OTTAWA,
ON, May 23, 2024 /CNW/ -
Canadian citizenship is highly valued around the
world. It provides the right to vote, to run for political office
and to hold a Canadian passport. For many immigrants, citizenship
is key to integration. It also provides a sense of belonging to a
diverse and inclusive country built on the principles of democracy,
equality and multiculturalism.
Legislative changes in 2009 amended the Citizenship Act to
add a first-generation limit to citizenship by descent, which means
that a Canadian citizen parent can pass on citizenship to a child
born outside Canada if they were
either born in Canada or
naturalized before the birth of the child.
As a result of the first-generation limit, Canadian
citizens who were born outside Canada cannot pass on citizenship to their
child born outside Canada, and
cannot apply for a direct grant of citizenship for a child born
outside Canada and
adopted.
Today, the Honourable Marc Miller, Minister of
Immigration, Refugees and Citizenship, introduced legislation that
would extend citizenship by descent beyond the first
generation in a way that is inclusive and protects the value of
Canadian citizenship.
This legislation would automatically confer
Canadian citizenship to persons born abroad to a Canadian parent
who is also born abroad prior to the coming into force of this
legislation. It would also extend access to a direct grant of
citizenship to children born abroad and adopted by a Canadian
parent beyond the first generation. Following the coming into
force of the legislation, parents born abroad who have or adopt
children also born outside Canada
will need to have spent at least 1,095 cumulative days
of physical presence in Canada
prior to the birth or adoption of their child to pass on
citizenship.
Bill C-71, An Act to amend the Citizenship Act
(2024), would also restore citizenship to "Lost
Canadians"—individuals who lost or never acquired citizenship as a
result of outdated provisions of previous citizenship legislation.
Bill C-71 would also provide citizenship to the descendants
of "Lost Canadians" and to anyone born
abroad to a Canadian parent in the second or subsequent
generations, before the legislation comes into force.
People who may be impacted by the changes proposed in
Bill C-71, An Act to amend the Citizenship Act (2024), will no
doubt have questions about what this means for them and their
families. If the bill passes in Parliament and receives royal
assent, we will work as quickly as possible to implement these
changes and will provide more information for eligible individuals
on our website.
Quote:
"The current rules generally restrict citizenship by
descent to the first generation, excluding some people who have a
genuine connection to Canada. This
has unacceptable consequences for families and impacts life
choices, such as where individuals may choose to live, work, study,
or even where to have children and raise a family. These changes
aim to be inclusive and protect the value of Canadian citizenship,
as we are committed to making the citizenship
process as fair and transparent as
possible."
– The Honourable Marc
Miller, Minister of Immigration, Refugees and
Citizenship
Quick
facts:
- Under the former section 8 of the Citizenship Act, some
individuals lost citizenship at the age of 28. These generally
include people born as the second generation abroad between
February 15, 1977, and April 16, 1981, who turned 28 before the
first-generation limit was introduced in 2009.
- Legislative changes in 2009 and 2015 restored or gave
citizenship to the vast majority of "Lost Canadians" who had lost
it or never received it due to outdated legislation. A number of
people have been issued certificates of Canadian citizenship as a
result of these changes.
- On December 19, 2023, the Ontario
Superior Court of Justice declared that the first-generation limit
is unconstitutional, which generally limited citizenship by descent
to persons who are born to a Canadian parent abroad in the first
generation (with some exceptions). The Government of Canada did not appeal the ruling because we
agree that the law has unacceptable consequences for Canadians
whose children were born outside the country.
Related
products:
- Backgrounder – Bill C-71: An Act to amend the Citizenship Act
(2024)
- Canada will not appeal
decision that strikes down first-generation limit to Canadian
citizenship by descent
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SOURCE Citizenship and Immigration Canada