If you are someone who has lost his/her citizenship in Canada because of one reason or another, or if you qualify to become a citizen of Canada but have never applied, you now have a chance to become a full-fledged citizen with the new Canada Citizenship Act that was put in place last April 17, 2009.
This act restores citizenship to certain individuals, upgrading the previous act that was enacted in January 1, 1947.
One big difference between this amended act and the previous one concerns the ability of a Canadian to pass on his citizenship to the next generations who were not born inside the country. In the past, a Canadian is free to do that.
There are ways to obtain Canadian citizenship specially if an individual have Canadian roots
With the new law, however, citizenship can only be passed on to just one generation born outside of the country. If you are a citizen of Canada, you can pass on your citizenship to your children even if they are born outside Canada.
But, you can’t pass such citizenship to your grandchildren. If your grandchildren are not born inside the country, they cannot be Canadian citizens unless one of their parents is a Canadian by birth or thru naturalization.
The new act is stricter in these terms. However, it also opens new doors to certain individuals who have previously been denied citizenship due to several reasons. This new act covers and gives citizenship to the following individuals:
1. Those who were born in Canada before 1947 and those who became Canadian citizens when the 1947 act was enacted, but later lost their citizenship for some reason.
2. Those who resided in Canada for a minimum of half a decade prior to 1947 and who became citizens during the enactment of the first act, but lost their citizenship later on because of certain factors.
3. Those who were born in Canada and became Canadian citizens during or after the enactment of the 1947 act, but lost their citizenship later on.
4. Those who were born to a Canadian citizen but outside of Canada (for simple reasons like the fact that they were delivered in a U.S. hospital), are included in the first generation born abroad, during or after the enactment of the 1947 act.
5. Those whose parents are Canadians, were born outside Canada during or after the enactment of the 1947 law, or are included in the first generation born in a foreign country, but never had the chance to become a citizen.
6. The so-called war brides who stayed outside Canada for 10 years and up, thus losing their citizenship.
If you belong to any of above categories, you now have the opportunity to get Canadian citizenship
Additionally, those born to Canadians outside of Canada because the parents are working for the Federal Government or the Canadian Forces are automatically granted citizenship, regardless of the generation in which they are born (they are not covered by the limitation mentioned in the first part of this article). There is limit, however, when it comes to military or diplomatic personnel.
Aside from the mentioned limitation, there are other exemptions here. Below are some individuals who are not covered by the new Citizenship Act:
1. Those who failed to obtain citizenship during the enactment of the first 1947 Citizenship Act.
2. Those born to a Canadian parent who has lost citizenship, and was born outside Canada in the second or succeeding generations.
3. Those born inside Canada, but whose parents are not Canadian citizens, and one of the parents is a foreign diplomat.
4. Those who lost their citizenship upon the government’s discovery that the process used to obtain such citizenship was fraudulent.
5. Those who chose to give up their citizenship upon reaching the correct age.
Those people who are granted citizenship under the new law do not even need to apply for it – they are automatically citizens and only need their existing provincial birth certificate as proof.
However, those who were born outside the country and were granted citizenship will need to have a citizenship certificate to prove their status.
For all other instances, proof of Canadian citizenship like name of Canadian parent in birth certificate, is a requirement
(Note: Canadian citizenship rules and regulations change from time to time. To keep yourself updated on the latest change, visit the Canadian citizenship website at www.cic.gc.ca)
Disclaimer: The immigration article posted above does not substitute as a legal advice on immigration issues. If you need the services of a qualilfied lawyer, email us and we will forward your inquiry to one of our immigration lawyers or you may consult a qualified immigration professional in your city or country. Use due diligence in doing so.