Canadian Government Moves to Restore Citizenship | Canada Immigration Updates
Immigration Minister Marc Miller has introduced a bill in Canada’s parliament to allow a first-generation limit to citizenship by descent. If passed, this bill will enable children of Canadian citizens born abroad to pass their citizenship on to their own children.
Gurmeet Sharma
Key Provisions of Bill C-71
Bill C-71, officially titled "An Act to amend the Citizenship Act (2024)," also aims to restore citizenship to "Lost Canadians"—individuals who lost or were never able to obtain Canadian citizenship due to outdated legislation.
“The current rules generally restrict citizenship by descent to the first generation, excluding some people who have a genuine connection to Canada,” said Minister Miller. “This has unacceptable consequences for families and impacts life choices, such as where individuals may choose to live, work, study, or even where to have children and raise a family. These changes aim to be inclusive and protect the value of Canadian citizenship, as we are committed to making the citizenship process as fair and transparent as possible.”
New Requirements for Citizenship by Descent
Under the proposed legislation, parents born abroad who have or adopt children also born outside Canada will need to have spent at least 1,095 cumulative days (approximately three years) of physical presence in Canada before the birth or adoption of their child to pass on citizenship.
This means children born or adopted by Canadian citizens born abroad will not be eligible for citizenship if their parents cannot prove that they have lived in Canada for three calendar years before the birth or adoption.
Background and Legal Context
The proposed bill follows a similar decision by the Ontario Superior Court of Justice. In December 2023, the court declared that the second-generation limit is unconstitutional. The ruling stated that the second-generation cut-off creates a distinction based on national origin by treating those born in Canada differently from those who obtained citizenship by descent outside of Canada.
The Government of Canada chose not to appeal this ruling, agreeing that the current law has “unacceptable” consequences for Canadians whose children were born outside the country.
How to Get Proof of Citizenship
Under current laws, Canada’s government requires a Canadian citizenship certificate to confirm citizenship status for those born abroad. Eligible individuals can apply for a Canadian citizenship certificate at any point in their lives, regardless of whether their Canadian parent is living or deceased. Applicants must prove that at least one of their biological or legal parents was a Canadian citizen at the time of their birth.
After Immigration Refugees and Citizenship Canada (IRCC) receives an application, they will issue an “acknowledgement of receipt” and process the application. According to the latest processing time data, it can take up to three months for applicants in Canada and the United States, and longer for those in other countries.
