May 28th, 2024 at 07:47 am

Marc Miller Announces New Immigration Bill C-71 | Canada Immigration

The Canadian government has tabled a new piece of legislation about citizenship by descent, Bill C-71. This bill may significantly alter how citizenship is awarded to children of Canadian parents who were born overseas.

Recently, Bill C-71, the law about Canadian citizenship by ancestry, was announced by Immigration Minister Mark Miller. This bill would safeguard the value of Canadian citizenship by extending citizenship by descent beyond the first generation in an inclusive manner.

Those born overseas to a Canadian parent who was also born abroad before the ACT’s implementation would be granted Canadian citizenship instantly under this measure. Additionally, after the law is enacted, children born abroad and adopted by Canadian parents will have more opportunities to receive a direct grant of citizenship than just the first generation.

Before their child was born or adopted, foreign-born parents who adopt children born outside of Canada must have physically resided in the country for a minimum of 195 days in total. Citizenship Bill C7-1, an act to amend the Citizenship Act 2024, must be passed to restore citizenship to Canadians who lost it or never got it as a result of outdated provisions in earlier citizenship laws before the ACT took effect.

Additionally, Bill C-71 would grant citizenship to anyone born abroad to Canadian parents in the second or subsequent generations, as well as the descendants of lost Canadians.

Proposed Changes in Bill C-71

For people and their families, an act amending the Citizenship Act 2024 may cause concerns. We will expeditiously implement these amendments and make further information available on our website to eligible individuals as soon as Parliament adopts the law and receives Royal Ascent. The proposal under consideration aims to expand citizenship by descent beyond the initial generation in a manner that is both inclusive and consistent with the principles of our citizenship.

Should the law be approved, anyone born outside of the nation to Canadian parents will automatically become a citizen. We also submitted revisions to address concerns brought up in court and by legislative committees before the legislation took effect. Those who we refer to as “lost Canadians” will have their citizenship restored; these individuals may never have been able to get citizenship or may have lost it due to antiquated or prior legislation provisions.

Key Changes Expected to be Implemented Under Bill C-71

First, it will make it possible for parents of Canadian citizens who were born abroad to grant citizenship to their adopted and biological children. Adopted children born in the second and subsequent generations abroad will be able to apply for a grant of citizenship, which will be approved before they can obtain a Canadian citizenship certificate. However, children born to Canadian parents in the second and subsequent generations abroad will now be able to apply directly for a Canadian citizenship certificate.

Crucially, upon the law’s implementation, certain Canadians who want to apply to grant citizenship to their offspring will have to prove they have a strong bond with the country by having lived here for at least 1,095 days at any point before their child was born or adopted. The types of documentation that will be needed to prove the 1,095 total days of physical presence in Canada have not yet been specified.

It’s crucial to keep in mind that Bill C-71 seems to impose different standards in the future than it does in the past. According to the bill’s wording, parents of children born after may be exempt from the significant connection requirement of 1,095 days in Canada.

There won’t be a substantial connection test needed for Canadians who had children in the second or later generations living overseas before the Act went into effect. In a similar vein, parents raising first-generation children overseas won’t be affected and won’t need to maintain a significant link.

Subsequently, Bill C-71 suggests giving Canadian citizenship back to all surviving “Lost Canadians,” a designation for people who either lost their citizenship or were unable to get it because of certain provisions in the Citizenship Act.

Before 2009 and 2015, the Canadian government implemented legislative changes that restored citizenship to a large number of people who had previously been denied it because of outdated legal restrictions. These people included the descendants of women who had lost their status as British subjects after getting married to nationals of certain non-Commonwealth countries.

The purpose of Bill C-71 is to deal with the remaining groups of “Lost Canadians,” which include those who were born outside of Canada between February 15, 1977, and April 16, 1981, and who did not apply to keep their Canadian citizenship before turning 28 as required by earlier versions of the Citizenship Act.

Why the New Citizenship Bill C-71

The 2009 Citizenship Act change (paragraph 3(3)(a)) was found to be unconstitutional because it unjustifiably limited citizenship by descent to the first generation born outside Canada to Canadian parents, creating two classes of Canadian citizens: those who can pass on citizenship to their children and those who cannot. The proposed legislative amendments are in response to this ruling from the Ontario Superior Court, which was rendered in December 2023.

The problematic legislation has been drafted and passed its first reading, but it is unlikely to become law before the deadline set by the court. As a result, the government will probably need to ask for an extension of time to fulfill its legal obligations. The deadline for the Federal government to address the problematic legislation is June 19, 2024.

Final Thoughts

The revised application package and instructions, as well as the bill’s royal assent, must wait before anyone wishing to apply under the new guidelines can do so. The length of time this would take is unknown, particularly considering that Parliament will be on summer vacation in July and August.

It is currently unknown how many people may be able to obtain Canadian citizenship as a result of these changes or how processing timelines may be affected by a potential surge of new citizens seeking grants and citizenship certificates. In the upcoming months, Immigration, Refugees and Citizenship Canada anticipates releasing further details.