News & Updates

Government of Canada Introduces Legislation to Expand Citizenship by Descent for Individuals Born Abroad to Canadian Parents

On 23 May 2024, the Government of Canada introduced new legislation aimed at expanding the eligibility for citizenship by descent. This law will grant Canadian citizenship to individuals born abroad to Canadian parents, addressing gaps in the current framework that leave many children of Canadians without citizenship.

Current Gaps in Citizenship Law

Under the current Citizenship Act, individuals born outside of Canada are only eligible for citizenship if one of their parents is a first-generation Canadian. This has led to issues for families where children, born abroad, do not automatically inherit Canadian citizenship if their parents are themselves second-generation Canadians living abroad.

This new legislation seeks to correct those gaps by extending citizenship rights to individuals with Canadian ancestry, regardless of whether their Canadian parent is a first-generation citizen or not.

Key Features of the Legislation

The proposed legislation offers a number of key changes designed to simplify and expand access to citizenship for individuals born abroad to Canadian parents:

• Citizenship for Second-Generation Canadians: The new law allows second-generation Canadians living abroad to pass on citizenship to their children, ensuring their ties to Canada are maintained across generations.
• Simplified Application Process: The legislation includes provisions to streamline the application process for those seeking citizenship by descent, ensuring that eligible individuals can access their rights without undue complexity or delay.

Immigration Minister Marc Miller highlighted that the government’s intention is to strengthen Canada’s identity as an inclusive and welcoming nation.

“The current rules generally restrict citizenship by descent to the first generation, excluding some people who have a genuine connection to Canada. This has unacceptable consequences for families and impacts life choices, such as where individuals may choose to live, work, study, or even where to have children and raise a family. These changes aim to be inclusive and protect the value of Canadian citizenship, as we are committed to making the citizenship process as fair and transparent as possible.”

Addressing International Mobility

With globalization and international mobility on the rise, more Canadians are living and working abroad. This increase in mobility has resulted in a growing number of children being born outside of Canada to Canadian parents, leading to greater demand for inclusive citizenship laws that reflect modern realities.

The proposed changes respond directly to the needs of these families, providing assurance that Canadian citizenship can be passed on to future generations, even if a child is born in a foreign country.

Impact on Families

For Canadian parents abroad, the current citizenship rules have created significant challenges, particularly in cases where second-generation Canadians are unable to pass their citizenship to their children. The proposed changes will have a meaningful impact on such families, granting their children the same access to Canadian citizenship, regardless of where they are born.

This legislative update is a significant move toward aligning Canada's citizenship laws with modern realities and fostering stronger connections with Canadian citizens worldwide. Minister Miller emphasized that these changes reflect Canada’s ongoing commitment to inclusivity, ensuring that future generations can continue to call Canada home.

Conclusion

The introduction of this legislation marks an important step in expanding Canadian citizenship laws to reflect the realities of modern international mobility. By enabling second-generation Canadians to pass on their citizenship, the government is ensuring that Canada's diverse global citizenry remains connected to its roots. As the legislation moves through Parliament, many are hopeful that it will bring long-awaited relief to Canadians abroad who wish to secure citizenship for their children.

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