son, was born just months after the new rules came into effect. The changes mean Mateo, 5, is not a Canadian, even though his older brother Stephanoe, 8, is.
The new rules were part of legislation that solved the problems of thousands whose citizenship had been taken away by outdated legal provisions.’
However, at the same time the government said they were protecting the value of Canadian statehood by ensuring citizenship couldn’t be passed on from generation to generation of those living outside Canada.
The changes made Compton feel like a second-class Canadian. He didn’t even find out about the new rules until he tried to apply for a Canadian passport for his son in 2010 and was denied.
“This is an injustice,” he said. “This could happen to any Canadian.”
The situation has only worsened over time. After trying to deal with the matter from Peru, Compton returned to Ontario with his family in February last year.
He and his older son entered the country as Canadians, but Mateo, for whom he had to obtain a Peruvian passport, and Compton’s wife came in on visitor visas.
via Citizenship rule changes ensnare Ontario family – Toronto – CBC News.
About Andrew
Multicultural Meanderings 
I can certainly understand and sympathize with Mr. Compton’s feelings and frustration at the current system of determining citizenship. And how does this rigidity “protect the value of Canadian statehood”? The legislation which was supposed to fix the situation of “Lost Canadians” did, I think, fall short of what could have been done as there are those who will still not qualify whenever it goes into effect. (I am a “second generation born abroad” child of a WWII veteran of the Canadian forces but the limit ends at “first generation” ). It seems that the new law will , with situations like this family, continue to create more “Lost Canadians” in future.
Good luck to the Compton family in their quest for justice for their child.
It is very difficult to get good information when you are in Mr. Compton’s position. Everyone you ask knows a tiny bit of the picture, though will claim to know the whole picture.
He should have considered doing an out-of-Canada PR application, as it is given priority processing. Once that is started, you can then do a dual-intent entry into Canada, if you desire, and live there while the application is being processed.
Also he should be aware that there is OHIP coverage as soon as first stage approval is granted for the PR application.
Thanks for the practical advice to readers. Helpful.