Canada Expands Citizenship Rights for First Generation in 2024
1. Summary of Bill C-71
The current Canadian Citizenship Act limits citizenship by descent to the first generation. This means that:
– Canadian parents born in Canada can pass on citizenship to their children, regardless of where the children are born.
– Canadian parents born outside Canada can only pass on citizenship to children born outside Canada if they meet one of two conditions:
+ Born in Canada: The parent must have been born in Canada.
+ Naturalized before child’s birth: The parent must have naturalized as a Canadian citizen before their child was born.
– In addition, Canadian citizens (regardless of where they were born) can adopt children born outside Canada and apply for the direct grant of citizenship for the adopted child.
2. Issues with the first-generation limit
The first-generation limit leads to a number of problems:
– Canadian citizens born outside Canada cannot pass on citizenship to their children born outside Canada beyond the first generation.
– These individuals can also not apply for a direct grant of citizenship for adopted children born outside Canada beyond the first generation.
Ex:
– A woman born in Vietnam naturalizes as a Canadian citizen. She then marries a Canadian man and they have a daughter born in Vietnam. The daughter does not automatically receive Canadian citizenship because the mother was not born in Canada.
– A Canadian couple born outside Canada adopts a baby boy from the Philippines. They cannot apply for a direct grant of citizenship for the adopted child because this is an adoption beyond the first generation.
The government is introducing legislation to make the citizenship process as fair and transparent as possible. Bill C-71 would:
– Automatically remedy the status of any person already born who would have been a citizen if not for the first-generation limit.
– Establish a new framework for citizenship by descent going forward that would allow for access to citizenship beyond the first generation based on a substantial connection to Canada.
3. The substantial connection test
There are some exceptions to the first-generation limit. For example, individuals who can demonstrate a “substantial connection” to Canada may be allowed to pass on citizenship to their children. The bill would also allow them to apply for direct grant of citizenship for adopted children born outside Canada.
To demonstrate a substantial connection to Canada, Canadian parents born outside Canada would need to have a cumulative 1,095 days of physical presence in Canada before the birth or adoption of the child.
4. Lost Canadians
The term “Lost Canadians” is generally used to describe those who lost or never acquired citizenship due to certain outdated provisions of former citizenship legislation.
Most cases were remedied by changes to the law in 2009 and 2015. These changes allowed people to gain Canadian citizenship or get back the citizenship they lost. Despite this, additional amendments are needed to include other categories of Lost Canadians and their descendants who did not benefit from the 2009 and 2015 changes.
Bill C-71 will restore citizenship to any remaining “Lost Canadians,” their descendants, and anyone born abroad to a Canadian parent in the second or subsequent generations before the legislation comes into force. This includes people who lost their citizenship as a result of requirements under the former Section 8 of the Citizenship Act.