AMENDMENT TO CITIZENSHIP ACT

As of May 23, 2024; Minister of Immigration, Refugees and Citizenship, introduced legislation that would extend citizenship by descent beyond the first generation in a way that is inclusive and protects the value of Canadian citizenship.

 

Due to first-generation limit, Canadian citizens who were born outside Canada cannot pass on citizenship to their child born outside Canada, and cannot apply for a direct grant of citizenship for a child born outside Canada and adopted.

 

This legislation would automatically confer Canadian citizenship to persons born abroad to a Canadian parent who is also born abroad prior to the coming into force of this legislation. It would also extend access to a direct grant of citizenship to children born abroad and adopted by a Canadian parent beyond the first generation. 

 

Bill C-71 , An Act to amend the Citizenship Act (2024) is scheduled to pass in Canada’s parliament post which further details to follow

 

On December 19, 2023, the Ontario Superior Court of Justice declared that the first-generation limit is unconstitutional, which generally limited citizenship by descent to persons who are born to a Canadian parent abroad in the first generation (with some exceptions)

 

Source: IRCC