CANADIAN CITIZENSHIP LAW CHANGES - Effective April 17, 2009
2009-03-20
As of April 17, 2009, the Canadian Citizenship Act will be amended to restrict citizenship to individuals born in Canada, and first-generation children born abroad or adopted by Canadian citizens. Most individuals who are born in Canada will still be granted citizenship. Also, first-generation individuals who were born abroad to Canadian citizens or who are adopted by Canadian citizens, and complete the Canadian citizenship process will still be granted citizenship. However, those foreign-born children of Canadians will not be able to pass on that same citizenship to their own children should they also decide to adopt or give birth outside of Canada.
Currently, Canadian citizens are able to pass on their citizenship through birth or adoption regardless of where they or their children are born. Once the new law comes into effect, children born to Canadian parents in the second or subsequent generations will not become Canadian citizens automatically at birth. Furthermore, those who are born abroad in the second or subsequent generations before the new law is implemented, who are not already Canadian citizens, will not automatically become a citizen under the new law. Exemptions have been extended for children born to Canadian diplomats and members of the Canadian military. Canadians engaged in all other fields of work, including volunteer work, will be affected by this law. No one who is a Canadian citizen when this law comes into effect is in danger of losing their citizenship.
The new law will, however, restore citizenship to certain individuals who: (a) became citizenships when the first citizenship act took effect on January 1, 1947 and who then lost their citizenship; (b) were born in Canada or who became Canadian citizens on or after January 1, 1947 and who then lost their citizenship; and (c) were born outside of Canada on or after January 1, 1947, in the first generation born abroad, to a Canadian citizen.
Recommendation
It is recommended that all Canadian citizens with children born abroad undertake the Canadian citizenship process for their children as soon as possible, if they have not already done so. As this law is still in review in Parliament, if anyone would like to express their opinions to the government they should contact their Member of Parliament.
This document has been created for informational purposes only and does not contain a full analysis of the law, nor does it constitute a legal opinion of the Bomza Law Group.
For further information regarding this update or any other Canadian immigration matter, please contact the Bomza Law Group.
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