Canada Citizenship Law Amended: Children Born Abroad to Canadians Now Eligible
Canada amends citizenship law under Bill C-71, allowing children of Canadians born abroad to gain citizenship, bringing major relief to Indian-origin families.
Canadian citizenship rules updated to include children born abroad to Canadian parents.
The Canadian government has made a significant overhaul of its citizenship legislation, which has made immigrant families, especially families from India, very happy. The government, led by Justin Trudeau, has accepted Bill C-71, which lifts the longstanding “first-generation limit” and grants citizenship rights to children of Canadians who are born outside the country.
What has been altered?
Nouveau livre à partir de la fin de la période de la loi, le gouvernement had a policy since 2009. In that policy, if the child was born to Canadian parents outside of Canada, he or she would not get Canadian automatic citizenship unless one of the parents was born in Canada. This led to many families dealing with confusion about their legal status and, in the worst cases, being stateless.
On the other hand, the recent amendment that came into effect allows kids who are born outside Canada to be granted Canadian citizenship if at least one parent has been a resident of Canada for at least three years (1,095 days) before the child's birth.
Who can apply for citizenship?
Kids born outside of Canada who did not get citizenship between the years of 2009 to 2015 and who did not get citizenship under the previous law can now directly apply for proof of Canadian citizenship.
Children who are born outside the country after December 15 will be considered if the Canadian parent fulfills the three-year physical presence rule in Canada.
What is the basis for the change?
The change is based on the 2023 Ontario Superior Court decision, which ruled that the citizenship regulations established in 2009 were unconstitutional and discriminatory practices. The Canadian government, instead of lodging an appeal, decided to alter the law, thereby facilitating the establishment of a more liberal citizenship policy.
A huge comfort to families of the Indian origin
A significant number of Indian-origin people in Canada, a lot of whom are living or working abroad while still having Canadian citizenship. The new rule now gives parents' long-term rights to their children born abroad which is a legal certainty compared to years of legal ambiguity.
According to Immigration, Refugees and Citizenship Canada (IRCC), the intention behind the move was to make Canadian citizenship “more inclusive and fair,” which is a statement that has been widely supported by the Canadians living dissociated from the country. The law change is viewed as a major step toward the protection of family rights and enhancement of the international presence of the Canadian citizen community.
