Canada to ease citizenship process for children of Canadians born abroad
The Government of Canada will temporarily simplify the process of obtaining citizenship for children born abroad while Parliament reviews changes to the law.
Photo: Andrijko Z., CC BY-SA 3.0
Canada's Minister of Immigration, Refugees, and Citizenship, Marc Miller, announced a temporary measure to facilitate citizenship acquisition for children of Canadian citizens born abroad.
This decision follows a ruling by the Ontario Superior Court on December 19, 2023, which declared unconstitutional certain provisions of the first-generation limit law.
Under the current legislation, children of Canadian citizens born abroad beyond the first generation do not automatically receive citizenship.
The court determined that this restriction violates the rights of Canadian citizens. In response, the government chose not to appeal the ruling and introduced Bill C-71 on May 23, 2024, to address this legal gap.
Due to delays in passing the bill, a temporary solution has been implemented: children born abroad may obtain Canadian citizenship if their parent has accumulated at least 1,095 days of physical presence in Canada.
This measure also applies to individuals who lost their citizenship due to previous retention requirements.
The Canadian government has requested a 12-month extension on the court's ruling to allow Parliament to thoroughly review and pass the new law.
These interim measures aim to protect the rights of affected individuals while legislative changes are underway.
Meanwhile, Mark Carney, former Governor of the Bank of England, will become Canada's next Prime Minister after securing a decisive victory in the Liberal Party leadership race, winning 85.9% of the vote.