A Canadian citizen parent may transfer citizenship to a child born outside of the country provided the parent was either born in Canada or became a naturalized citizen prior to the kid’s birth, according to the Citizenship Act’s first-generation limit on citizenship by descent. Citizenship for the adopted kid can be directly granted to Canadians who were born or naturalized in the country prior to adopting a child born abroad.
The first-generation limit prevents Canadian citizens who were born outside of the country from granting citizenship to their adopted kid who was born outside of Canada, as well as from applying for a direct grant of citizenship for a child who was adopted outside of the country.
The Ontario Superior Court of Justice ruled on December 19, 2023, that the first-generation limit for those born outside of the country is unconstitutional. We agree that the law has unacceptable repercussions for Canadians whose children were born outside of the nation, which is why the Government of Canada chose not to appeal the decision.
To make the citizenship process as equitable and open as feasible, the government is proposing laws. The C-71 bill would
• create a new framework for citizenship by descent going forward that would allow access to citizenship beyond the first generation based on a substantial connection to Canada.
• automatically remedy the status of any person already born who would have been a citizen were it not for the first-generation limit.
Substantial connection test
With the passage of Bill C-71, a Canadian parent who was born outside the country but maintains a strong connection to it would be able to transfer citizenship to their child beyond the first generation. Additionally, it would provide them the opportunity to directly obtain citizenship for any kid they adopt beyond the first generation and who was born overseas.
A Canadian parent who was born overseas would need to have spent a total of 1,095 days physically present in Canada prior to the birth or adoption of the child in order to prove a significant connection to the country.
Lost Canadians
People who lost or never obtained citizenship as a result of some antiquated clauses in previous citizenship laws are commonly referred to as “Lost Canadians.”
The majority of instances were resolved by 2009 and 2015 legislative amendments. People were able to regain their lost citizenship or obtain Canadian citizenship as a result of these changes. In spite of this, further modifications are required to take into account other groups of Lost Canadians and their offspring who were left out of the 2009 and 2015 adjustments.
Any remaining “Lost Canadians,” their descendants, and anyone born overseas to a Canadian parent in the second or later generations prior to the law’s enactment will all have their citizenship restored under Bill C-71.Those who lost their citizenship due to obligations under the previous Citizenship Act section 8 are included in this.
