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Canada to reform Citizenship by descent; Indian Diaspora to benefit
Under the new legislation, individuals who were born outside of Canada to Canadian parents (who were also born overseas) before 2009 will automatically be granted Canadian citizenship.
Canada Flag / Image- Pixabay
Canada is poised to expand its citizenship by descent laws, potentially benefiting many immigrant communities, particularly the Indian diaspora. On May.23, Immigration Minister Marc Miller introduced Bill C-71, aimed at amending the Citizenship Act to extend citizenship by descent beyond the first generation.
In 2009, the Citizenship Act was amended to include a "first-generation limit" on citizenship by descent. This meant that automatic citizenship could only be granted to children of Canadian parents who were either born in Canada or had already naturalized prior to the birth of their child. As a result, children of Canadian citizens born overseas could not inherit their citizenship.
The proposed bill C-71 seeks to eliminate this restriction. Under the new legislation, individuals who were born outside of Canada to Canadian parents (who were also born overseas) before 2009 will automatically be granted Canadian citizenship. However, the bill introduces specific requirements for demonstrating a substantial connection to Canada.
Citizenship can be granted at birth to children of Canadian parents who were born outside of Canada if those parents can provide evidence of spending atleast three years in Canada prior to the child's birth.
Furthermore, the legislation addresses citizenship for children adopted abroad by Canadian parents. Any child adopted before the new law takes effect will be eligible for citizenship, even if previously excluded by the first-generation limit. Post-enactment, adopted children will need their Canadian parents to demonstrate a substantial connection to Canada to be granted citizenship.
This change aims to address and include what are referred to as "Lost Canadians" — those who lost or were never able to obtain citizenship due to outdated legislative provisions.
The Indian diaspora, among other communities, is expected to benefit significantly from these changes. However, it's important to note that Indians opting for Canadian citizenship will have to relinquish their Indian citizenship, as India does not permit dual citizenship.
Minister Miller emphasized the inclusivity and value upheld by the new legislation. "The proposed legislation will extend citizenship by descent beyond the first generation in a way that is inclusive and upholds the value of our citizenship," he said.
Bill C-71 builds on prior legislative efforts, including Bill S-245, and addresses issues raised in both Parliamentary committees and courts. It represents a comprehensive approach to restoring and clarifying the process for Canadian citizenship by descent, potentially restoring citizenship to many who had lost it under previous rules.
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