Canadian Immigration Minister Proposes Citizenship by Descent Bill

Immigration Minister Marc Miller has introduced a bill in Canada's parliament to revise the citizenship by descent policy. If passed, the bill would allow children of Canadian citizens born abroad to pass on their citizenship to their offspring. Known as Bill C-71, or the Citizenship Act (2024), the proposed legislation also aims to rectify the citizenship status of "Lost Canadians" who were either denied citizenship or lost it due to outdated laws.

Miller emphasizes the need for inclusivity in citizenship laws, stating that current regulations often restrict citizenship to only the first generation, which excludes individuals with genuine ties to Canada. He argues that such limitations have negative implications for families and affect various life choices, such as employment, education, and residence. The proposed changes aim to ensure fairness and transparency in the citizenship process while safeguarding the value of Canadian citizenship.

However, the bill includes provisions that require parents born abroad to spend at least 1,095 days (or three years) physically present in Canada before the birth or adoption of their child to transmit citizenship. This means that children born or adopted by Canadian citizens abroad will only be eligible for citizenship if their parents can demonstrate sufficient residency in Canada prior to their birth or adoption.

Miller clarifies that additional details about the bill's implementation will be provided if it passes parliament and receives royal assent. He refrains from specifying a timeline for the bill's approval.

The proposed legislation follows a legal decision by the Ontario Superior Court of Justice, which declared the second-generation citizenship limit unconstitutional. The court ruling highlighted the discriminatory nature of the law, as it treated Canadians born abroad differently from those born in Canada. Although the government could have appealed the decision, it chose not to, acknowledging the adverse effects of the current law on individuals whose children were born outside Canada.

In the existing legal framework, individuals born abroad must obtain a Canadian citizenship certificate to confirm their citizenship status. This requirement applies regardless of whether their Canadian parent is alive or deceased. Applicants must provide evidence that at least one of their biological or legal parents was a Canadian citizen at the time of their birth. Once the application is submitted to Immigration, Refugees, and Citizenship Canada (IRCC), applicants receive an acknowledgment of receipt, and processing begins.

According to the latest processing data, the processing time for applications in Canada and the United States is approximately three months, while it may take longer for applicants in other countries.

Overall, the proposed changes to the citizenship by descent policy aim to address gaps in the existing legislation, promote inclusivity, and uphold the value of Canadian citizenship. If enacted, the bill would provide greater clarity and fairness in the citizenship process for individuals born abroad to Canadian citizens.