Canada Introduces New Legislation Bill to Expand Citizenship by Descent

Bill C-71 proposes significant changes to Canada's citizenship laws, allowing children of Canadians born abroad to pass on citizenship. The bill also aims to restore citizenship to Lost Canadians. It introduces a physical presence requirement for parents to qualify for citizenship by descent.

Immigration Minister Marc Miller has introduced Bill C-71, a significant piece of legislation aimed at amending the Citizenship Act to allow broader citizenship rights for descendants of Canadian citizens born abroad. The bill proposes to enable these children to pass their Canadian citizenship to their offspring, addressing long-standing issues in the current law.

The current law restricts citizenship by descent to only the first generation born abroad. Under the proposed changes, children of Canadian citizens who were born outside of Canada will be able to confer their citizenship to their own children. This expansion aims to acknowledge and support the genuine connections many families have to Canada, despite their overseas births.

Bill C-71 also seeks to restore citizenship to "Lost Canadians." These are individuals who lost or were never able to gain Canadian citizenship due to outdated laws. The legislation intends to correct these historical injustices, ensuring that these individuals can reclaim their rightful status as Canadian citizens.

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Requirements for Passing on Citizenship

While the bill is inclusive, let’s take a glimpse at the conditions that it entails:

• Parents born abroad must have accumulated at least 1,095 days (approximately three years) of physical presence in Canada before the birth or adoption of their child to pass on citizenship.
• Proof of residence in Canada for the specified period will be required.

Marc Miller On Passing the Bill

Minister Miller emphasized the importance of inclusivity and fairness in the citizenship process. He reclaims that

• Current Restrictions: Citizenship by descent is generally limited to the first generation born abroad.
• Exclusion Issue: This restriction excludes individuals who have a genuine connection to Canada.
• Family Impact: The current rules negatively affect families, influencing decisions on living, working, studying, and where to raise children.
• The proposed changes are designed to be inclusive and ensure the value of Canadian citizenship is protected.
• The goal is to make the citizenship process fair and transparent.

This bill follows a December ruling by the Ontario Superior Court of Justice, which declared the second-generation limit unconstitutional. The court found that the current law discriminates based on national origin, as it treats Canadians born in Canada differently from those born abroad. The government chose not to appeal the ruling, acknowledging the adverse effects of the existing law.

Obtaining Proof of Citizenship

For individuals born abroad seeking proof of Canadian citizenship, some specifications are required of them:

• A Canadian citizenship certificate is required to confirm status.
• Applicants must demonstrate that at least one of their biological or legal parents was a Canadian citizen at the time of their birth.
• The application process involves submitting documents to Immigration Refugees and Citizenship Canada (IRCC), which issues an "acknowledgement of receipt" before processing the application. The process can take up to 3 months for applicants in Canada and the U.S., and longer for those in other countries.

The bill must pass through Parliament and receive royal assent before becoming law. Further details will be provided upon the bill's approval.

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Provision For Free Citizenship Consultation

The Cohen Immigration Law Firm is offering free consultations to assist individuals with questions regarding Canadian citizenship and the implications of the proposed legislative changes.

This proposed legislation represents a significant shift in Canada's approach to citizenship, aiming to be more inclusive and fair to families with deep connections to Canada, regardless of where they were born.

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Frequently Asked Questions

Q1. Who will benefit from the restoration of citizenship under Bill C-71?

Individuals known as "Lost Canadians," who were affected by outdated laws and either lost or were unable to obtain Canadian citizenship, will benefit from the restoration of their citizenship rights under this bill.

Q2. What types of documentation will be accepted to prove physical presence in Canada?

Acceptable documentation to prove physical presence may include tax records, employment history, educational records, utility bills, rental agreements, and travel records that collectively demonstrate the required 1,095 days of presence.

Q3. What steps should I take if I’m a "Lost Canadian"?

Individuals who believe they are "Lost Canadians" should gather any relevant documents proving their connection to Canada and consult with legal experts or contact Immigration Refugees and Citizenship Canada (IRCC) for guidance on the restoration process.

Q4. How will the bill impact international students and workers in Canada?

While Bill C-71 primarily affects citizenship by descent, international students and workers who become naturalized Canadians and later have children abroad will benefit, as they will be able to pass their citizenship to their children under the new rules.

Q5. What happens if a parent cannot meet the 1,095-day requirement?

If a parent cannot meet the 1,095-day physical presence requirement, their children born abroad will not automatically qualify for Canadian citizenship by descent. These children may need to go through the standard immigration and naturalization process.