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Canadian Citizenship Law Changes Ahead

What is Changing?

Ottawa is working on a new bill aimed at restoring citizenship rights for children of Canadian citizens born outside of Canada. According to The Globe and Mail, the bill is likely to include a significant ties assessment. First-generation Canadian citizens who gained citizenship through descent (as children born abroad to Canadian parents) will need to show a robust link to Canada in order to pass on citizenship to their own children who are also born outside Canada.

Photo by Kylie Anderson on Unsplash

Current Rules Limit Citizenship by Descent

At present, the law is clear-cut for first-generation individuals born abroad but becomes more complex for the second generation born overseas. Changes made to Canada's Citizenship Act in April 2009 restricted automatic citizenship to first-generation children of Canadian parents born abroad in many instances. The amendments were introduced by the Harper government to prevent "Canadians of convenience" by eliminating automatic citizenship for most children born abroad to Canadian parents (who were themselves born outside Canada).

Why is the Law Changing?

The 2009 amendments had unforeseen effects. For instance, they affected Canadians working or traveling abroad briefly, rendering them unable to transmit their citizenship. This led to families being separated and individuals ending up stateless.

In September, the Ontario Superior Court of Justice ruled that denying citizenship to Canadians born abroad who wanted to pass it on to their foreign-born children breached the Charter of Rights and Freedoms. The Federal Government must introduce new legislation by June 19.

Keep an eye out for updates on this important development as the government strives for a more inclusive citizenship framework.

English version: https://ttnimmigration.ca/vi/en/nhung-thay-doi-sap-toi-cua-luat-quoc-tich-canada/


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