Was one of your grandparents born in Canada? If so, you may be eligible for Canadian citizenship.
In 2009, the Canadian Government pursued legislative changes that added a first-generation limit to Canadian citizenship. The upshot of these legislative changes meant that one could only pass on citizenship to their children born outside Canada if the parent was born in Canada or naturalized as a citizen before the birth of their child.
This legislation was successfully challenged in court and the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship proposed legislation that would extend the citizenship by descent beyond the first generation, but with a requirement that the Canadian parent have spent 1,095 cumulative days of physical presence in Canada prior to the child’s birth. This is similar to requirements in United States where a U.S. citizen typically needs to have spent 5 years in the U.S., with 2 of those years after the age of 14, before the birth of the child before they can pass on their citizenship.
The interesting and important takeaway from this development is that people who are known as “Lost Canadians” will be able to have their citizenship restored. Indeed, children born abroad in the second or subsequent generation before the coming into force of the new legislation will now be able to receive their Canadian citizenship. If you have a grandparent or parent who was born in Canada, you may now be eligible for Canadian citizenship and should contact an experienced citizenship lawyer for more information.
Further readings: Bill C-71: An Act to amend the Citizenship Act (2024)
For more information about Canadian or U.S. immigration, relocating your business across borders, or immigration disputes, reach out to Bryan Fitzpatrick at [email protected] or call him at 250.869.1127.
