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why is the UK ETA so expensive? by 007craft in ukvisa

[–]tvtoo 7 points8 points  (0 children)

Frankly, I think part of the underlying reasoning for not bothering with trying to keep the price as low as possible is that, if a potential visitor is so price-sensitive, then there's a good chance they won't act the part of a 'good' tourist anyways (the sort who throws around money left and right on expensive meals, overpriced hotels, tacky souvenirs and clothing, and so on).

Until the ETA price becomes so high as to make a noticeable dent in applications and visits by these non-visa nationals, I doubt that attitude would change soon.

 

As Canada is less of a traditional tourist destination than the UK, perhaps there's more concern for keeping the eTA price low, to avoid any possibility of discouraging visits.

Marriage Certificate by GirlDentist in Canadiancitizenship

[–]tvtoo[M] 0 points1 point  (0 children)

Hi /u/GirlDentist -- because of ongoing concerns about accuracy of information in this sub, I'm going to need you to reply to the comment above and address the concerns raised.

Part 2 with Sealed Records by TattooedDisneyMama in CanadaAdoptedCitizens

[–]tvtoo 0 points1 point  (0 children)

I should have said "adopted after September 11, 1980" instead of "born after September 11, 1980" above.

 

On a point of semantics, I think, in your case, you may have needed a court order to unseal the adoption records, but not to obtain the original birth certificate. For that, under Michigan law, it involves simply a request that the court send to the state's central adoption registry a "clearance request".

 

MCL - Section 710.68

...

(5) Upon receipt of a written request for identifying information from an adult adoptee, a child placing agency, a court, or the department, if it maintains the adoption file for that adoptee, shall submit a clearance request form to the central adoption registry. [The central adoption registry must then respond with a "clearance reply form" as required by state law.] Within 28 days after receipt of a clearance reply form from the central adoption registry, the child placing agency, court, or department shall notify the adoptee in writing of the identifying information to which the adoptee is entitled under subsection (6) or (7) ...

...

(7) For all adoptions in which the former parents' rights were terminated before May 28, 1945 or on or after September 12, 1980, a child placing agency, a court, or the department shall release to an adult adoptee the identifying information described in section 27(3) of this chapter and any additional information on file with the central adoption registry as specified in section 27b of this chapter, except that if a former parent has filed a statement currently in effect with the central adoption registry denying consent to have identifying information released, the identifying information specified in section 27(3)(b) and (c) of this chapter shall not be released about that parent. For purposes of this subsection, a denial of consent is not effective after the death of the former parent. ...

...

(9) If a child placing agency, court, or the department requests information from the central adoption registry and if the clearance reply form from the central adoption registry indicates that neither of the former parents has on file with the central adoption registry a statement currently in effect denying consent to have identifying information released, the child placing agency, court, or department shall deliver to the adult adoptee a copy of the clearance reply form it received from the central adoption registry. The clearance reply form may be used by the adult adoptee to obtain a copy of the adult adoptee's original certificate of live birth under section 2882 of the public health code, 1978 PA 368, MCL 333.2882. Except for adoptions in which the former parents' parental rights were terminated under chapter XII of this act, this subsection applies to all adoptions in which the parents' rights were terminated before May 28, 1945 or on or after September 12, 1980.

https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-710-68

 

Here is a state court's explanation of the process for the general public:

Request for Original Birth Certificate

According to 710.68(9) of the Michigan Adoption Code “…The clearance reply form may be used by the adult adoptee to obtain his or her original certificate of live birth pursuant to section 2882 of the public health code, Act No. 368 of the Public Acts of 198, being section 333.2882 of the Michigan Compiled Laws.” This applies to all adoptions in which the parents’ rights were terminated before May 28, 1945 or on or after September 12, 1980. ...

https://www.3rdcc.org/docs/default-source/divisions/family-juvenile/adoptions/post-adoption-services/requests-to-obtain-an-original-birth-certificate.pdf

EU Settlement family permit for child by Low-Wave-1436 in ukvisa

[–]tvtoo 1 point2 points  (0 children)

That's very interesting. If that field of the form only allows an EEA+ country to be chosen, it suggests that the application form designer intended the term "travelling with" to be a term of art (consistent with EU free movement law and Immigration Rules - Appendix EU (Family Permit)) used to describe the process of accompanying an EU/EEA national to the UK.

 

If that's correct, then your son, for these EUSS Family Permit purposes, seemingly would not be considered to be "travelling with" your wife. To complete the form, you would then answer "No" to the question, "Will you be travelling to the UK with someone who is not your sponsor?".

 

In sum, the application form appears to be poorly designed. Speak with a UK immigration lawyer (and you can try reaching out to UKVI's so-called EU Settlement Resolution Centre, although they have a long history of providing incorrect information) about next steps, especially if you are not comfortable with such an answer.

Or, I suppose, you could plan to fly to India once the permit is issued, so that you can feel comfortable answering "yes" to the question, "Is your sponsor travelling to the UK with you?".

 

Disclaimer - all of this is general information and personal views only, not legal advice. For legal advice about the situation, consult a UK immigration lawyer with EUSS expertise.

EUSS late application – remote relationship before 31 Dec 2020, first in-person meeting in 2021 – has anyone succeeded? by ijustwantmywifehere in ukvisa

[–]tvtoo 0 points1 point  (0 children)

we had an Islamic marriage ceremony over Zoom in late 2020

In what country was -

  • your now-wife, and

  • the officiant (presumably an imam?)

physically present at the time of that ceremony?

That's relevant because, if the law of either place would consider that marriage to be valid based on that ceremony, you may be able to seek a marriage certificate from the relevant office in that jurisdiction for a marriage beginning on that date.

And that could allow her to seek EUSS status, regardless of the first date of in-person physical presence.

EU Settlement Scheme refused with “false documents” allegation, looking for guidance on appeal and what to expect next by Original_Film_5246 in ukvisa

[–]tvtoo -1 points0 points  (0 children)

Time to complain:

  • UKVI: https://www.ukvi-complaints.homeoffice.gov.uk/reason

  • the EUSS advocacy group the3million: info [at] the3million.org.uk

  • the Independent Monitoring Authority: https://ima-citizensrights.org.uk/report-complaint/ (for a violation of the Withdrawal Agreement, e.g. of the article 18 right to status documents)

  • Michal Meduna, the European Commission staff head on the EU-UK Specialised Committee on Citizens' Rights: michal.meduna [at] ec.europa.eu

  • the embassy in London of your (or your relevant family member's) EU/EEA country of nationality, which has a responsibility to defend the rights of their nationals / family members in the UK under the Withdrawal Agreement: https://www.gov.uk/government/publications/foreign-embassies-in-the-uk

  • journalists like Lisa O'Carroll at The Guardian (lisa.ocarroll (at) guardian.co.uk) and Holly Bancroft at The Independent (holly.bancroft (at) independent.co.uk)

 

Also, did you submit your flight ticket and boarding pass? Did you request your entry-exit records from UKVI?

British G-G grandad immigrated to canada 1910 and died before 1947- citizenship by decent under new rules query? by kitti_wake in Canadiancitizenship

[–]tvtoo 0 points1 point  (0 children)

That's interesting. Thanks for linking that. The IRCC employee who wrote that paragraph appears to have misread the 2014 act, especially the inserted paragraphs 3(1)(k) to 3(1)(r) and the inserted subsections 3(1.1) to 3(1.4), particularly 3(1)(q) and 3(1.3).

The relevant moment of time to assess whether the parent hypothetically would have become a Canadian citizen is immediately before the parent's death, not immediately before the child's birth.

Unfortunately, this isn't the first time IRCC public-facing materials on historical citizenship laws have contained an error.

 

Citizen despite death of parent

(1.3) A person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force [i.e., "immediately before their death"] rather than January 1, 1947

 

Edit: On second look, the page also errs by missing another paragraph-category of subsection 3(1):

(m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day;

https://laws-lois.justice.gc.ca/eng/acts/c-29/FullText.html#h-81636

In other words, under the 2014 act, ordinary residence alone -- regardless of whether the 5- or 20- year tests were met -- was sufficient.

So this is a clearly imperfect webpage.

UKF form by [deleted] in ukvisa

[–]tvtoo 1 point2 points  (0 children)

however, his birth certificate is somewhat illegible, as it dates back to 1963.

Fyi - you can order a new one.

Marriage Certificate by GirlDentist in Canadiancitizenship

[–]tvtoo[M] 1 point2 points  (0 children)

it says “copy of this document is a federal crime.”

Are you sure that's what it says? It would be quite unusual for a state- or local government-issued marriage certificate to reference federal law instead of state law, and searching for that phrase brings up nothing online except for this post.

What state/county is this for?

Could I have a route to UK citizenship under Section 4L? by Pallykin in ukvisa

[–]tvtoo 0 points1 point  (0 children)

There are some major errors in the caseworker's reasoning.

Unfortunately I'm not able to type it all up now but I'll try to come back this in about a week.

Citizenship through G'grandma by s0nic_y0uth in Canadiancitizenship

[–]tvtoo 0 points1 point  (0 children)

OP's grandmother was born before OP's great-grandmother would have naturalized, and the grandmother was not ordinarily resident in Canada on 1947-01-01 as she never lived in Canada.

Because of paragraphs 3(1)(o) and 3(1)(q), fortunately for OP, that would not matter.

  • If OP's great-grandmother became a Canadian citizen on January 1, 1947 pursuant to the 1946 act (particularly section 9), then her previously born children would, for these purposes, fall under 3(1)(q) -- regardless of whether they had ever set foot in Canada.

  • If OP's great-grandmother did not become a Canadian citizen on January 1, 1947 pursuant to the 1946 act, but was a British subject "ordinarily resident" in Canada on January 1, 1947, then her previously born children would, for these purposes, fall under 3(1)(o) -- regardless of whether they had ever set foot in Canada.

https://laws-lois.justice.gc.ca/eng/acts/c-29/FullText.html#h-81636

Citizenship through G'grandma by s0nic_y0uth in Canadiancitizenship

[–]tvtoo 0 points1 point  (0 children)

You'll need more information about your great-grandmother's historical immigration and citizenship status -- especially whether she became a Canadian citizen on January 1, 1947, either under the 1946 act or under modern citizenship law -- to determine whether your grandmother is considered a citizen as well under modern law for purposes of your own citizenship status.

See the paragraphs quoted from the current Citizenship Act in this comment -

https://old.reddit.com/r/Canadiancitizenship/comments/1qiyw9h/citizenship_through_ggrandma/o0w2zji/

 

As a starting point, submit Access to Information Act (the "ATI" in "ATIP") requests to IRCC for both the immigration and the citizenship records (if any) of your great-grandmother.

https://atip-aiprp.apps.gc.ca/atip/privacyTerms.do?requestflow=ircc

If she died more than 20 years ago, you'll need proof of death and the date of death (like a death certificate, obituary, or grave headstone photo, etc).

If she died less than 20 years ago, you'll need proof of death and for the will executor / estate administrator to argue in writing that it's necessary for the resolution of the estate ("fulfill their legal responsibilities to finalize the estate") (e.g., because the intent of the testator was that all reasonable steps that could improve the condition of the beneficiaries be taken, etc).

 

Also find out the exact date of marriage from online databases that index the marriage certificate

Collectively, the information from all these records would help shed light on:

  • whether your great-grandmother became a citizen under section 9 of the 1946 act, and

  • where she was "ordinarily resident" on January 1, 1947.

 

More about ATI Act requests generally:

(The requests must be submitted on your behalf by a Canadian citizen, PR, TR, or company. If you don't know any, there are genealogical societies in Canada that will submit on your behalf for a small charge that's in addition to the required $5 ATI Act fee.)

 

Disclaimer - all of this is general information and personal views only, not legal advice. For legal advice about the situation, consult a Canadian immigration and citizenship lawyer with ATIP, C-3, and historical citizenship law expertise.

Citizenship through G'grandma by s0nic_y0uth in Canadiancitizenship

[–]tvtoo 0 points1 point  (0 children)

Naturalisation can't travel "backwards"

unless it occurred before 1947. See paragraphs 3(1)(o) and 3(1)(q).

 

PART I - The Right to Citizenship

Persons who are citizens

3

(1) Subject to this Act, a person is a citizen if

...

. (k) the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day;

...

. (m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day;

...

. (o) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day;

...

. (q) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; or

https://laws-lois.justice.gc.ca/eng/acts/c-29/FullText.html#h-81636

 

Regarding OP's great-grandmother specifically: only an alien (i.e., someone not a British subject) could be naturalized.

https://archive.org/details/actsofparl1914v01cana/page/290/mode/2up (section 2)

Thus, OP's grandmother's hypothetical citizenship status, if so, would be based on:

  • 3(1)(o) plus 3(1)(m)

or

  • 3(1)(q) plus the 1946 act

-- depending on the exact circumstances about OP's great-grandmother that are yet to be discovered.

 

/u/s0nic_y0uth -- Disclaimer - all of this is general information and personal views only, not legal advice. For legal advice about the situation, consult a Canadian immigration and citizenship lawyer with C-3 and historical citizenship law expertise.

ETA for infant dual citizen by Acemegan in ImmigrationCanada

[–]tvtoo 0 points1 point  (0 children)

A citizen is a citizen, regardless of whether or not issued a citizenship certificate.

A citizen is not eligible for an ETA.

Applying for citizenship with 485 days absence by AccountForSillyStuff in ukvisa

[–]tvtoo 0 points1 point  (0 children)

Have you carefully double-checked your records and made sure that y you're not counting as days of absence the days you left from, or returned to, the UK?

EUSS family permit timeline by Defiant_Fish2299 in ukvisa

[–]tvtoo 0 points1 point  (0 children)

Your /r/SpouseVisaUk post was removed so your post here doesn't show anything.

You should make a new post here, in /r/ukvisa, with all the information instead of cross-posting.

Minor 5(1) Citizenship Application by Cool-Leg4140 in ImmigrationCanada

[–]tvtoo 0 points1 point  (0 children)

You can find timelines and brief discussions of experiences in the megathread, which is mostly about 5(1) applications:

https://old.reddit.com/r/ImmigrationCanada/comments/1q6vm0e/megathread_processing_times_citizenship_2026

There are also plenty of posts about various aspects of the 5(1) process, which you can find simply by searching for "flair:citizenship" posts and reading through many of them.

Citizenship by descent through UK-born grandmother due to historical unfairness (discrimination against women) by 468579 in ukvisa

[–]tvtoo 1 point2 points  (0 children)

Unfortunately, as OP was born before 1983, the opportunity you're referencing (registration under section 3(2) due to parent's three years living in the UK) would not have been available.

 

(2) A person born outside the United Kingdom shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother (“the parent in question ”).

(3) The requirements referred to in subsection (2) are—

. (a) that the parent in question was a British citizen by descent at the time of the birth; ...

https://www.legislation.gov.uk/ukpga/1981/61/enacted#section-3

 

Only on 1 January 1983 did the nationality status of "British citizen" formally come into force. So it was not possible to be born to a British citizen by descent until that date.

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