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Indian diaspora to benefit as Canada proposes expansion of citizenship by descent
Indian diaspora to benefit as Canada proposes expansion of citizenship by descent

Time of India

time4 hours ago

  • Politics
  • Time of India

Indian diaspora to benefit as Canada proposes expansion of citizenship by descent

In a significant move expected to benefit the Indian diaspora and other immigrant communities, the Canadian government has introduced a new bill to remove the existing limit on citizenship by descent. The legislation, titled Bill C-3, was presented in Parliament on Thursday by Immigration Minister Lena Metlege Diab, as per a report by Lubna Kably in the Times of India. The current rule, introduced in 2009, restricts Canadian citizenship by descent to only the first generation born outside Canada. This means that a Canadian citizen who was themselves born outside Canada could not pass on their citizenship to a child born abroad. Similarly, they could not apply for direct citizenship for a child adopted overseas. The proposed bill aims to change this. According to Immigration, Refugees and Citizenship Canada ( IRCC ), 'As a result of the first-generation limit to citizenship by descent for individuals born abroad, most Canadian citizens who are citizens by descent cannot pass on citizenship to their child born or adopted outside Canada. The current first-generation limit to citizenship no longer reflects how Canadian families live today—here at home and around the world—and the values that define our country.' by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Infertile Man Visits Orphanage And Hears, 'Hi Daddy.' Then He Realizes His Late Wife's Cruel Lies Crowdy Fan Undo As per Lubna's report in TOI, the issue has drawn legal scrutiny in recent years. In January 2024, a Canadian court ruled the first-generation limit unconstitutional. The government chose not to appeal the ruling. Although similar legislation was proposed in March 2024 by then-Immigration Minister Marc Miller, it did not pass, prompting its reintroduction this week. (Join our ETNRI WhatsApp channel for all the latest updates) If passed, Bill C-3 would automatically grant citizenship to individuals who would have been eligible if not for the earlier restrictions. It also proposes a new system under which Canadian parents born abroad can pass on citizenship to their foreign-born children—provided the parent has lived in Canada for at least 1,095 days (or three years) before the child's birth or adoption. Live Events You Might Also Like: Canada's new bill to grant citizenship to thousands of people Ken Nickel-Lane, managing director of an immigration services firm, said to The Times of India, 'While Bill C-3 certainly addresses and rectifies a fault, or faults in the current Citizenship Act which certainly is warranted and just, it may face challenges given current public opinion towards immigration.' He added that the bill might put pressure on immigration quotas, potentially affecting temporary foreign workers critical to infrastructure and housing development. The IRCC has confirmed that, 'If the bill passes both Houses of Parliament and receives Royal Assent, we will work as quickly as possible to bring the changes into effect.' For many Indian-origin Canadians with children or adopted children born outside Canada, the bill—if passed—will mark a major shift in access to citizenship and legal status. You Might Also Like: Canada's first Express Entry draw under new Immigration Minister invites 277 applications

What is citizenship by descent? Canada offers new way for some to become citizens
What is citizenship by descent? Canada offers new way for some to become citizens

Yahoo

time14 hours ago

  • Politics
  • Yahoo

What is citizenship by descent? Canada offers new way for some to become citizens

A new bill introduced in the House of Commons is offering a way for some to obtain Canadian citizenship. 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 Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here.

What is citizenship by descent? Canada offers new way for some to become citizens
What is citizenship by descent? Canada offers new way for some to become citizens

Vancouver Sun

time15 hours ago

  • Politics
  • Vancouver Sun

What is citizenship by descent? Canada offers new way for some to become citizens

A new bill introduced in the House of Commons is offering a way for some to obtain Canadian citizenship. 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. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. 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 Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .

What is Canada's Bill C-3? How will it help Indian-origin residents, 'lost canadians'?
What is Canada's Bill C-3? How will it help Indian-origin residents, 'lost canadians'?

Time of India

time18 hours ago

  • Politics
  • Time of India

What is Canada's Bill C-3? How will it help Indian-origin residents, 'lost canadians'?

Canada amends its Citizenship Act to making Canadian citizenship easier to obtain. Canada decided to amend its Citizenship Act, widening the scope of who can become a Canadian citizen in a relief to many Indian-origin residents at a time when Indians are facing hard times in the US owing to the crackdown of the Donald Trump administration. Bill C-3 would allow a Canadian parent who was not born in Canada to pass on citizenship to children born abroad beyond the first generation. This would be applicable to even child adopted abroad and beyond the first generation. But the parent must have a substantial connection to Canada which means he or she must have stayed in Canada for cumulative 1095 days, three years, before the birth or the adoption of the child. The bill would also benefit 'lost Canadians', a term that refers to those who lost Canadian citizenship or were denied a Canadian citizenship before due to certain provisions of the former citizenship law. "Most cases were remedied by changes to the law in 2009 and 2015. These changes allowed people to gain Canadian citizenship or get back the citizenship they lost. Despite this, additional amendments are needed to include other categories of 'Lost Canadians' and their descendants who did not benefit from the 2009 and 2015 changes," the government said. "Bill C-3 will restore citizenship to remaining 'Lost Canadians,' their descendants and anyone who was born abroad to a Canadian parent in the second or subsequent generations before the legislation comes into force. This includes people who lost their citizenship as a result of requirements under the former section 8 of the Citizenship Act," it said. The present citizenship law has a first-generation limit which means a Canadian parent can only pass on Canadian citizenship to a child born outside Canada if the parent was either born or naturalized in Canada before the birth of the child. Because of this limitation, Canadian citizens who were born outside Canada and obtained their citizenship through descent cannot pass on citizenship to their child born outside Canada, and cannot apply for a direct grant of citizenship for a child adopted outside Canada.

Canada Citizenship Bill addresses ‘Lost Canadians' and First Generation Limit'; check features and eligibility
Canada Citizenship Bill addresses ‘Lost Canadians' and First Generation Limit'; check features and eligibility

Time of India

timea day ago

  • Politics
  • Time of India

Canada Citizenship Bill addresses ‘Lost Canadians' and First Generation Limit'; check features and eligibility

The Canadian government introduced Bill C-3, or the Citizenship Bill, on June 5, 2025, to amend the existing Citizenship Act and address the issue of " Lost Canadians ." The term refers to individuals who lost or were denied citizenship due to the "First-Generation Limit" (FGL) introduced in 2009. The FGL restricts citizenship by descent to only the first generation born abroad, preventing Canadian citizens born outside Canada from passing citizenship to their children also born abroad. Bill C-3 seeks to automatically grant citizenship to those who would have been citizens if not for the FGL or other outdated provisions in former citizenship laws. This includes individuals affected by the repealed section 8 of the Citizenship Act, which required certain individuals born abroad between February 15, 1977, and April 16, 1981, to apply to retain their citizenship before turning 28. The proposed legislation also introduces a new framework for citizenship by descent. Going forward, children born or adopted outside Canada beyond the first generation would be eligible for citizenship if at least one parent demonstrates a substantial connection to Canada. This is defined as having spent at least 1,095 cumulative days (three years) physically present in Canada before the child's birth or adoption. Live Events The introduction of Bill C-3 follows a December 2023 ruling by the Ontario Superior Court of Justice, which declared the FGL unconstitutional for creating a second class of citizens and violating mobility rights. The federal government agreed with the ruling and chose not to appeal, acknowledging the law's unacceptable consequences for Canadians whose children were born outside the country. If passed, Bill C-3 would restore citizenship to those who lost it due to the FGL and allow Canadian citizens by descent to pass on their citizenship to their children born abroad, provided they meet the substantial connection requirement. The bill must undergo three readings and receive royal assent before becoming law. The court has set a November 20, 2025, deadline for the government to amend the legislation, after which the court may strike down or read down the offending portions of the existing law. FAQs What are the new rules for citizenship in Canada? The new Bill C-3 will restore citizenship to those affected by the first-generation limit (FGL) for citizenship by descent. It will allow Canadian citizens by descent to pass citizenship to their children if they have a substantial connection to Canada, as per the test. What are the general requirements to become a Canadian citizen? The general citizenship requirements remain: permanent residency, 1,095 days of stay in Canada within the last 5 years, language proficiency, passing a citizenship test, and filing taxes for three years if required. How long can you stay out of Canada if you are a citizen? Canadian citizens can be absent from Canada without losing their citizenship. However, prolonged absence may affect provincial health coverage and tax status. Some provinces allow up to 212 days (7 months) of absence while maintaining health coverage. Citizenship itself is not lost due to a lack. What is the 28-year rule in Canada? The 28-year rule applies to second-generation Canadians born abroad to Canadian parents who were also born abroad. Under the 1977 Citizenship Act, such individuals lose Canadian citizenship at age 28 unless they apply to retain it before that age, demonstrating residency in Canada or a substantial connection to Canada. How many days do we have to stay in Canada after PR for citizenship? Permanent residents must physically reside in Canada for at least 1,095 days (3 years) within the 5 years before applying for citizenship. This residency requirement must be met before submitting the citizenship application. Economic Times WhatsApp channel )

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