Canada set to lift restrictive citizenship by descent norms; Indian diaspora to benefit say experts

Seems like immigration source countries are looking at the implications of the change more than Canadian media: “open up the chain of citizenship without end…:”

 

…Pavan Dhillon, immigration attorney illustrates the first- generation limit. Mrs. A was born in India and was its former citizen. Subsequently after migrating, she acquired Canadian citizenship. On her return to India, she bore a child – ‘B’. Now, ‘B’ was eligible to be a Canadian citizen through descent. However, subsequently, ‘B’ (a Canadian citizen) could not under the first-generation limit rule pass on citizenship to her child (let’s name him C) if C was also born outside Canada.In other words, the first-generation which was born abroad, did not have the right to pass on citizenship by descent to the second-generation that was born abroad. This set of individuals, who were denied citizenship by descent are referred to as ‘Lost Canadians’.

According to the proposed amendment children born abroad to Canadians since 2009, would automatically be granted citizenship. A new substantial connection test would be created for those born outside Canada, after the new law comes into effect.

Those Indians who post enactment of the proposed legislation are eligible to become Canadian citizens and want to opt for it, will have to give up their Indian citizenship, as dual citizenship is not permitted.

The proposed provisions require that “Parents born abroad who have or adopt children also born outside Canada will need to have spent at least 1,095 cumulative days of physical presence in Canada prior to the birth or adoption of their child to pass on citizenship”.

Ken Nickel-Lane, founder of an immigration services firm , told TOI, “This announcement, at least on initial reading looks like it will open up the chain of citizenship without end as long as the parents have spent at least 1,095 cumulative days (approximately three years) of physical presence in Canada prior to the birth or adoption of their child to pass on citizenship. So, this could be very significant to a large group of individuals worldwide, notably Indian Nationals given that they are our largest source of new Canadians.”

However, it could be another immigration hot issue, as in some quarters it may be perceived that the floodgates to a wider pool of new immigrants have been opened, adds Nickel-Lane.

“The proposed legislation intends to ensure that Canadians who have substantial ties to Canada are not limited in their ability to pass on their citizenship to their children. The new legislation will greatly benefit the diaspora with significant ties to Canada,” states Dhillon .

Minister Miller summed up, “The current rules generally restrict citizenship by descent to the first generation, excluding some people who have a genuine connection to Canada. This has unacceptable consequences for families and impacts life choices, such as where individuals may choose to live, work, study, or even where to have children and raise a family. These changes aim to be inclusive and protect the value of Canadian citizenship, as we are committed to making the citizenship process as fair and transparent as possible.”

Canada’s immigration agency has stated that if the bill passes in Parliament and receives royal assent, it will work as quickly as possible to implement these changes and will provide more information for eligible individuals on its website.