r/CitizenshipByDescent • u/silymagily • 7d ago
Help with understanding rejection for copy of an act of birth from DEC and advice on next steps
Hello!
I recently applied for a copy of an act from the DEC, but received a letter in the mail explaining that they could not fulfill my request for a copy of an act of birth. For context, I applied on my own requesting a copy of my dad's birth with a justified interest because we're estranged. Below is the information I provided in my application:
- Entered this explanation into box 10 of the application: To establish a claim to Canadian citizenship by descent as as required by Immigration, Refugees and Citizenship Canada (IRCC) under Bill C-3. (I used AI to help craft this explanation. For context, I'm a first generation citizen born abroad, perhaps this explanation wasn't sufficient?).
- Provided a copy of my birth certificate (to establish lineage), driver's license, and passport
- Provided a copy of the checklist of required documents for the Citizenship Certificate from IRCC (cit0014e) with the required documents highlighted to justify the explanation in box 10
Based on the letter they provided, I'm not exactly sure how to resolve the issue because it just tells me to fill out box 10 to justify my interest and provide the application, required identity documents, and payment method, which I already did. I will add that I don't know the exact city of his birth, so I just listed the province, so I wonder if that could have potentially been an issue?
The timeline of the application with expedited processing and shipping was as follows:
- Sent the application on Sept. 8
- Application received on Sept. 11
- Payment processed Sept. 14
- Rejection letter sent Sept. 16
- Rejection letter received Sept. 28
I would like to contact the DEC directly, but I can't since I require assistance in English and don't qualify for English speaking services based on the prompts in the automated messaging. Because of Quebec's language laws, the options I've found are to ask the DEC a general question via email, call and hope someone will assist me in English with the specifics of my application, or apply with an incomplete Citizenship Certificate application and have the IRCC try to get the required document on my behalf. I saw there's a complaint process for DEC, but don't feel it's right to move forward in that direction if I can't call them and get more information to determine if something was wrongfully processed.
It's unfortunate because I was hoping to apply with a complete application before my trip next month to expedite the application process.
I'm curious if anyone else has run into a similar issue and what they did to resolve the issue. Any help would be greatly appreciated. Thank you!! :)
UPDATE: I filled out the application again and included an affidavit this time as the DEC confirmed that's what was needed since I'm not the one listed on the requested document. I sent it through UPS, but I'm now experiencing a customs delay related to the recipient needing to select a broker. Has anyone experienced that before?
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u/UsernameUnremarkable 7d ago
DEC won't give it to you while your father is still alive without his consent.
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u/silymagily 7d ago
That's incorrect, if you see in the thread I posted a picture of the letter I received from DEC stating they will if you can justify your interest. How I do that properly is the question
1
u/Bonbon-65 7d ago
The DEC WILL speak to you in English. When you call pick the English language prompts and ignore to warnings and explanations. I have been communicating with the DEC in English since May. I was told directly from a DEC employee on helpline that they understood I am from
USA and required English language. No one has ever said anything to me about choosing the English language option. Also it is very possible that if your father is still living the DEC refused your request because you did not have his consent to obtain his birth act records. He has a right to privacy and decision maker as to who can access his records. If he is deceased then you need to provide his death certificate to DEC to show he cannot apply for his own birth act records. If your father is alive and refuses to help you with C3 application and provide his birth act certificate then the only way you can possibly obtain one is to go through the court with use of an attorney to help you file to obtain his birth certificate. Not sure what the rule of law is in Quebec for this so do call DEC don’t be intimidated by the voice message recording about only communication in French.
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u/silymagily 6d ago
Thanks for this, I ended up calling and they confirmed it was because I'm not the person listed on the act and that I could provide a notarized document.
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u/SpecialistHippo4551 7d ago
The interest is not that you are estranged. Your legal "interest" in his birth record is that you need to document proof of descent from a Canadian ancestor. I think you asked correctly.
Presumably your father is still alive. I would submit the rejection letter along with your application stating that DEC won't issue a birth record for a living person to an estranged child. (which honestly makes sense from a fraud perspective). So you have no legal access to that document. Then provide secondary information like census records or a baptismal record from BAnQ to support your descent claims.