Canada’s Immigration Minister Marc Miller has introduced a new bill in the Canadian Parliament for extending citizenship by descent beyond the first generation meaning Canadian citizens born outside Canada can now pass their citizenship to their children.
Through this bill named Bill C-71, the Canadian Government aims to restore the citizenship of Lost Canadians. Most of these people lost their citizenship due to previous legislation.
With the introduction of the new rules, restricted citizens and those of first-generation or second-generation descent can revive Canadian citizenship. The present rule limits Canadian people living abroad with a genuine connection with the country from obtaining Canadian citizenship. Due to the present rule, the people and their families have been facing consequences that are affecting their lives. Changes in the rule may help to maintain the value of the Canadian citizenship. Over the years, the Canadian Government is trying to make the citizenship process transparent and fair.
The new legislation states that parents born outside with their own or adopted kids born abroad have to spend a total of 1095 days in Canada before the birth or adoption of the child to pass on citizenship rights.
According to the Minister, more details about the legislation will be available when the bill passes in the Canadian Parliament and obtains royal assent. However, there is no time frame announced for the approval of the bill.
The bill is following a decision by the Ontario Superior Court of Justice last December. The second-generation limit is unconstitutional according to the court. The presiding judge has said that the second generational cut-off is making a distinction based on national origin. People born in Canada are treated differently than those Canadians born outside who have acquired citizenship by descent.
On the occasion, the Canadian Government were eligible to appeal against the ruling. However, they did not do it as they believe that the current law has become ‘unacceptable’ due to its impact on Canadians with children born abroad.
How Can Proof Your Citizenship
The Canadian Government needs a Canadian citizenship certificate to check the citizenship of the children of Canadian citizens born outside.
If you are eligible for Canadian citizenship, you can apply doe a Canadian citizenship certificate at any time. Whether the Canadian parent is living or passed away, may not impact the approval of Canadian citizenship. However, you need to prove that one of your biological or legal parents has been a Canadian citizen at the time of your birth.
When Immigration Refugees and Citizenship Canada gets an application, they provide an acknowledgement of receipt. Processing of the application starts afterwards. Based on the processing data, it may take about three months to get approval if you are from Canada or the United States. However, it takes longer if you are an applicants from another country.
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