Amendment
to Canada's Citizenship Act : You may
be Canadian
Ottawa, April 18, 2009
Raj Grewal
A new law amending the Citizenship Act will come into
effect on April 17, 2009. The new law will give Canadian citizenship
to certain people who lost it and to others who will be recognized
as citizens for the first time.
Citizenship will be automatic and retroactive to the day the person
was born or lost citizenship, depending on the situation. These
people will not have to apply for citizenship, but may need to apply
for a certificate to prove their citizenship. People who are Canadian
citizens when the law comes into effect will keep their citizenship.
Who will become a citizen
under the new law
The law restores citizenship to people who:
- became citizens when the first citizenship act took effect on
January 1, 1947, including people born in Canada prior to 1947
and war brides. It also applies to other British subjects who
had lived in Canada for at least five years before 1947, became
citizens on January 1, 1947, and who then lost citizenship.
It also restores citizenship to people who:
- were born in Canada or who became Canadian citizens on or after
January 1, 1947, and who then lost their citizenship and
- were born outside Canada, on or after January 1, 1947, in the
first generation born abroad, to a Canadian citizen.
The law also gives citizenship to some people who have never been
citizens. This includes people who:
- were born outside Canada on or after January 1, 1947
are in the first generation born abroad and
- were born to a Canadian citizen.
Who will not become a citizen
under the new law
Some people will not become citizens under the new law. This
includes people who:
- did not become citizens when the first citizenship act took
effect on January 1, 1947
- were born in Canada but are not citizens because when they
were born, one of their parents was a foreign diplomat and neither
parent was a permanent resident or citizen of Canada
- were born outside Canada to a Canadian parent, who are not
already citizens or who lost their citizenship in the past, and
who were born in the second or next generation abroad (this includes
people who failed to retain citizenship)
- renounced their citizenship as adults with the Canadian government
or
- had their citizenship revoked by the government because it
was obtained by fraud.
Understanding the first
generation limitation
Under the current rules, it’s possible for Canadians to
pass on their citizenship to endless generations born outside Canada.
To protect the value of Canadian citizenship for the future, the
new law will – with a few exceptions – limit citizenship
by descent to one generation born outside Canada.
This means that children born to Canadian parents in the first
generation outside Canada will only be Canadian at birth if:
- one parent was born in Canada, or
- one parent became a Canadian citizen by immigrating to Canada
and was later granted citizenship (also called naturalization).
The rules may also affect children adopted by Canadian parents
outside Canada, depending on the way in which the child obtained,
or will obtain, their Canadian citizenship. Learn more about the
new citizenship law and adoption.
Government workers and Canadian
Forces personnel
The limitation will not apply to a child born outside Canada in
the second or subsequent generation if, at the time of the child’s
birth, their Canadian parent is working outside Canada for the Canadian
government or a Canadian province or serving outside Canada with
the Canadian forces.
Are you wondering how your
situation may be impacted by the new changes?
The following scenarios explain how the change will affect a child
born to a Canadian parent outside Canada on or after April 17, 2009.
1) Jackie was born in Canada. While living outside Canada, Jackie
gives birth to Angela. Angela’s father is not a Canadian
citizen. Angela is born in the first generation outside Canada
and is a Canadian citizen at birth. Jackie and Angela return to
Canada. When in university outside Canada, Angela has a son, Edward.
Edward’s father is not a Canadian citizen. Edward is not
a citizen of Canada. Angela may apply to sponsor Edward to immigrate
to Canada as a permanent resident (if she intends to move back
to Canada). If he is granted permanent residence, Angela can apply
on her son’s behalf to be granted citizenship immediately.
*If Angela returns to Canada to give birth to her son, Edward would
automatically be Canadian, by virtue of being born in Canada.
2) Sarah was born in Canada. While living outside Canada, Sarah
gives birth to Jessica. Jessica’s father is also a Canadian
citizen. Jessica is a Canadian citizen at birth and is born in
the first generation outside Canada. Sarah and Jessica continue
to live outside Canada. Years later, not long after she begins
working for the private sector outside Canada, Jessica has a daughter,
Chelsea, with her partner, Sam. Sam immigrated to Canada and was
naturalized (granted citizenship) there years earlier. Chelsea
is a Canadian citizen at birth and is born in the first generation
outside Canada. Chelsea remains outside Canada and when she grows
up, she has a child named Peter. Peter’s father is not Canadian.
Peter is not a citizen of Canada.
*If Chelsea comes to Canada to give birth to her son, Peter would
automatically be Canadian, by virtue of being born in Canada.
Read more examples of people who are affected by the new law
What do I need to prove
I am a Canadian citizen?
For most purposes, people born in Canada may use their provincial
or territorial birth certificate to prove their Canadian citizenship.
People who were born in Canada and lost their citizenship, and who
either resumed their citizenship in the past or regained it under
the new law, should be able to use their birth certificate as proof
of citizenship.
People who were born outside Canada need a citizenship certificate
to prove their Canadian citizenship. Find out how to apply for a
citizenship certificate.
Backgrounder
Sample scenarios: How the proposed amendments to the Citizenship
Act would affect different people
People who would obtain citizenship would include:
1. People born abroad who resided outside Canada for 10 consecutive
years or more
Fictional case: In 1945, Ingrid, who was born in the Netherlands,
married Robert, who was born in Canada. They had a son (Hans) in
the Netherlands in 1946. In November 1946, Ingrid arrived in Canada
with Hans to join Robert. Ingrid automatically became a citizen
when the 1947 Canadian Citizenship Act came into force. In 1952,
she returned to the Netherlands and has lived there ever since.
Ingrid ceased to be a citizen in 1962 because she lived outside
Canada for 10 consecutive years before 1967.
People who left Canada for 10 consecutive years or more between
1947 and 1967, and who were neither born in Canada nor born abroad
to a Canadian parent, automatically ceased to be citizens under
the 1947 Act.
Citizenship status: This bill would restore citizenship to Ingrid
back to the date she lost it in 1962.
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2. People born abroad before 1947 to a Canadian parent (after the
parents married)
Fictional case: Hans, son of Ingrid and Robert, automatically obtained
citizenship on January 1, 1947, when the 1947 Canadian Citizenship
Act came into force, as he was born in wedlock to a father who was
born in Canada and who had also become a citizen on the same date.
Hans returned to the Netherlands with his mother in 1952 and then
moved to the U.K. in 1968 where he continues to reside.
Hans lost his citizenship on the day after his 24th birthday in
1970 because he was not residing in Canada on his 24th birthday,
nor did he file a declaration of retention between his 21st and
24th birthday.
Citizenship status: This bill would restore citizenship to Hans
back to the date he lost it in 1970.
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3. People born abroad to a Canadian parent between 1947 and 1977
Fictional case: Pierre’s parents, grandparents and great-grandparents
were born in Quebec and resided in a town near the U.S. border.
In 1960, Pierre’s mother gave birth to him in the nearest
hospital across the border.
She returned to Canada with him shortly after his birth. Pierre
has lived in Canada his entire life. Pierre’s parents were
not aware of the requirement to register his birth with citizenship
officials. Pierre has Canadian ID such as a health card, driver’s
licence and SIN card, and pays taxes and votes. He is not aware
that he is not a citizen today.
Citizenship status: Pierre would obtain citizenship automatically
under this bill, back to his date of birth in 1960.
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4. People born abroad to a non-Canadian mother and a Canadian father
(unmarried) between 1947 and 1977
Fictional case: Jennifer was born outside Canada in 1972 to a Canadian
father and a non-Canadian mother. Her parents never married. Jennifer
has always resided outside Canada but spends summers with her paternal
grandparents in Canada. Jennifer and her non-Canadian spouse had
a son (Edwin) in 1992 outside Canada. They are considering moving
to Canada permanently. Jennifer has never taken any steps to acquire
Canadian citizenship.
Citizenship status: Jennifer would obtain citizenship back to her
date of birth under this bill. Since Jennifer is the first generation
born abroad, her son Edwin is a second generation child and so will
not obtain citizenship under this bill.
As a citizen, Jennifer can sponsor her spouse and any dependent
children to come to Canada under immigration rules.
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5. Adult dual citizen took an oath to another country between 1947
and 1977
Fictional case: Daniel was born in Alberta in 1952 to U.S. citizen
parents. He was a dual citizen at birth since he was born in Canada
and he obtained U.S. citizenship through his parents.
In 1974, he applied for a citizenship certificate from the U.S.
authorities to have proof of his U.S. citizenship. When he picked
up his certificate from the U.S. consulate in Canada, he signed
a U.S. form in which he renounced all other citizenships. As a result,
he automatically lost his Canadian citizenship.
Daniel has lived all his life in Canada. He contacted the CIC Call
Centre to ask about his citizenship status and it was determined
that he had lost his citizenship in 1974 when he got his U.S. citizenship
certificate. Daniel was invited to apply for a special grant of
citizenship and became a citizen in the spring of 2007.
Citizenship status: Though Daniel is a citizen today, this bill
would restore citizenship to him back to the date he lost it in
1974.
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6. People who lost their citizenship between 1947 and 1977 by becoming
citizens of another country (adults and minors)
Fictional case: Jamal and his parents were all born in Canada. The
family moved to the U.S. in 1951 and all became U.S. citizens on
March 1, 1956, when Jamal was 10 years old. Jamal lost his Canadian
citizenship when his parents chose to make the family U.S. citizens.
Jamal remained in the U.S. and is now 61 years old with a wife,
children and grandchildren who are U.S. citizens, having been born
there.
In 2005, the Act was amended to allow people who lost citizenship
as minors to resume citizenship without first becoming a permanent
resident and residing in Canada (Bill S-2). Jamal applied for and
resumed his Canadian citizenship in 2006.
Citizenship status: Though he is a citizen today, this bill would
restore citizenship to Jamal (and his parents if living) back to
the date they lost citizenship in 1956.
Jamal’s children are the first generation born abroad and
would automatically obtain citizenship under the bill back to their
date of birth.
His grandchildren born in the U.S. would not obtain citizenship
under the bill since they are the second generation born abroad.
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7. People adopted by a Canadian parent outside Canada between 1947
and 1977
Fictional case: Kathleen, who was born in Canada, moved to Australia
in 1969. In 1973, she adopted Ruth, who had been born in Australia
earlier that year. Ruth never became a Canadian citizen.
Citizenship status: Under this bill, Ruth could apply for citizenship
because she was adopted by a Canadian after January 1, 1947.
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8. Second or subsequent generation born abroad after 1977
Fictional case: Maria is a fourth-generation Canadian born abroad:
Maria was born in Belize in 2001 and has never lived in Canada.
Maria’s father was born in Belize in 1978 to a Canadian mother
(Maria’s grandmother).
Maria’s grandmother was born out of wedlock in Belize in 1955
to a Canadian mother (Maria’s great-grandmother).
Maria’s great-grandmother was born in Belize in 1937 to a
father who was born in Ontario in 1915 (Maria’s great-great-grandfather).
Maria is a citizen today and must take steps and apply to keep her
citizenship before she turns 28.
Citizenship status: Under this bill, Maria would remain a citizen
and would no longer be required to apply, before her 28th birthday,
to retain her Canadian citizenship.
If Maria has children abroad after the bill comes into force, her
children would not be citizens.
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People who would not obtain citizenship would include:
1. Adult who renounced his citizenship to the Canadian government
Fictional case: Carlos was a 25-year-old dual citizen who obtained
a job at a foreign consulate in Canada and became a diplomat. To
accept the job offer, he had to formally renounce his Canadian citizenship.
He applied to the Canadian government to renounce his citizenship
in 2000 and it was approved by a citizenship judge later that year.
Today, Carlos is not a Canadian citizen.
Citizenship status: This bill would not restore citizenship to
Carlos. He can apply to resume citizenship after qualifying for
and becoming a permanent resident and after residing in Canada as
a permanent resident for one year.
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2. People whose citizenship was revoked for fraud
Fictional case: In 1980, Nolan was convicted of theft and assault
with a weapon in a home invasion in the U.S. Nolan did not disclose
his conviction to immigration officials when he applied for and
obtained permanent residence in Canada in 1990. He became a citizen
in 1995.
In 2000, it was discovered that he lied at the time he applied
for permanent residence and that the information was material to
the decision to grant him status in Canada. In 2002, citizenship
revocation proceedings began and Nolan’s citizenship was revoked
in 2003 as his permanent resident status had been obtained as a
result of fraud. Nolan was deported in late 2003.
Citizenship status: This bill would not restore citizenship to
Nolan.
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3. People born abroad before 1947 to a Canadian parent (before
parents married)
Fictional case: Paula was born in Wales in 1943. Her father was
born in Canada. Her parents married in 1945. The family moved to
Canada in 1946 and have lived there ever since. Paula’s parents
never applied for citizenship on her behalf and assumed she was
a citizen. After hearing about problems some people had in proving
their citizenship, Paula applied for a proof of citizenship.
After a review of Paula’s application, it was determined
that she was never a citizen, but that she had lived in Canada as
a permanent resident since her arrival in 1946. Paula was invited
to apply for a special grant of citizenship and became a citizen
in the spring of 2007.
Citizenship status: This bill would not have an effect on Paula.
Paula was born before 1947 and did not acquire citizenship in 1947
when Canada’s first citizenship act came into effect. However,
Paula would remain a citizen as she was granted citizenship in 2007.
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4. Second generation born or adopted abroad after 1977
Fictional case: Ali was born in Turkey in 1979 and has resided outside
Canada all his life. Ali’s mother (Janine) was born in the
U.S. in 1955 to Canadian parents but Janine’s parents never
registered her birth with citizenship officials. Ali and his mother
applied for proof of Canadian citizenship in 2002.
As a result of her 2002 application, Janine was registered as a
citizen born abroad. Since Janine’s birth was registered after
1977, Ali is considered second generation born abroad and needs
to take steps to retain his citizenship before turning 28. Ali turned
28 in 2007 and never applied to retain citizenship. Ali automatically
lost citizenship when he turned 28.
Citizenship status: This bill would not restore citizenship to
Ali. Ali can apply to resume citizenship after qualifying for and
becoming a permanent resident and after residing in Canada as a
permanent resident for one year.
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5. Second generation born or adopted abroad after 1947
Fictional case: Ruth was born outside Canada and adopted by a Canadian
citizen in 1973. Ruth gave birth to Myron in 1999 and adopted Stephanie
in 2001 outside Canada.
Citizenship status: Once this bill comes into force, Ruth could
apply for and be granted citizenship.
As the second generation born or adopted abroad, Myron and Stephanie
would not obtain citizenship under this bill.
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6. Former British subjects born or naturalized in Canada
Fictional case: Joan was born in New Brunswick in 1925, before Canadian
citizenship existed, and was therefore a British subject. In 1935,
Joan and her family moved to the U.S. When the family became U.S.
citizens in 1940, Joan and her father lost their British subject
status. As a result, Joan did not become a Canadian citizen in 1947
when Canada’s first citizenship act came into effect.
Citizenship status: Joan would not obtain citizenship under this
bill since she has never been a Canadian citizen.
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Note: Any person who would not become a citizen under the bill
or meet the requirements to be granted citizenship as an adopted
person can either:
apply for permanent residence in Canada under immigration rules;
after living in Canada as a permanent resident and meeting all the
requirements for citizenship, a person can then apply to become
a citizen; or
in situations of special and unusual hardship, a person may request
consideration for a special grant of citizenship. Such applications
are reviewed on a case-by-case basis.
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People whose citizenship would not be affected would include:
Selected examples
1. War brides and their children
Fictional case: Margaret was born in the U.K. In 1943, Margaret
married Guy, a Canadian soldier born in Canada. Their daughter Emily
was born in England in 1944. In 1946, Margaret and Emily arrived
in Canada and have lived here ever since.
On January 1, 1947, both Margaret and Emily automatically became
Canadian citizens when the Canadian Citizenship Act came into force.
Citizenship status: Like almost all war brides, Margaret and her
daughter Emily have been citizens since January 1, 1947. This bill
would have no effect on them.
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2. People born abroad to a Canadian parent between 1947 and 1977
(registered birth)
Fictional case: Isabelle’s parents, grandparents and great-grandparents
were born in Saskatchewan and resided in a town near the U.S. border.
In 1960, Isabelle’s mother gave birth to her at the nearest
hospital across the border. She returned to Canada with her soon
after her birth. Isabelle’s parents registered Isabelle’s
birth with citizenship officials two months later. Isabelle has
resided in Canada her entire life.
Citizenship status: The bill would have no effect on Isabelle since
she is considered a citizen by birth and has never lost citizenship.
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