Canada Citizenship Amendment Benefits Indian Diaspora

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Key Takeaways:

Canada proposes legislation to extend citizenship by descent beyond first-generation, impacting many immigrant communities.
New rules grant automatic citizenship to children born abroad since 2009, with a 1,095-day physical presence requirement.
Changes expected to benefit Indian diaspora significantly, fostering genuine ties and inclusivity in Canadian citizenship.

What Changes are Coming to Canada’s Citizenship by Descent Norms?

On Thursday night, Canada’s Immigration Minister, Marc Miller, introduced legislation aimed at expanding the provisions of citizenship by descent. This has been seen as a positive move by many immigrant communities, including the Indian diaspora. The new legislation proposes to extend citizenship by descent beyond the first-generation limit, a restriction that has been in place since 2009.

Canada Citizenship Amendment Benefits Indian Diaspora

What was the First-Generation Limit?

The first-generation limit in the Citizenship Act, amended in 2009, meant that a Canadian citizen could only pass on citizenship to their children if they were born in Canada or had been naturalized before the child’s birth. Consequently, if a Canadian citizen was born outside Canada, they couldn’t pass on citizenship to their child also born outside Canada. This limitation also applied to adopted children born outside Canada, making it impossible to grant them direct citizenship.

Pavan Dhillon, an immigration attorney, helps to illustrate this. “Mrs. A was born in India and later acquired Canadian citizenship. When she returned to India and had a child, ‘B,’ that child was eligible for Canadian citizenship by descent. However, ‘B’ could not pass on citizenship to ‘C,’ if ‘C’ was also born outside Canada. Thus, the first-generation born abroad could not confer citizenship by descent to their children born outside Canada.”

Who are the ‘Lost Canadians’?

The term ‘Lost Canadians’ refers to those individuals who were unable to acquire citizenship by descent because of the first-generation limit. This term encapsulates the difficulties faced by many who, despite having legitimate connections to Canada, couldn’t pass on their citizenship to their children if born outside the country.

What Changes are Being Proposed?

According to the newly proposed amendments, automatic citizenship will be granted to children born abroad to Canadian parents since 2009. A new test will also be introduced to assess substantial connection to Canada for those born outside the country after the new legislation comes into effect.

1. Physical Presence Requirement
The parents born abroad and adopting or having children outside Canada will need to have spent at least 1,095 cumulative days (approximately three years) of physical presence in Canada before the birth or adoption of their child to pass on citizenship. This rule aims to ensure genuine ties between the family and Canada.

Ken Nickel-Lane, the founder of an immigration services firm, said, “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 in Canada before the birth or adoption of their child. 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.”

How Will This Benefit the Indian Diaspora?

The proposed Citizenship Amendment will be particularly advantageous for the Indian diaspora, which constitutes a significant proportion of Canada’s immigrant population. Indian nationals who become Canadian citizens under these new rules will be able to pass on citizenship to their children born outside Canada, provided they meet the physical presence requirement.

What Does the Substantial Connection Test Entail?

The substantial connection test will ensure that Canadians who have strong ties to the country aren’t restricted from passing on citizenship to their children, even if they’re born abroad. The details of this test will be outlined once the bill is passed.

What Are Some Concerns and Implications?

While the move has been largely welcomed, there are concerns that it could become a contentious point in immigration discussions. Ken Nickel-Lane cautions, “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.”

Statement from the Immigration Minister

Minister Marc Miller emphasized the inclusive nature of the proposed changes: “The current rules generally restrict citizenship by descent to the first generation, excluding some 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.”

When Will These Changes Take Effect?

Canada’s immigration agency has stated that if the bill passes in Parliament and receives royal assent, it will expedite the implementation of these changes. More information for eligible individuals will be provided on its official website.

What Should You Do Next?

For the Indian diaspora or others impacted by this change, it’s crucial to stay informed about the progress of this legislation. If you are eligible for citizenship for your children under these new rules, be sure to gather necessary documentation of your physical presence in Canada.

Summarizing the Key Points

Legislation Proposed: Canada to extend citizenship by descent beyond the first-generation.
Primary Change: Automatic citizenship for children born abroad to Canadian parents since 2009.
New Requirement: 1,095 cumulative days of physical presence in Canada for parents born abroad.
Impact: Broad benefits for the Indian diaspora and others affected by the first-generation limit.
Official Information: Check the Canadian immigration agency’s website for updates.

By revising the Citizenship Amendment, Canada continues to support the values of inclusivity and fairness in its immigration policies, opening up new possibilities for families and ensuring that genuine connections to the country are recognized and respected.

Learn Today:

Glossary or Definitions

1. Citizenship by Descent: A form of citizenship conferred to children based on their parent’s citizenship status. In Canada, this allows children born abroad to Canadian citizens to be granted Canadian citizenship.

2. First-Generation Limit: A restriction implemented in Canada in 2009 that allowed only the first generation born abroad to a Canadian citizen to automatically receive citizenship. Subsequent generations born abroad were excluded from this automatic right.

3. Lost Canadians: Individuals who, despite having a legitimate connection to Canada, were unable to pass on Canadian citizenship to their children born abroad due to the first-generation limit.

4. Physical Presence Requirement: A policy stipulating that parents born outside Canada must have spent a minimum of 1,095 cumulative days (approximately three years) physically present in Canada before the birth or adoption of their child to pass on citizenship under the newly proposed legislation.

5. Substantial Connection Test: A forthcoming assessment outlined in the proposed legislation to evaluate whether individuals born outside Canada maintain strong ties to the country, thereby qualifying them to pass on Canadian citizenship to their children.

This Article In A Nutshell:

Canada’s new legislation aims to expand citizenship by descent beyond the first-generation limit, allowing parents born abroad to pass citizenship to children born outside Canada, provided they’ve spent 1,095 cumulative days in Canada. This change particularly benefits the Indian diaspora, promoting inclusivity and recognizing genuine connections to Canada.
— By VisaVerge.com

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