Canadian Citizenship Rules Change

Proposed changes to the rules governing Canadian citizenship have changed. These changes make it more difficult to live abroad with no connections to Canada and still retain Canadian citizenship and a passport. The modifications to Canada's Citizenship Act were made last year, and became law as of April 17 2009.

"If both the mom and the dad were born outside of Canada," says Canada's Minister of Immigration, Citizenship and Multiculturalism, "and they go outside of Canada to have kids, (the kids) don't automatically become citizens." This is becoming referred to as the "two generation rule."

As part of the modification to the laws, there will also be good news for thousands of "lost Canadians" who did not receive automatic Canadian citizenship. 'If they left the country without notifying us, for instance, as kids of Canadians born abroad, they didn't automatically become citizens.'

The changes will ensure that an estimated 95 per cent of those people will now receive citizenship. "This will give back citizenship to thousands of Canadians who lost it through no fault of their own," the Minister said. "We'll make exceptional grants of citizenship for those, the balance who fall through the cracks, and are deserving."

Changes to Canadian Citizenship Rules Draw Criticism

Complexities in Canada's new Citizenship Act are drawing concerns and complaints from adoptive parents, to a large extent due to the complexity of certain elements. As is currently the case, the new rules permit Canadians who give birth abroad or adopt from another country to pass along their citizenship to such children. However, new federal legislation that will take effect this April can exclude those foreign-born children of Canadians from bestowing that same citizenship on their own children in the case that they adopt or give birth in a country other than Canada.

Canada's government explains that these changes are intended to correct a problematic loophole in the system. Closing this loophole will prevent foreign-born nationals from obtaining citizenship, then returning to their home country and being able to pass along Canadian citizenship to generations of family members who have never set foot in Canada.

Complaints suggest that these amendments to the Citizenship Act along with subsequent regulations that were released late last year do not consider the impact on internationally adopted children and children born to Canadians overseas. Contrary to these concerns, however, children born outside Canada who apply to become citizens after their Canadian parents sponsor them to come to this country as permanent residents are entitled to the same rights as children who are born here. In fact, the new rules will only have an impact on children whose Canadian parents choose to have them declared citizens of Canada while resident outside of Canada.

Canadian Citizenship Rules to Change

Citizenship and Immigration Canada has announced pending changes to the Citizenship Act, which are expected to be implemented by or before April 17 2009. The rules will reinstate citizenship for some who had previously lost it and grants citizenship to others for the first time.

This law will reinstate citizenship to the following persons who may have lost it due to the previous laws:

• Those who became citizens when Canada's citizenship act took effect on January 1, 1947, including those born in Canada prior to 1947; war brides;and other British subjects who had lived in Canada for at least five years before 1947 and who then lost citizenship;
• Thoise who were born in Canada or who became Canadian citizens on or after January 1, 1947, and who then lost their citizenship; and
  
• Those who were born outside Canada, on or after January 1, 1947, in the first generation born abroad, to a parent who was a Canadian citizen at the time of the birth.

Persons who didn't apply for citizenship and who were born outside Canada on or after January 1, 1947, in the first generation born abroad to a parent who was a Canadian citizen at the time of the birth may also become eligible to obtain Canadian citizenship under these new rules. Also, persons adopted by Canadians on or after January 1 1947 will be eligible to become citizens without having to apply for permanent resident status initially.

Canadian Government Debates Immigration and Citizenship Changes

Canada's Conservative government and the Minister of Immigration have faced considerable criticism of late in the light of changes currently proposed to the Citizenship Act and the Immigration and Refugee Protection Act (IRPA).

Proposed changes to the Citizenship Act, to be implemented in the spring of 2009 if approved would change the process by which those born outside Canada to Canadian parents could become eligible for citizenship. Whereas at present such individuals are required to declare or affirm their citizenship by the age of 28, Bill C-37 removes this requirement. At the same time, it removes the possibility of these individuals' children gaining citizenship if born outside Canada.

Meanwhile, the ongoing debate of the proposed amendments to the IRPA continues. The changes, intended to help expedite the processing of eligible applicants, also carries bad news for some whose cases could be closed without processing. A recent vote on the Bill defeated an amendment that would have killed the proposition. Although Canada's Liberal party continues to adamantly oppose the amendments, a decision to bring down the minority government may be needed to shut down the proposition.

Becoming Canadian on Canada Day

Celebrating Canada’s 140th birthday was a special moment for 1,700 individuals who became Canadian citizens at 34 swearing-in ceremonies across the country. Many ceremonies were held across Canada, including as far north as Whitehorse, as far west as Victoria, and as far east as St. John’s.

Her Excellency the Right Honourable Michaëlle Jean, Governor General of Canada, and the Honourable Diane Finley, Minister of Citizenship and Immigration, participated in a citizenship ceremony on the grounds of Rideau Hall in Ottawa. In the nation’s capital, a total of 17 families, representing each province and territory, became Canadian citizens on July 1.

Alice Daghavarian, Director of Immigration Services.