Bill C-71 amends the Citizenship Act of Canada to remove the first-generation limit to Canadian citizenship by descent.
With this limitation removed, a parent who is a Canadian citizen can now pass Canadian citizenship to a child born abroad where the parent was either born in Canada or became a citizen before the child’s birth. Prior to this amendment, Canadian parents born abroad could not pass Canadian citizenship to a child also born abroad.
Bill C-71 was following the Ontario Superior Court of Justice’s finding of the above limitation to be unconstitutional in a decision dated December 19, 2023. Further information on the Court’s decision and Bill C-71 can be found here.
Bill C-71 restores the Canadian citizenship of “Lost Canadians,” being those who would have been Canadian citizens at birth but for the first-generation limit. It also establishes a new framework for citizenship by descent, providing for Canadian citizenship beyond the first generation based on an individual’s “substantial connection” to Canada. To establish “substantial connection” a Canadian parent born abroad must have spent a cumulative 1,095 days (three years) in Canada before the birth or adoption of their child.
To learn more about how these proposed changes could impact you, contact a member of the MLT Aikins immigration team today.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.