What is citizenship by descent? Canada offers new way for some to become citizens
Bill C-3, An Act to amend the Citizenship Act, was tabled by Minister of Immigration, Refugees and Citizenship of Canada (IRCC) Lena Metlege Diab on Thursday. The bill would automatically grant Canadian citizenship to anyone who would be a citizen today if it weren't for the first-generation limit or 'outdated provisions,' the federal government said in a news release.
Currently, most Canadian citizens who are citizens by descent cannot pass their citizenship onto a child born or adopted outside the country.
The bill would also establish a new framework to allow for citizenship based on a Canadian parent's connection to Canada. The connection can be proven by demonstrating they lived in the country for at least three years, or 1,095 cumulative days, before the birth or adoption of a child.
Here's what to know.
The limit refers to the fact that someone does not automatically become a Canadian citizen if they were born outside Canada and their parent was also born outside Canada to a Canadian parent, or adopted outside Canada by a Canadian parent.
The Ontario Superior Court of Justice declared that key provisions of the first-generation limit were unconstitutional in Dec. 2023.
'The Government of Canada did not appeal the ruling because we agree that the current law has unacceptable consequences for Canadians whose children were born outside the country,' per the news release.
The Court suspended its declaration until November 20, 2025, which means the current rules still apply until further notice, according to the federal government.
'The legislative amendments to the Citizenship Act made in 2009 by the Harper Conservatives restrict citizenship by descent to the first generation born abroad,' Diab's office told National Post in an emailed statement.
'This has meant that individuals with a genuine connection to Canada are not recognized as Canadian citizens and has led to unacceptable consequences for Canadians whose children were born outside the country.'
The legislation was introduced to 'correct this, to remove the first generation limit, extending Canadian citizenship to 'Lost Canadians' beyond the first generation,' per the minister's office.
According to a news release in 2008, the amendments made by the Harper government were 'to protect the value of Canadian citizenship for the future.'
'Canadian citizenship is more than a legal status, more than a passport,' said former Citizenship, Immigration and Multiculturalism Minister Jason Kenney in 2010. 'We expect citizens to have an ongoing commitment, connection and loyalty to Canada.'
The term refers to people who were born outside of the country to Canadian parents who were also born in another country.
In 1974, the first Canadian Citizenship Act contained provisions that cause many people to 'either lose their Canadian citizenship or not acquire it in the first place,' the news release said.
Changes to the legislation in 2009 and 2015 restored or gave citizenship to some 20,000 'lost Canadians.' The new legislation proposes giving automatic citizenship to anyone denied citizenship under the current law.
'Citizenship is more than a legal status — it's a profound connection to the values, history, and spirit of Canada,' said Diab, per the news release. 'It reflects our belief that being Canadian means more than just a place of birth; it's about belonging, shared experiences, and a commitment to the inclusive and diverse community we all call home.'
The new bill could open up the possibility of many people applying for citizenship. Thousands of people could become Canadian, estimated immigration news website Citizenship and Immigration Canada.
With a potential surge of applications, Vancouver immigration lawyer Ryan Neely told CTV News that government should be certain that the IRCC's systems are 'equipped to handle the influx of applications.'
With additional reporting by The Canadian Press
FIRST READING: High immigration is worsening Canada's economic problems, says report
Michael Bonner: We need an immigration policy that will serve all Canadians
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