Canada to extend citizenship by descent beyond first generation, to benefit Indian diaspora

PTC Web Desk: Canada's Immigration Minister Marc Miller has introduced a legislation to extend citizenship by descent beyond the first generation, a move welcomed by many immigrants, including the Indian diaspora.

The Citizenship Act was amended in 2009 to impose a 'first-generation limit' on citizenship by descent. Under this rule, a Canadian citizen parent could pass on citizenship to a child born outside Canada only if the parent was either born in Canada or naturalised before the child's birth. 

Consequently, Canadian citizens born outside Canada could not pass on citizenship to their own children if they too were born outside Canada. Additionally, they could not apply for a direct grant of citizenship for a child adopted from outside Canada.

The proposed amendment follows a court ruling last year that declared the first-generation limit unconstitutional. As reported by 'Times of India' on January 23, the Canadian government decided not to appeal this decision.

Immigration attorney Pavan Dhillon explains the implications of the first-generation limit: Mrs. A, born in India and later a Canadian citizen, could pass on her citizenship to her child 'B,' born outside Canada. However, 'B,' also a Canadian citizen, could not pass on citizenship to 'C,' if 'C' was born outside Canada.

Under the proposed amendment, children born abroad to Canadians since 2009 would automatically be granted citizenship. A new substantial connection test will be introduced for those born outside Canada after the new law takes effect.

Indians eligible for Canadian citizenship under the new legislation will have to renounce their Indian citizenship, as dual citizenship is not permitted. The proposed provisions require that "parents born abroad who have or adopt children also born outside Canada must have spent at least 1,095 cumulative days of physical presence in Canada prior to the birth or adoption of their child to pass on citizenship."

Ken Nickel-Lane, an immigration expert, said, "This announcement could significantly impact a large group of individuals worldwide, notably Indian nationals, given that they are the largest source of new Canadians."

- PTC PUNJABI