Government of Canada introduces legislation for citizenship by descent

On May 23, 2024 - Canadian citizenship is highly esteemed worldwide. It grants the privilege to vote, run for political positions, and possess a Canadian passport. For numerous immigrants, citizenship is crucial for assimilation. It fosters a sense of belonging to a diverse and inclusive nation founded on democratic principles, equality, and multiculturalism.

In 2009, amendments to the Citizenship Act introduced a first-generation restriction on citizenship by descent. This means that a Canadian citizen parent can transmit citizenship to a child born outside Canada only if the parent was born in Canada or naturalized before the child's birth.

Due to the first-generation restriction, Canadian citizens born outside Canada cannot pass on citizenship to their child born abroad, nor can they apply for direct citizenship for an adopted child born outside Canada.

Today, the Honourable Marc Miller, Minister of Immigration, Refugees, and Citizenship, presented a bill that would expand citizenship by descent beyond the first generation in an inclusive manner while upholding the value of Canadian citizenship.

This bill would automatically grant Canadian citizenship to individuals born abroad to a Canadian parent who was also born abroad before the enactment of this legislation. It would also broaden the eligibility for direct citizenship to children born abroad and adopted by a Canadian parent beyond the first generation. After the legislation comes into effect, parents born abroad who have or adopt children born outside Canada must have spent at least 1,095 cumulative days in Canada before the birth or adoption of their child to transfer citizenship.

Bill C-71, An Act to amend the Citizenship Act (2024), would additionally reinstate citizenship to "Lost Canadians" who lost or never obtained citizenship due to outdated provisions in previous citizenship laws. Bill C-71 would also provide citizenship.