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Click
here to view larger image of Joe and his wife in British
Columbia, Canada in 2004. Read the CIC document which
deals with Children
Born out of Wedlock. Joe Taylor is the child of a
Canadian War Bride and a Canadian Servicemen. He has been
told he is not a Canadian citizen. |
----Original Message Follows----
From: Joe Taylor <joetaylor@shaw.ca>
To: melynda@canadianwarbrides.com
Subject: CIC inaccuracies
Date: Fri, 12 Aug 2005 13:27:28 -0700
Hi Melynda,
I would like to point out what I believe
to be an error in the information which CIC supplied for you
to put on your new webpage (which is brilliant!).
On the first page right hand side there is
a link Canadian
Citizenship and Immigration Guide for War Brides and their
children
When you click on this a fresh page comes
up with about one third way down the heading Children
of war brides - born out of wedlock
The narrative then says children in this
category were admitted to Canada as permanent residents and
did not automatically become citizens.
Unfortunately this may be what CIC would
prefer the situation to be but it does not conform to the
laws in force before January 1st 1947.
Most war bride children would have become
Canadian Nationals both under the 1921 Canadian Nationals
Act and the Order in Privy Council 7318
of September 1944.
The latter stated that upon landing in Canada
these dependents were to be deemed to be non-immigrant
and to acquire the status of the father.
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Every dependent applying for admission to Canada shall
be permitted to enter Canada and upon such admission
be deemed to have landed within the meaning of the said
Act; and where the member of the Canadian Armed Forces
is either a Canadian citizen or has Canadian domicile,
the dependent shall, upon being landed, be deemed to
have acquired the same status for the purpose of the
said Act. Excerpt from PC OC 7318, September,
1944.
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Prior to 1947 the law did not have vile offensive
clauses about out of wedlock this was only introduced
in the 1947 Act which cannot be applied retrospectively because
of the following statement which was included therein:-
"Notwithstanding the repeal of
the Naturalization Act and the Canadian Nationals Act, this
Act is not to be construed or interpreted as depriving any
person who is a Canadian National, a British subject or
an alien as defined in the said Acts or in any other law
in force in Canada of the national status he possesses at
the time of the coming into force of this Act." Taken
from s.(46)(I) of the 1947 Repeal of Canadian Nationals
Act inside the Canadian Citizenship Act.
I hope this clarifies the situation but if
you need any further information please contact me.
Very best wishes
Joe Taylor
joetaylor@shaw.ca
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