Recently, the immigration minister of Canada, Marc Miller, presented a new citizenship by-descent bill in the parliament. It aims to allow a first-generation limit to citizenship by descent.

This implies that if the bill gets passed, the foreign-born children of Canadian citizens can pass on their citizenship to their children.

In Canada, there is a bill, Bill C-71, which is an Act to modify the Citizenship Act (2024). It also aims to “restore citizenship to ‘Lost Canadians”. These are the individuals who have lost their Canadian citizenship status or who were unable to gain it due to previous, outdated rules. Find more details on the new and previous citizenship law below.

Miller Presented New Citizenship by Descent Bill: Understanding the New and Old Legislation.

According to the Minister, the present legislation limits citizenship by descent to the first generation with some exceptions. The exception applies to specific individuals who have a real connection to Canada.

The Minister added that this has undesirable repercussions for families and influences their life choices like where to live, work, pursue education, and even where to have children and raise a family.  

These modifications are intended to be inclusive and maintain the value of Canadian citizenship, as the department is dedicated to making the citizenship process transparent and fair.

However, it also specifies that in order to pass on citizenship, parents who are born overseas and who have or adopt foreign-born children will have to spend at least  1,095 cumulative days of physical presence in Canada. This period will be counted prior to the birth or adoption of their child.

This means that children who are born to or adopted by abroad-born Canadian citizens will be ineligible for Canadian citizenship if their parents fail to demonstrate that they have resided in Canada for the three calendar years before their child’s birth or adoption.

Further details on this will be available if the parliament passes the bill and receives royal assent- Miller said. He does not mention the expected time.

The presented citizenship bill is based on a similar ruling by the Ontario Superior Court of Justice. The court announced last December that the second-generational limit is unconstitutional. 

The judge concluded that the second-generation cut-off established a distinction based on national origin. This is because it considers individuals who are Canadians by birth as they were born in Canada differently than Canadians who obtained citizenship by descent due to their birth outside of Canada.

The Canadian government could have challenged the verdict, but it chose not to do so. This is because it acknowledges that the present rule has some unacceptable effects on Canadians whose children were born outside the country.

How can you obtain a Proof of Citizenship in Canada?

According to the present law, in order to confirm the citizenship status of individuals born abroad, the government of Canada needs a  Canadian citizenship certificate. 

To qualify for this certificate, individuals must demonstrate that at least one of their biological or legal parents was a Canadian citizen at the time of their birth.

To obtain a Canadian citizenship certificate, eligible individuals can apply at any time and at any point in their lives. This is irrespective of whether an individual’s Canadian parent(s) is living or deceased.

Once IRCC obtains an application, they will provide an “acknowledgment of receipt” and then initiate the application process.

Notably, candidates in Canada and the United States can expect to wait for up to three months. However, those in other countries may need to wait for longer.

Immigrate to Canada- your dream country!

Are you ready to immigrate to Canada but have concerns about the process and pathways? Feel free to connect with our experienced immigration experts for help at NavaImmigration. You can also send us an email at [email protected]