In a significant move to expand access to Canadian citizenship, Immigration Minister Marc Miller has introduced Bill C-71, a new bill that proposes sweeping changes to the country’s citizenship by descent rules. This legislation aims to address historical injustices and provide a more inclusive and equitable path to citizenship for many individuals and families.

Key Provisions of Bill C-71

At the heart of Bill C-71 lies the elimination of the first-generation limit, a longstanding restriction that prevented children born abroad to Canadian parents born outside Canada from automatically inheriting citizenship. This change will have a profound impact on countless families who have long awaited recognition of their deep connections to Canada.

Furthermore, Bill C-71 streamlines the process for adopted children born outside Canada to Canadian parents beyond the first generation to acquire citizenship. This direct grant of citizenship will eliminate unnecessary bureaucratic hurdles and provide greater certainty for these children and their families.

Recognizing the importance of maintaining a strong connection to Canada, Bill C-71 introduces a physical presence requirement for Canadian parents who have children abroad. After the legislation’s implementation, these parents will need to demonstrate a substantial connection to Canada (at least 1,095 days of physical presence) to pass on citizenship to their children.

Bill C-71 also takes significant steps to address the issue of “Lost Canadians,” individuals who lost or never acquired Canadian citizenship due to outdated provisions in previous citizenship laws. The bill grants automatic citizenship to these individuals and extends citizenship to their descendants, as well as those born abroad to a Canadian parent in subsequent generations before the Act is implemented.

Addressing the “Lost Canadians” Issue

The “Lost Canadians” refer to individuals who lost their Canadian citizenship due to a previous law requiring them to apply to retain it before turning 28. This outdated provision resulted in many individuals inadvertently losing their citizenship, creating a sense of injustice and disconnect from their Canadian heritage. Bill C-71 rectifies this by granting these individuals automatic citizenship, restoring their rightful status as Canadians.

Bill C-71 vs. Bill S-245

The introduction of Bill C-71 comes after delays in the passage of Bill S-245, a similar bill introduced in the Senate. While both bills aimed to address citizenship by descent issues, Bill C-71 offers a more comprehensive and forward-looking approach. It not only addresses the immediate concerns of “Lost Canadians” and their families but also establishes a clear and consistent framework for citizenship by descent for future generations.

Looking Forward

The proposed changes in Bill C-71 are expected to have a positive impact on a significant number of individuals and families. Once Parliament approves the bill, Immigration, Refugees and Citizenship Canada (IRCC) will provide further details and implement the new procedures. These changes will undoubtedly bring greater fairness and inclusivity to Canada’s citizenship system, reflecting the country’s diverse and interconnected population.

Additional Notes

• Bill C-71 is currently in the early stages of the legislative process. It will need to pass through both the House of Commons and the Senate before becoming law.
• IRCC has indicated that it will provide more information on the implementation of Bill C-71 once the legislation is passed.
• Individuals who may be affected by the changes in Bill C-71 are encouraged to stay informed and consult with an immigration lawyer or representative for guidance.

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