Bill C-71 in favor of Canadian citizenship by descent

Current citizenship law imposes a first generation limit on citizenship by descent, this means that Canadian citizens who were born in Canada or naturalized as Canadians prior to the birth of their child can pass on their citizenship to their child born outside Canada, but Canadian citizens born outside Canada cannot do the same, as they face restrictions on passing on citizenship to their foreign-born children, nor can they apply for a direct grant of citizenship for a child born outside Canada and adopted.

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The first generation limit is unconstitutional! 

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This is the view of IRCC and the Ontario Supreme Court of Justice. That is why, last December 19, 2023, the Ontario Superior Court of Justice declared the first generation limit unconstitutional, recognizing the adverse consequences it had for Canadian citizens whose children were born outside the country. Accordingly, the Canadian government decided not to appeal the ruling and, rather, introduced Bill C-71 to make the citizenship process fairer and more transparent.

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In Minister Marc Miller's own words, "These changes are intended 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."

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What does Bill C-71 provide?

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To make citizenship by descent a broader entitlement, the following will be done:

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1. Automatic remediation:‍2.

Bill C-71 will automatically grant citizenship to anyone born abroad to a Canadian parent who would have been a citizen but for the first generation limit.

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2. Demonstration of substantial connection:‍.

Going forward, a new framework will be put in place that will allow foreign-born Canadian parents to pass on citizenship to their foreign-born children beyond the first generation, provided they demonstrate a substantial connection to Canada.

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3. Restoration of citizenship for lost Canadians:‍4.

This bill aims to restore citizenship to the remaining "lost Canadians", their descendants and persons born abroad to Canadian parents in the second or subsequent generations before the legislation comes into force.

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What does substantial connection mean?

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Substantial connection refers to the cumulative physical presence of 1095 days in Canada prior to the birth or adoption of the child. Read more about the 1095 days for Canadian citizenship.

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What does "lost Canadians" refer to?

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Lost Canadians are individuals who lost or never acquired citizenship due to outdated provisions of previous citizenship legislation. Previous amendments in 2009 and 2015 addressed many of these cases, but some categories remain unaddressed.

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What impact will the implementation of Bill C-71 have on families?

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This change will positively impact families by allowing them greater flexibility in decisions related to living, working, studying and raising children in Canada. Ultimately, the legislative changes proposed in Bill C-71 seek to address the shortcomings of the current Citizenship Act by ensuring that people with genuine connections in Canada are not excluded from citizenship. 

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Once Bill C-71 is passed in Parliament and receives Royal Assent, the government is committed to speedy implementation of the process, and detailed information and guidance will be available on the Immigration, Refugees and Citizenship Canada (IRCC) website to assist eligible individuals. As we always do, at Immiland Canada, our consultants will be on top of the most important legislative developments for you, so that you will save time in getting your process started. At this link, you can schedule an appointment and a CICC consultant will review your citizenship profile.

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We hope that very soon you will be able to celebrate that one or more of your family members will be Canadian citizens thanks to Bill C-71, a fair, transparent and inclusive one for immigrants.

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Immiland Canada keeps abreast of immigration developments in the country in order to bring you the news, updates and services you should have available for a reliable, safe and expeditious immigration experience to Canada. Our regulated consultants are waiting for your requirements to process your citizenship case. 

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With love,

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Immiland