Canada’s Immigration Minister, Marc Miller, has introduced Bill C-71 in Parliament, which proposes a significant change to the rules surrounding citizenship by descent. If passed, this bill will enable children of Canadian citizens born abroad to pass their citizenship to their own children. It also aims to restore citizenship to “Lost Canadians”—individuals who lost or were unable to obtain Canadian citizenship due to outdated legislation.
Current Citizenship by Descent Rules Presently, Canadian citizenship by descent is generally limited to the first generation, excluding many individuals with genuine ties to Canada. This restriction has considerable implications for families, affecting decisions on where to live, work, study, and raise children. The proposed changes aim to be more inclusive, ensuring that the process is fair and transparent.
New Requirements Under Bill C-71 Under the new bill, parents born abroad who have or adopt children also born outside Canada must have spent at least 1,095 cumulative days (three calendar years) in Canada before the birth or adoption to pass on citizenship. This means children born or adopted by Canadian citizens born abroad will not be eligible for citizenship unless their parents can prove they have lived in Canada for a total of three years before the birth or adoption.
Rationale and Background This proposed change follows a similar ruling by the Ontario Superior Court of Justice in December, which declared the second-generation limit unconstitutional. The court ruled that this limit created a distinction based on national origin, unfairly treating those born in Canada differently from those born abroad who obtained citizenship by descent. The Government of Canada agreed with the ruling and chose not to appeal, acknowledging the adverse effects of the current law on Canadians with children born outside the country.
Proof of Citizenship Process Currently, individuals born abroad must obtain a Canadian citizenship certificate to confirm their citizenship status. Eligible individuals can apply for this certificate at any time, regardless of whether their Canadian parent is alive. Applicants must prove that at least one of their biological or legal parents was a Canadian citizen at the time of their birth. Once Immigration, Refugees, and Citizenship Canada (IRCC) receives an application, they will issue an acknowledgment of receipt and process the application. Processing can take up to three months for applicants in Canada and the United States, and longer for those in other countries.
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