Max Chaudhary here again with another important update on Canadian immigration law. Today, we have a Further Overview: Bill C-71, which proposes significant changes to Canada’s citizenship laws.
Key Changes Proposed by Bill C-71
Bill C-71 aims to extend citizenship to those born outside of Canada to a Canadian parent in the second and subsequent generations. This bill also proposes to restore citizenship to any remaining “Lost Canadians.” These changes come in response to a 2023 Ontario Superior Court decision that found the 2009 amendment to the Citizenship Act unconstitutional.
Let’s break down the key changes proposed by Bill C-71.
Canadian citizen parents born outside of Canada will now be able to pass citizenship to their children born outside Canada, whether biological or adopted. Children born abroad in the second and subsequent generations will be able to apply directly for a Canadian citizenship certificate. For adopted children, they will need to apply for a grant of citizenship first and then obtain a citizenship certificate once approved.
Substantial Connection Requirement
A crucial aspect of the new legislation is the substantial connection requirement. Canadians who wish to pass on citizenship to their children born after the legislation’s enactment will need to demonstrate that they have spent at least 1,095 days in Canada before their child’s birth or adoption. However, for children born before the legislation takes effect, there is no substantial connection requirement.
Addressing “Lost Canadians”
Bill C-71 also addresses the issue of “Lost Canadians.” These are individuals who either lost Canadian citizenship or were unable to acquire it due to certain sections of the Citizenship Act. Previous legislative amendments in 2009 and 2015 reinstated citizenship to many of these individuals, but some were still excluded. Bill C-71 aims to address these remaining cases, including those born outside Canada between February 15, 1977, and April 16, 1981, who did not apply to retain their citizenship before their 28th birthday.
Implementation Timeline
Once Bill C-71 is enacted, Canadians hoping to apply under the new rules will need to wait for royal assent and the release of the new application package and instructions. This could take some time, especially with Parliament’s upcoming summer break.
Conclusion
In conclusion, Bill C-71 is set to make significant changes to Canadian citizenship laws, extending citizenship to more people and addressing the issue of “Lost Canadians.” As we wait for further updates, it’s crucial to stay informed about these developments. Thank you for tuning in, and stay tuned for more updates on this important topic.
