Welcome to the Guberman // Appleby Immigration Update. We hope you find the information provided relevant to your immigration needs. Our objective is to highlight recent changes in immigration that are of interest to our readers. If you have specific questions relating to this update, feel free to contact us at info@gaimmlaw.com – we aim to be your Toronto immigration lawyer source for all news relating to immigration.
Today’s topic:
- Enhancing Canadian Citizenship: Understanding Bill C-71
At the heart of Canada\’s identity lies its citizenship—a prized possession coveted by many around the globe. Canadian citizenship not only grants rights such as voting and passport privileges but also signifies a deeper connection to a nation built on democratic principles and cultural diversity. However, recent legislative changes have posed challenges for some Canadians, particularly those born abroad, in passing on citizenship to their children.
In 2009, amendments to the Citizenship Act introduced a first-generation limit to citizenship by descent, restricting the ability of Canadian citizens born outside Canada to transmit citizenship to their children born abroad.
The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, has taken a significant step towards inclusivity and fairness by introducing Bill C-71, An Act to amend the Citizenship Act (2024). This legislation aims to extend citizenship by descent beyond the first generation.
Under Bill C-71, Canadian citizenship will be automatically conferred to individuals born abroad to Canadian parents who were themselves born abroad before the legislation\’s enactment. Moreover, access to a direct grant of citizenship will be extended to children born abroad and adopted by Canadian parents beyond the first generation. However, to qualify for citizenship transmission, parents born abroad must demonstrate at least 1,095 cumulative days of physical presence in Canada prior to the birth or adoption of their child.
Additionally, Bill C-71 seeks to address the plight of \”Lost Canadians\”—individuals who lost or never acquired citizenship due to outdated provisions of previous legislation. This bill not only restores citizenship to these individuals but also extends citizenship to their descendants and to anyone born abroad to a Canadian parent in subsequent generations.
As per the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, the existing regulations typically limit citizenship eligibility through ancestry to the initial generation, leaving out individuals with authentic ties to Canada. This results in adverse effects on families and influences crucial decisions like residency, employment, education, and even family planning. The IRCC position is that these revisions strive for inclusivity and safeguard the integrity of Canadian citizenship.
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