The Government of Canada has introduced Bill C-71, which aims to amend the Citizenship Act, ensuring a fairer, more transparent path to Canadian citizenship. This bill directly addresses the challenges caused by the “first-generation limit” and provides a solution for “Lost Canadians” who, despite their heritage, were unable to claim Canadian citizenship due to outdated legal provisions.
Understanding the First-Generation Limit in Canadian Citizenship
Under the current Citizenship Act, Canadian parents born or naturalized in Canada can pass on citizenship to their children born abroad. However, this privilege does not extend beyond the first generation. That means Canadian citizens who were born outside of Canada cannot pass on citizenship to their own children born abroad, nor can they apply for direct citizenship grants for adopted children born outside Canada.
This rule has led to unintended consequences for many Canadian families. On December 19, 2023, the Ontario Superior Court of Justice ruled that the first-generation limit is unconstitutional. In response, the Government of Canada introduced Bill C-71 to remedy this issue and ensure fairness for Canadian citizens born abroad.
How Bill C-71 Affects Canadian Citizenship
Bill C-71 seeks to amend the Citizenship Act by:
- Automatically Granting Citizenship: It will restore citizenship to anyone who would have been a Canadian citizen if not for the first-generation limit.
- Introducing the “Substantial Connection Test”: Canadian citizens born abroad will be able to pass on citizenship to their children born outside Canada, provided they meet a “substantial connection” requirement.
What Is the Substantial Connection Test?
Under the new framework, Canadian parents born abroad can pass on citizenship to their children born abroad if they can demonstrate a substantial connection to Canada. This test requires a cumulative 1,095 days (or three years) of physical presence in Canada before the birth or adoption of the child. This provision allows Canadian parents to maintain their ties to the country while ensuring that future generations remain connected to Canada.
Addressing “Lost Canadians”
The term “Lost Canadians” refers to individuals who lost or were denied Canadian citizenship due to outdated provisions of previous citizenship laws. While many of these cases were resolved through amendments in 2009 and 2015, some individuals and their descendants still remain affected.
Bill C-71 aims to restore citizenship to all remaining “Lost Canadians” and their descendants, including anyone born abroad to Canadian parents in the second or subsequent generations. This amendment will ensure that those impacted by previous legislative gaps can regain their rightful Canadian citizenship.
Conclusion
Bill C-71 represents a significant step towards modernizing Canada’s Citizenship Act, addressing the inequalities created by the first-generation limit and providing relief to “Lost Canadians” and their descendants. By ensuring that Canadians born abroad can pass on citizenship to their children and restoring the rights of those who lost their citizenship, Canada reaffirms its commitment to fairness and inclusivity in its immigration policies.
Stay informed about the latest developments in Canadian citizenship laws and how Bill C-71 may affect you and your family.
How Can We Help
The Immigration Law Firm of Matthew Jeffery has over 20 years of experience specializing in Canadian immigration. Mr. Jeffery has helped clients attain permanent residency or citizenship in Canada with a very high success rate. Fill out our contact form or one of our free assessment forms to see if we can help you with your immigration matters.
