New law proposed for Canadian citizenship by Immigration Minister Marc Miller, aiming to institute a first-generation restriction on citizenship by descent.
This measure, if it becomes law, would allow children of Canadian citizens who were born outside of the country to pass on their citizenship to their own children. This proposed legislation represents a substantial advancement in Canadian citizenship laws that may affect future generations.
Bill C-71, titled “An Act to amend the Citizenship Act (2024),” attempts to address the issue of “Lost Canadians” by restoring citizenship privileges that were either lost or never acquired due to out-of-date legislation. Minister Marc Miller pointed out that the present citizenship by descent restrictions frequently leave out those with true ties to Canada, limiting citizenship to the first generation. This exclusion greatly impacts families, influencing choices about housing, work, education, and even family planning. The proposed revisions seek to promote justice and transparency in the citizenship process while upholding the value of Canadian citizenship and fostering inclusion.
However, in order for parents who were born overseas to pass on citizenship to their adopted kid, the bill also imposes a provision that they must have spent a minimum of 1,095 days in total physically present in Canada prior to the child’s birth or adoption.
Proposed Canadian Citizenship Bill Requires Residency Proof for Children Born Abroad
To put it another way, children born or adopted by Canadian citizens who were not born here will only be eligible for citizenship if their parents can prove that they lived in the country for three years before the kid was born or adopted. Minister Marc Miller stated that Parliament’s approval of the law and the king’s ratification would prompt the release of more information. However, he did not provide a timeframe for when the law might be approved.
The Ontario Superior Court of Justice recently made a decision that mirrors this proposed legislation. The court declared the second-generation citizenship barrier to be invalid in December of last year. The judge claimed that this restriction treats people differently depending on their national origin, distinguishing those who were born in Canada from those who become citizens through ancestry. The Government of Canada denied even though there was an appeals process available, recognizing that the current law negatively affects Canadians whose children were born outside of the nation.
Obtaining Proof of Citizenship – Steps and Requirements
As of right now, in order to prove their citizenship, those who were born outside of Canada must obtain a Canadian citizenship certificate from the government.
Applicants may apply for a Canadian citizenship certificate at any time in their lives, regardless of whether their Canadian parent is still alive or has passed away.
In order to apply, candidates must submit proof that, at the time of the applicant’s birth, at least one of their biological or legal parents was a citizen of Canada.
An “acknowledgement of receipt,” issued by IRCC, signifies the start of the application processing procedure for applicants.
The most recent statistics on processing times indicates that applications from within the United States and Canada can take up to three months to process. International applicants, however, might have to wait longer for processing.
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